[Call to Order, Invocation, and Pledge of Allegiance.]
[00:00:05]
>> MAYOR: GOOD EVENING. IT IS 6 P.M., TUESDAY, SEPTEMBE.
I CALL THIS SESSION OF THE MIDLOTHIAN CITY COUNCIL TO ORDER. IF OFFICER DOUGLAS WITH THE MIDLOTHIAN POLICE DEPARTMENT, PART OF THE CAT DIVISION.
MANY OF YOU KNOW HIM AS CAPTAIN AMERICA WILL LIED US IN OUR INVOCATION AND COUNCILMAN HUD HARTSON WILL LEAD US IN OUR
PLEDGES. >>> DEAR HEAVENLY FATHER WE COME TO YOU THIS EVENING, WITH OUR HEADS BOWED.
ANOTHER DAY TO GET IT RIGHT, BE A LITTLE BIT BETTER THAN THE DAYS PRIOR. LORD, WE ASK THAT YOU BE WITH EVERYONE HERE, GUIDE AND WATCH OVER OUR LEADERS, CITY COUNCIL MEMBERS, AS THEY MAKE DIFFICULT DECISIONS DAY IN AND DAY OUT FOR THE BETTERMENT OF OUR CITY AS CONTINUE TO GROW AND PROSPER.
LORD, PLEASE PROTECT US ALL. SUCH A WONDERFUL COMMUNITY, LORD, PLEASE KEEP US TOGETHER AND I CAN ONLY BE KEEP YOUR WORD, PLANT IN OUR HEART, SHOWER IT WITH YOUR LOVE, GRACE AND MERCY SO IT MAY GROW IN ABUNDANCE AND PROSPER AND FEED US AND NOURISH US AND FEED THOSE WE COME IN CONTACT WITH.
WE PRAY THIS IN JESUS NAME WE PRAY, WE LOVE YOU, WE THANK YOU,
>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
>> MAYOR: WOOF WE START, I WOULD LIKE -- BEFORE WE START, I WOULD LIKE TO GIVE A SHOUTOUT TO THE DOWNTOWN BUSINESS ASSOCIATION, CHAMBER OF COMMERCE AND 4B BOARD FOR AN EXCELLENT HERITAGE DAY EVENT THIS LAST SATURDAY. THANK YOU ALL VERY MUCH.
[2022-388]
ITEM 2022, 388. THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD YOU WILL BE GIVEN THREE MINUTES, PLEASE MAKE YOUR COMMENTS TO THE COUNCIL. GIVE YOUR NAME AND ADDRESS.FIRST SPEAKER IS LISA HEALY. >> GOOD EVENING.
MY NAME IS LISA HEALY, 418 MILLIGAN DRIVE.
I APPRECIATE YOU ALLOWING ME TO SPEAK TONIGHT.
IT HAS BEEN A LONG DAY SO I HOPE YOU CAN OFFER ME SOME GRACE.
SINCE THE TAX RATE VOTE WAS PUSHED OUT A WEEK, I WOULDN'T BE ME IF I DIDN'T COME AND GIVE MY TWO CENTS.
SO WHICH WOULD BE GREAT IF YOU CUT IT BY TWO CENTS.
AT MINIMUM. BUT ANYWAY, SINCE WE WERE ABLE TO MOVE IT, IT KIND OF MAKES ME THINK THERE'S A LITTLE MORE FLEXIBILITY IN TIMELINES AND MAYBE IN THE ORDER, THE WAY WE DO THINGS. LAST CITY COUNCIL MEETING, THE CITY COUNCIL APPROVED THE BONDS AND KIND OF HANDCUFFED THE CITY COUNCIL ON THE M&O SIDE. I MEAN, ON THE INS SIDE.
SO THE ONLY FLEXIBILITY WE HAVE TO LOOK AT THE TAX RATE IS ON THE MNO SIDE. AND THE FLEXIBILITY THERE IS SOMEWHAT LIMITED BECAUSE THE BUDGET WAS APPROVED SO LONG AGO BASED ON INACCURATE TAX RATE INFORMATION.
SO I JUST HOPE THAT THIS IS A LEARNING EXPERIENCE FOR US ALL.
I KNOW IT HAS BEEN FOR ME. AND THAT I HOPE IN THE WEEK THAT YOU WILL THINK ABOUT THE TIMELINES AND WHAT'S TRANSPIRED AND MAY CONSIDER VOTING NO AGAINST THE PROPOSED TAX RATE.
THANK YOU. >> MAYOR: STACEY MAYFIELD.
>> MY NAME IS STACEY MAYFEEL, 320 MINNIE PENNY HERE IN
MIDLOTHIAN, OF COURSE. >> STAND IN FRONT OF THE
[00:05:01]
MICROPHONE. >> THANK YOU FOR YOUR TIME THIS EVENING. I'M HERE TO ASK EACH AND EVERY ONE OF YA'LL TO REALLY CONSIDER VOTING NO AGAINST THE PROPOSED TAX RATE. MAYOR, JUST THE OTHER DAY YOU SPOKE ON ELLIS COUNTY TALKER, YOU SAID THE CITY COULD GO WITH NO NEW TAX RATE. THAT YOU WOULD HAVE TO TIGHTEN THE CITY -- THE CITY WOULD HAVE TO TIGHTEN THEIR BELT.
WE ALL ARE TIGHTENING OUR BITS. I THINK THE CITY CAN DO THAT, TOO. I THINK THE CITY SHOULD DO THAT BY YOUR ACTIONS, LEAD US BY YOUR ACTIONS.
IF YOU EXPECT OR ALL OF US HAVE TO LIVE TIGHTENING OUR BELTS, YA'LL SHOULD DO THE SAME. I THINK WE WOULD BE FINE WITH BASIC SERVICES, AS YOU QUOTED, FOR THE NEXT YEAR.
WE ARE TRYING TO GET THROUGH THE NEXT YEAR.
AND I JUST BEG OF EACH AND EVERY ONE OF YA'LL TO PLEASE, PLEASE, VOTE NO TO THE PROPOSED TAX RATE.
PLEASE. WE ARE HURTING AS CITIZENS FINANCIALLY. SO PLEASE TAKE THAT INTO CONSIDERATION. EACH AND EVERY ONE OF YA'LL.
THANK YOU. >> MAYOR: THANK YOU.
>> MIKE DILLO. >> MIKE DILLO, 7081 FAITH LANE.
COUNCIL, MAYOR, THANK YOU FOR THE OPPORTUNITY TO SPEAK TO YOU.
LAST WEEK YOU HEARD ABOUT OUR ISSUES WITH 1387, PARTICULARLY THE AREA FROM LONG BRANCH TO FM FM664,VI, VILLA.
THE ALIGNMENT, WHICH GOES ON THE TREE LINE JUST SOUTH OF LEGACY ESTATES. SOME FACTS ABOUT IT WE HAVE ALREADY PRESENTED TO YOU, BUT I WILL GO OVER ONE MORE TIME.
THE SOUTH ALIGNMENT COSTS ABOUT 5 MILLION MORE.
THE SOUTH ALIGNMENT DESTROYS PART OF OUR ENVIRONMENT.
IT IS GOING TO TEAR OUT AN AGE-OLD TREE LINE, TEAR OUT A WIND BLOCK, SOUND BARRIER. IT IS GOING TO DESTROY HABITAT FOR WILDLIFE THAT RUNS THROUGH THERE.
THERE ARE DRAINAGE ISSUES THAT TXDOT HASN'T EVEN EXPLORED AND THEY WON'T DO IT UNTIL THEY MAKE A DECISION.
THAT MAY ADD ADDITIONAL COSTS. WE KNOW THAT AREA FLOODS NEAR BLACK CHANNEL. BUT MORE IMPORTANTLY, WHAT I AM HERE TO SPEAK TO YOU ABOUT. THIS AFFECTS PEOPLE.
THIS AFFECTS PEOPLE'S LIVES. WE NEED YOUR HELP.
WE MOVED HERE IN 1990. WE INTRODUCED TO THE COUNTRY LIFE, COYOTES SANG AT NIGHT, SKUNKS SPRAYED OUR KIDS OR WE EITHER HAD CHICKENS OR WE DIDN'T HAVE CHICKENS DEPENDING ON THE BOBCATS. WE HEARD OWLS TALK TO EACH OTHER. WE CALLED THIS PLACE OUR HOME LIKE SO MANY OTHERS WHO HAVE MOVED HERE TO OUR COMMUNITY.
THE SOUTHERN ALIGNMENT DISRUPTS THIS.
IT BRINGS A ROAD BETWEEN THREE NEIGHBORHOODS, LEGACY ESTATES, CIMERON MEADOWS AND CROSS CREEK. THIS IS NOT WHAT RESIDENTS OF THE COMMUNITY WHEN THEY MOVE, WHEN THEY BOUGHT, WHEN THEY CAME TO AREA AND STARTED TO RAISE FAMILIES AND PLANNING ON RETIREMENT, JUST WORKING FROM HOME.
THIS IS NOT WHAT THEY BOUGHT INTO.
WE NEED YOUR HELP. WE REALLY NEED YOUR HELP.
PEOPLE ASK ME WHY I RAN FOR THE SCHOOL BOARD.
IN THE SPRING, AND THEY SAY, MIKE, WHY ARE YOU DOING THIS? YOU ARE TOO OLD.
YOU ARE NEAR RETIREMENT. LET SOMEBODY ELSE HANDLE IT, LET SOMEBODY ELSE DO IT. BUT MY COMMON THEME WAS TO GET BACK TO THE COMMUNITY. THE COMMUNITY I CALL HOME.
AND BECAUSE I BELIEVE I CAN MAKE A DIFFERENCE.
I CAN HELP FAMILIES. I CAN HELP PEOPLE GET THE EDUCATION THEY REQUIRE. THAT IS PROBABLY THE SAME REASON YA'LL RAN FOR PUBLIC OFFICE, TO MAKE A DIFFERENCE.
WE ARE ASKING YOU, PLEADING WITH YOU, TO MAKE A DIFFERENCE IN OVER 200 LIVES. WE HAVE A PETITION.
WE HAVE A STRONG FOLLOWING. THERE ARE PEOPLE THAT DO NOT NEED THIS. DID NOT WANT THIS.
WE JUST ASK THAT YOU DO WHAT'S RIGHT, STEP UP AND MAKE A DIFFERENCE BY PROTECTING OUR COMMUNITY.
VOTE NO. LET THEM KNOW THE SOUTH OPTION IS NOT AN OPTION. LEAVE THE ROAD WHERE IT BELONGS.
THANK YOU FOR YOUR TIME. >> MAYOR: THANK YOU.
[00:10:05]
>> VICKI DILLO. >>> CAN I GO LAST?
>> YES, MA'AM. >> JO ANN COLT.
>> DE, JO ANNA COAL, AND I AM ACTUALLY MY HOME IS THE LOWEST ELEVATION IN THE AREA OF CROSS CREEK AND BLACK CHAMP AND I CAN TELL YOU RIGHT NOW, SINCE I HAVE BEEN THERE FOR TEN YEARS, THE CURRENT DRAINAGE IS NOT HANDLING JUST THE HORSESHOE ESTATES AND LEGACY ESTATES THAT HAVE BEEN BUILT AS THE CROW FLIES QUARTER MILE TO HALF MILE AWAY. IT USED TO BE THE DRAINAGE DITCHES AND CREEK WOULD FILL UP. NOW THE ENTIRE ROAD WHICH MY PROPERTY IS TRIANGULAR SHAPE, THE WHOLE THING TURNS INTO A WATER FALL. AND WATERFALL TO WHERE I HAVE HAD PEOPLE IN BIG F250 TRUCKS SCARED TO DRIVE THROUGH IT BECAUSE IT IS FLOWING THAT FAST. I HAVE ONE LADY SCREAMING AT ME HELP HELP HELP. I RUN OUT THERE, SHE DIDN'T REALIZE -- IT JUST LOOKED VERY DANGEROUS.
SHE WAS AFRAID. IN A LIFTED F250 TRUCK, AFRAID TO CROSS THE ROAD BECAUSE THE FLOW IS THAT BAD.
RIGHT NOW, JUST FROM THE LAST RAINFALL A COUPLE WEEKS AGO, THERE'S ABOUT FOUR FEET SECTION OF EXPOSED CABLE LINE, JUST EXPOSED, BECAUSE THE ROAD WASHED AWAY.
SO IT CANNOT HANDLE ANY MORE. UNLESS THEY ARE WILLING TO DO SOME DRAINAGE OR WATER SURVEYS OR STUDIES BEFORE THEY DECIDE.
IT CURRENTLY CAN'T HANDLE IT. I'M HAVING TO LOOK AT RETAINING WALLS. I SPOKE TO KYLE BUTLER ABOUT FILL DIRT THAT THE COUNTY HAS EXTRA OF.
IT IS JUST NOT GOING TO HANDLE THE SOUTH OPTION AT ALL.
IT IS NOT WHAT WE WERE LOOKING FOR.
SO I APPRECIATE YOUR TIME. THANK YOU.
>> WE HAVE BEEN MARRIED ALMOST 40 YEARS.
MY NAME IS DAWN BALIS, CIMERON MMEADOWS.
WE CAME FROM INDIANA, NORTHWEST INDIANA.
SO WHEN YOU GUYS SHUT THINGS DOWN, THAT LITTLE BITTY SNOW, I WILL SHOW YOU HOW TO DRIVE THROUGH IT.
BECAUSE WE GET LAKE EFFECT UP THERE.
WE RETIRED DOWN HERE. MY SON-IN-LAW CAME TO ME LAST SEPTEMBER, MY BIRTHDAY, SAYS, YOU KNOW WHAT, I CAN WORK IN TEXAS. THEY HAVE AN OPENING AND I HAVE MY DAUGHTER, GRAND BABIES, TWO BOYS IN HOUSTON.
NO WAY IN HELL. MY SON FLEW ME OUT, WE DROVE.
WHEN WE DROVE THROUGH MIDLOTHIAN, WAXAHACHIE, I CONTACTED A REALTOR. AND WE SOLD OUR HOUSE AND WE TOOK A LOSS. WHERE EVERYBODY ELSE WAS MAKING MONEY, WE FOUND A HOUSE WE LIKED IN WAXAHACHIE.
PLACE TO RETIRE TO. THAT RETIREMENT CAME TO COSTS.
NO WORK BUOYS OF COVID. SO US COMING OUT HERE, COST IS THAT MY INSURANCE DOESN'T WORK OUT HERE.
I HAVE TO GO TO THE HOSPITAL OR ANYTHING, I HAVE TO GO BACK TO INDIANA. YOU GUYS ARE ALL OUT OF NETWORK.
I KNEW THAT MY DISABILITY LAWSUIT WOULD HAVE TO BE CHANGED AND RESTARTED AGAIN. COMING FROM INDIANA WHERE IT WAS ALL GOING GOOD, NOW I'M IN TE TEXAS.
SO WE TOOK A BIG LOSS. WHEN WE BOUGHT OUR HOUSE, WE SPENT $125,000 MORE TO BE ON LAND BECAUSE I WON'T LIVE NEAR A BUSY ROAD DUE TO CHILDHOOD TRAUMA.
I HAVE HAD FOUR HOMES. NOT ONE ON A BUSY STREET.
AND NOW I WILL HAVE ONE IN MY BACKYARD.
MY GRAND BABIES FOR THE FIRST TIME GOT TO SEE A ROAD RUNNER IN OUR BACKYARD. NEVER SAW A WILD VULTURE BEFORE.
I GREW UP ON 27 ACRES. I KNEW WHAT WILDLIFE IN INDIANA WAS. OUT HERE IN TEXAS, A THRILL.
TO HAVE A BABY OUTSIDE RUNNING AND CALLING BIRD, HIS FIRST WORD. HE HAS DELAYED SPEECH SO IT WAS IMPORTANT TO US. NOW WE WILL LOSE IT.
MY BACKYARD IS GOING TO BE A SIX-LANE HIGHWAY.
WE PULLED MONEY OUT OF OUR RETIREMENT TO GET THIS HOUSE.
IF I HAVE TO PUT A SIGN IN FRONT, I WILL HAVE TO PAY HIGHER INTEREST RATES, MONEY DOWN THE DRAIN.
I HAVE ALWAYS SPENT $6,000 ON EYE SURGERY BECAUSE IFERG IS OUT EVERYTHINGIS OUT OF NETWORK HER. MY HOUSE WOULD DEPRECIATE.
[00:15:02]
IF YOU THINK IT DOESN'T, START LOOKING.WHERE THERE IS A FOUR-LANE HIGHWAY, SIX-LANE HIGHWAY, YOUR PROPERTY VALUES WILL DROP. YOU LOSE WILDLIFE, YOU LOSE EVERYTHING. YOU MOVE TO THE COUNTRY FOR A REASON. YOU KNOW WHAT I TOLD MY REALTOR, COULDN'T BELIEVE I WAS BUYING A HOUSE ONLINE, SAW IT THROUGH FACE TIME. NO HOAS AND I WANTED TO BE IN
CHARLES KEEN. >> CHARLES KEEN.
IF YOU CAN SEE THIS PROPERTY HERE, MINE IS IN THE RED RECTANGLE THERE. THE YELLOW IS THE ROAD CUTTING THROUGH THE MIDDLE OF MY PROPERTY.
I MOVED TO MIDLOTHIAN IN '74. WE BOUGHT THIS PROPERTY IN 2020.
AND WE LIVED IN A METAL BUILDING HERE WHILE WE SAVED MONEY TO BUILD THIS HOUSE, OUR DREAM HOUSE.
I DREW THE PLANS. I SUBCONTRACTED IT.
ME AND MY WIFE LOOKED AT THE EXPENSIVE HOUSES, FIGURED OWGHT OUT AWAY TO BUILD IT CHEAPLY. WE BUILT THE HOUSE, GOT THE BARN, GOT THE SWIMMING POOL THERE.
WE HAVE DONE ALL THE WORK OURSELVES.
JUST PUT BLOOD, SWEAT AND TEARS IN THIS.
TO COME TO THINK NOW I MAY HAVE THIS ROAD RUNNING THROUGH HERE.
I HAVE GOT A GAME CAMERA DOWN HERE IN THE PASTURE.
SOME OF THE OTHER PEOPLE HAVE TALKED BETTER THAN ME AND TALKED ABOUT THE ANIMALS AND THIS AND THAT, I HAVE 17 DIFFERENT SPECIES OF ANIMALS COMING THROUGH THAT CREEK RIGHT NOW.
WE GOT LAND TO RIDE OUR FOUR WHEELERS, TAKE OUR GRANDKIDS, TO ENJOY AND NOW WE WILL BE CUT IN HALF WITH THIS ROAD RUNNING THROUGH THERE WITH TRAFFIC. POSSIBLE COLLISIONS, PEOPLE WALKING BEHIND THERE. POSSIBLE LIGHTS DOWN THROUGH THAT AREA. I WANT YOU TO PUT IN YOUR EFFORT TO GO AGAINST THE SOUTH OPTION FOR ANY PULL THAT YOU HAVE WITH TXDOT. I DON'T KNOW HOW IT WORKS OUT BETWEEN WHO PAYS FOR WHAT OR WHO DOES WHAT.
BUT I WANT TO BE PUBLICLY NOTED THAT WE ARE FOR THE NORTH OPTION ONLY. AND TO SAY NO TO THE SOUTH OPTION. THANK YOU VERY MUCH.
>> WE BOUGHT OUR PROPERTY 22 YEARS AGO.
WE ARE THE SECOND MOST AFFECTED PROPERTY ON THE SOUTH OPTION.
MY HUSBAND AND MY SON GREW UP HERE IN MIDLOTHIAN.
I ANNOUNCED AS MY FOREVER HOME YEARS AGO AS I PLAN ON DYING ON MY PORCH. I'M ASKING YOU TO GO ON RECORD AND STATE YOU ARE NOT IN FAVOR OF THE SOUTH OPTION.
I DO NOT WANT TO DIE LOOKING AT A HIGHWAY.
I DO NOT WANT THE ROYAL GORGE BETWEEN US AND THE KEENS WHO WE HAVE BEEN FRIENDS WITH FOR HALF OF OUR LIVES.
WE CROSS PROPERTIES AS IT IS OURS AND IT IS SAFE.
STAKEHOLDERS IN FAVOR OF THE SOUTH OPTION, TXDOT, THE INFILL THAT IS BEING PUT OUT IS INCORRECT, INCOMPLETE OR MISLEADING. WHO VOTED FOR THE SOUTH OPTION AND WAS IT THE OLD SOUTH OPTION? THE SOUTH OPTION IS NOT REALLY AN OPTION. FIVE, SEVEN MILLION DOLLARS MORE IS NOT BEING PRUDENT. YOU ALREADY HAVE AN EXISTING ROAD. EVERY HOME ON THE NORTH OPTION WAS BUILT WITH A ROAD ALREADY THERE OR THEY BUILT IT THEMSELVES WILLINGLY. WE PURPOSELY PICKED A SEE CSECLUDEDLOT. THE NORTH OPTION TAKES ZERO FOREST/GLASSLAND. THE SOUTH OPTION TAKES EIGHT AND A HALF HIGHLY WOODED ACRES WHERE LABELED ON THE MAP IS 201A.
BUT YET OUR NAMES, OUR ADDRESS AND AK RAGE ACREAGE ARE NOT LIS.
WE ARE NO. 2 AFFECTED. NOBODY HAS HANDWRITTEN ON ANY OF THESE MAPS. MATRIX SAYS THERE ARE 2 PROPERTIES AFFECTED ON THE SOUTH, ZERO ON THE SOUTH.
YOU ARE SUGGESTING PUTTING A SIX-LANE HIGHWAY THROUGH EIGHT AND A HALF ACRES, OUR HARDWOOD. I PROMISE WE ARE AFFECTED AND HIGHLY OFFENDED. THE INFORMATION IS MI MISLEADIN.
PLEASE RETRACT THE APPROVAL ON THE SOUTH OPTION.
[00:20:04]
BLACK CHAMP ROAD. I THINK EVERYBODY IS PRETTY MUCH SAID EVERYTHING THAT I CAN THINK OF.MOVED HERE IN '76, CLASS OF '83. HAVING A HIGHWAY PUT THROUGH OUR PROPERTY THAT WE HAVE SPENT 20 YEARS BUILDING IS DIFFICULT TO ACCEPT. I WOULD REALLY APPRECIATE YOUR SUPPORT FOR THE NORTH OPTION. SOUTH OPTION IS GOING TO TAKE AN ACRE AND A HALF OF MY PROPERTY. IT IS ALL TREES.
IT PROVIDES PROTECTION FROM THE WIND, PROVIDES NOISE PROTECTION.
IT IS BEAUTIFUL. TO LOOK OUT OUR WINDOW, WALK OUT OUR FRONT DOOR AND SEE HIGHWAY VERSUS PARADISE IS UPSETTING.
SO ANYTHING YOU GUYS CAN DO TO HELP US OUT.
REALLY APPRECIATE IT. >> THANK YOU.
>> VICKI DILLO. >> I WANT TO GIVE YA'LL A
HANDOUT. >> BASICALLY, THIS IS JUST A VISUAL I MADE UP FROM THE HANDOUT THAT I GAVE YOU LAST WEEK. AND IT JUST REAL CLEARLY SHOWS THE DIFFERENCES BETWEEN THE NORTH AND THE SOUTH OPTION.
LAST NIGHT WE HAD A MEETING WITH TXDOT.
IT WAS CALLED JUST FOR THREE NEIGHBORHOODS THAT ARE BEING AFFECTED. WE HAD OVER A HUNDRED PEOPLE THAT CAME AND ATTENDED. THERE WERE SEVERAL THAT CALLED ME AND SAID I'M SO SORRY, I WANT TO BE THERE, BUT I CAN'T.
THERE ARE SEVERAL PEOPLE THAT ARE BEING HIGHLY AFFECTED BY THIS OPTION. AS YOU CAN SEE, THE SOUTH OPTION REQUIRES MORE LAND AND THAT'S 2. THERE'S MORE ROAD BECAUSE THEY HAVE TO EXTEND IT FURTHER TO MEET UP WITH VILLA ROAD.
IT IS ABOUT A THIRD MORE ROAD. OF COURSE, THERE'S THE ENVIRONMENTAL IMPACT THAT WE HAVE TALKED ABOUT THIS EVENING.
MORE IMPACT ON THE WATERS OF THE U.S.
THAT IS A TERM THAT THEY USE ON THAT CHART.
I WENT AHID AND LISTED IT. THERE ARE MANY, MANY MORE TREES TO BE REMOVED BECAUSE THE NORTH OPTION DOESN'T REMOVE ANY TREES.
THERE'S A HUGE TREE LINE THAT WILL BE COMPLETELY REMOVED.
THERE'S ROUGHLY 800 FOOTBRIDGE THAT THEY LIST HAS TO BE BUILT.
OF COURSE, IT IS, AS YOU HAVE SEEN, MORE CATASTROPHIC TO THE PEOPLE. WE'RE GOING TO REMOVE THAT WILDLIFE HABITAT IN THAT TREE LINE IS GOING AWAY, THAT TREE LINE IS GOING AWAY. THERE'S ROUGHLY -- THE TWO PROPERTIES THAT ARE GOING TO BE DISSECTED, THE LOTZ AND KEENS.
MORE CONCRETE, DRAINAGE ISSUES THAT MIKE REFERRED TO AND OTHERS. THIS IS THE BIG ONE, EVERY ADJOINING PROPERTY ON THE SOUTH OPTION HAS A BACKYARD OR A SIDE YARD. IN OTHER WORDS, IT WILL RUN RIGHT THROUGH THE MIDDLE OF OUR NEIGHBORHOODS AND ALL THE BACKYARDS MEET UP TO THAT ROAD. THERE ARE 39 PROPERTIES THAT WILL BE AFFECTED. IF YOU CAN LOOK OVER TO THE LEFT, THE NORTH HAS 5 YARDS THAT WILL HAVE THE ROAD IN THEIR BACKYARD WHEN THEY EXPAND IT. OF COURSE, THERE'S MORE CONSTRUCTION NEXT TO THE AREA. THERE'S MORE DESTRUCTION TO PEOPLE'S INVESTMENTS. MANY, MANY MORE PEOPLE DIRECTLY AFFECTED. TAX DOLLARS AND OUR HARD-EARNED MONEY, $5 MILLION MORE IS THE ESTIMATED PRICE.
WE PROJECTED -- THEY HAVEN'T LOOKED AT DRAINAGE, THAT'S GOING TO BE A MAJOR ISSUE. THE OTHER THING THAT WE HAVE LOOKED AT IS WE ARE INVITING MAJOR TRUCK TRAFFIC AND THAT'S A BIG CONCERN TO US. THIS ROAD IS ALSO GOING TO BE, AS IT COMES INTO MIDLOTHIAN, GO PAST LONG BRANCH ELEMENTARY SCHOOL AND HERITAGE. SO IN CONCLUSION, SOMETHING IS GROSSLY WRONG HERE. THIS NEIGHBORHOOD CROSS CREEK AND 2015, THAT'S WHERE THE TORNADO HIT.
THERE WERE 13 HOMES THAT WERE COMPLETELY DESTROYED AND HAD TO BE REBUILT. SOME OF THOSE PEOPLE CAME IN, TORE UP THEIR FOUNDATION, REBUILT THE HOME OF THEIR DREAMS BECAUSE THAT'S WHERE THEY WANTED TO RETIRE.
THEY LOVE THIS NEIGHBORHOOD. OBVIOUSLY, SOUTH OPTION IS A HUGE DISSERVICE TO THE RESIDENTS WHOSE IMPACT HAS BEEN COMPLETELR MENTIONED. I NEED TO WRAP UP.
[00:25:02]
OKAY. ADDITIONALLY, WE FIGURED IT UP, THE ROAD BRINGS IN 12 ACRES OF CONCRETE THAT IS NOT CURRENTLY THERE. SO WE JUST COME TO YOU TONIGHT JUST ASKING YOU FOR YOUR SUPPORT TO COME OUT AND SUPPORT US AND NOT IN FAVOR OF THE SOUTH OPTION.IT IS NOT AN OPTION. THANK YOU.
>> MAYOR: THAT IS ALL THE SPEAKERS I HAVE SIGNED UP.
THANK YA'LL VERY MUCH FOR YOUR TIME AND COMMENTS.
>> I WILL ASK AND YOU TELL ME IF I AM NOT ALLOWED TO ASK IT.
HAS IT ROAD PROJECT COME BEFORE COUNCIL IN THE PAST FOR VOTING
IT IS ON THE THOROUGHFARE PLAN. ANY TIME THAT IT HAS COME BEFORE THE COUNCIL WOULD HAVE BEEN JUST TO APPROVE THE THOROUGHFARE PLAN. SO THAT'S WHERE I GUESS THE CITY, WHERE TXDOT IS REFERRING TO CITY SUPPORT, BECAUSE IT IS ON OUR THOROUGHFARE PLAN, ELLIS COUNTY AND CITY OF WAXAHACHIE
THOROUGHFARE PLAN. >> THAT WAS IN WHAT YEAR?
>> AS EARLY AS 2007 FOR SURE. >> NOBODY HERE WAS ON THE COUNCIL AT THAT TIME MUCH LESS THAN IN THE LAST THREE YEARS.
>> MR. MAYBMAYBE MR. SIBLEY. >> THIS IS NOT FOR DISCUSSION.
>> CAN WE ASK QUESTIONS OF STAFF?
LIKE SHE DID? >> IF IT IS NOT DISCUSSION.
>> CHRIS, HAVE YOU TOLD TXDOT AT ANY TIME IN THE LAST THREE YEARS THAT THE CITY -- AND SPOKEN ON BEHALF OF THE CITY OF MIDLOTHIAN AND TOLD TXDOT THAT WE SUPPORT THE SOUTHERN ROUTE AND TOLD THEM, YES, PUT THIS ON YOUR LITERATURE, WE SUPPORT THE
SOUTHERN ROUTE? >> I HAVEN'T HAD THOSE DIRECT CONVERSATIONS. I WOULD SEE WITH OUR CITY ENGINEERS. I KNOW THERE'S BEEN MEETINGS.
SO THERE'S BEEN MEETINGS WITH TXDOT AND SO WE WOULD HAVE -- IF WE HAD GIVEN OUR SUPPORT BECAUSE OF THOROUGHFARE PLAN, YES, THIS IS THE APPROVED THOROUGHFARE PLAN SO, THUS, THERE'S SUPPORT FOR IT. BASED ON THE PREVIOUS VOTES OF THE COUNCIL ON THE THOROUGHFARE PLAN.
PREVIOUS COUNCILS. >> THAT'S AROUND 14 YEARS AGO.
>> WELL, AND ALL OF THE SUBSEQUENT UPDATES WHICH WOULD HAVE BEEN -- THE LATEST WOULD HAVE BEEN 2018, I BELIEVE, WAS THE LAST TIME IT WAS APPROVED. THE THOROUGHFARE PLAN PART OF
THE COMPREHENSIVE PLAN. >> ONE MORE QUESTION.
IS IT SLATED TO COME BACK UP FOR REVIEW?
>> IT WILL BE PART OF THE COMPREHENSIVE PLAN REVIEW THAT
WE ARE DOING. >> SO WE DON'T BREEZE OVER THE THOROUGHFARE, WE ARE THOUGHT GOING TO DIVE INTO THE
>> MAYOR, ONE LAST COMMENT. CAN WE DO A WORKSHOP ON THIS
>> THANK YOU, MAYOR. >> HOPEFULLY THE NEXT COUNCIL
>> MOVING ON. THE CONSENT AGENDA.
[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 ITEMWILL BE REMOVED FROM THE CONSENT >> DO WOU WE HAVE A MOTION.
[2022-399]
[00:30:03]
>> PUBLIC HEARINGS, 2022-399, CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF 27.71+ ACRES BEING LOT 1, BLOCK A OF THE WALMART SUPERCENTER ADDITION, BY AMENDING THE PLANNED DEVELOPMENT NO. 24 TO ALLOW FOR THE USE OF SHIPPING CONTAINERS FOR STORAGE. THE PROPERTY IS GENERALLY LOCATED ON US HIGHWAY 67, COMMONLY KNOWN AS 400 SOUTH HIGHWAY 67. COLBY.
>> CASE NO. PD-24. THE AS THE MAYOR STATED, LOCATED AT 400 SOUTH HIGHWAY 67 JUST UNDER 28 ACRES AT 27.71 ACRES.
IT IS ZONED PD DEVELOPMENT. WE DO WANT TO PROVIDE SOME HISTORY ON THE SITE. AGAIN, I'M SURE MOST COUNCIL MEMBERS ARE FAMILIAR. BUT FOR THOSE WHO AREN'T.
THE CITY COUNCIL MEETING, APPLICANT BROUGHT A CASE REQUESTING FOR 20 STORAGE CONTAINERS FOR SIMILAR USE BEING PRESENTED TONIGHT TO BE LOCATED ON THE SITE FROM OCTOBER 1ST TO DECEMBER 31ST. CITY COUNCIL DENIED THAT 6-1 AND AT THAT TIME, COUNCIL DIRECTED STAFF TO GO BACK ESSENTIALLY TO THE DRAWING BOARD AND COME UP WITH MORE DEFINED LANGUAGE FOR THE CITY OF MIDLOTHIAN REGARDING STORAGE CONTAINERS WITHIN CITY LIMITS. SO GOING TO NOVEMBER 9, 2021 FOR THAT CITY COUNCIL MEETING, STAFF PRESENTED ORDINANCE 2021-77 TO AMEND ZONING ORDER MAN TO ALLOW FOR TEMPORARY STORAGE AND SHIPPING CONTAINERS AS A USE PER SPECIAL EXCEPTION BEING APPROVED BY CITY COUNCIL. APPROVED 7-0.
MOST RECENT ITEM, AUGUST 16TH, 2022, THE APPLICANT WAS APPROVED 6-0 BY THE PLANNING & ZONING COMMISSION.
TWO NOTES AT THE BOTTOM WE DID WANT TO MAKE COUNCIL AWARE OF.
WALMART DID RECEIVE TWO VIOLATIONS SEPTEMBER 20TH, 2021 AND JANUARY 3 RIGHT SIDE, 2022 FROM CITY STAFF FOR HAVING ILLEGAL STORAGE CONTAINERS ON THE SITE.
WE INFORMED THE APPLICANT, THEY DID REMOVE THE STORAGE CONTAINERS WITHIN A TIMELY MANNER.
NEXT SLIDE DEPICTS THE SITE LOWT.
APPLICANT PROPOSING 20 INDIVIDUAL STORAGE CONTAINERS ON THE SITE, 40-FOOT LONG, LOCATED AT THE NORTH AND EAST LOCATIONS OF THE PROPERTY. NORTH BEING THE PHARMACY SIDE OF THE BUILDING. THE APPLICANT IS REQUESTING IT TO BE ON THE SITE FOR FOUR-MONTH PERIOD.
IF APPROVED TONIGHT, SEPTEMBER 14TH, AT THE LATEST BEING REMOVED ON JANUARY 1ST, 2023.
AGAIN, 20 INDIVIDUAL CONTAINERS BEING 40-FOOT LONG WILL TAKE UP ROUGHLY 800 SQUARE FEET OF STORAGE CONTAINER SPACE, EQUIVALENT TO 20 PARKING SPACES ON THE SITE.
THE APPLICANT IS PROPOSING TEMPORARY SCREENING.
STANDARD METAL STORAGE CONTAINER.
TO THE RIGHT-HAND SIDE IS WALMART STANDARD CONSTRUCTION EIGHT-FOOT FENCING THEY ARE PROPOSING TO SURROUND THE STORAGE CONTAINERS ON THE SITE. CURRENTLY, THE PD DOES NOT ALLOW FOR ANY OUTSIDE STORAGE ON THE SITE.
IF SO, IT MUST BE APPROVED BY PLANNING & ZONING COMMISSION AND CITY COUNCIL. THE APPLICANT IS ASKING FOR PD AMENDMENT, THE APPLICANT WILL MEET ALL THE REQUIREMENTS OF ORDINANCE 2021-77 WITH THE EXCEPTION OF SECTION 1C9 WHICH STATES THAT STORAGE CONTAINERS WILL BE ALLOWED FOR 90-DAY PERIOD WITH AN ADDITIONAL 30 DAYS ALLOWED AT THE APPROVAL OF CITY COUNCIL IF VOTED TO BE APPROVED BY CITY COUNCIL.
THE APPLICANT'S REQUEST IS A FOUR-MONTH PERIOD REQUEST.
AT THE EARLIEST, SEPTEMBER 14, JANUARY 1ST, 109 DAYS.
STAFF BELIEVES THAT THE REQUEST IS STILL CONSISTENT WITH THE INTENT OF ORDINANCE 2021-77. AT THE AUGUST 16 PLANNING & ZONING COMMISSION MEETING, AGAIN, PLANNING & ZONING COMMISSION VOTED 6-0 TO APPROVE THE APPLICANT'S REQUEST AS PRESENTED BY STAFF. ALL STORAGE CONTAINERS MUST MIGHT THE REQUIREMENTS OF SECTION 1C OF ORDINANCE 2021-77 WITH THE EXCEPTIONS OF SECTION 1C9, 90-DAY PERIOD THAT WE SPOKE ABOUT. STORAGE CONTAINERS ARE ALLOWED ON THE SITE NO EARLIER THAN SEPTEMBER 1ST.
NO LATER THAN JANUARY 1ST. OBVIOUSLY IF THE CASE IS APPROVED, IT WOULD BE SEPTEMBER 14TH.
ALL PROVISIONS AND REGULATIONS APPROVED IN ACCORDANCE WITH
[00:35:05]
ORDINANCE 2005-43 ARE REQUIRED TO BE ADHERED TO.THAT'S IN RELATION TO EVERYTHING FROM AESTHETICS RELATING TO LANDSCAPING, FENCING. THESE NEXT FEW SLIDES WE DO WANT TO NOTE, HERE ARE A FEW PICTURES FROM THE SITE WHERE THE TREES SHOULD BE IN THE ISLAND, WHERE TREES SHOULD BE -- ANOTHER TREE SHOULD BE PLACED HERE. SO DIFFERENT THINGS LIKE THAT, WE MAKE SURE THAT IS UPGRADED ON THE SITE.
THAT'S WHAT WE ARE REFERENCING THERE IN THE LAST COMMENT.
THAT CONCLUDES STAFF'S PRESENTATION FOR THIS CASE.
>> DID THEY SEND A REPRESENTATIVE.
>> A REPRESENTATIVE IS HERE FOR WALMART, YES, SIR.
>> YOU SAID THEY RECEIVED TWO VIOLATIONS, CODE VIOLATIONS 2021 AND ONE THIS YEAR. WHAT DOES THAT CONSIST OF?
>> SO THEY HAD ILLEGAL -- THEY WEREN'T APPROVED.
>> I'M SORRY. I DIDN'T PHRASE MY QUESTION RIGHT. IS THAT A MONETARY FINE? WHAT KIND OF VIOLATION -- WHAT ARE THE CONSEQUENCES OF THOSE
VIOLATIONS? >> SO USUALLY BEFORE WE FINE ANYBODY, WE ROUGHLY GIVE TWO TO THREE WARNINGS, IF YOU WILL, LETTERS OF WARNINGS. BY THAT POINT, THEN WE KICK IN THE FINES. THEY DIDN'T GET TO A FINE.
WE LET THEM KNOW, HEY, YOU WEREN'T APPROVED FOR STORAGE CONTAINERS. PLEASE REMOVE.
THEY REMOVED WITHIN A WEEK, SOONER THAN THAT.
>> THAT'S ONE OF 2021, ONE THIS YEAR.
AND YOU ARE ALSO SAYING BY THE PICTURES THAT THEY ARE NOT -- THEY ARE OUT OF VIOLATING ORDINANCE WITH THE TREES THAT AREN'T THERE. I CAME ON IN NOVEMBER OF 2020, THAT WAS AN ONGOING ISSUE BEFORE I CAME ON TO COUNCIL.
IT APPEARS THAT THEY ARE NOT TAKING CARE OF THESE ISSUES.
I WOULD ENCOURAGE STAFF TO STOP GIVING WARNINGS AT THIS POINT.
THIS IS HOW MANY YEARS NOW THIS HAS BEEN GOING ON.
VERBAL WARNINGS AREN'T WORKING. A THE SOME POINT THEY NEED TO FACE THE SAME CONSEQUENCES EVERYBODY ELSE WORE.
>> I UNDERSTAND. >> THE PURPOSE OF THE STORAGE CONTAINERS, HOLIDAY SALES OR CONSTRUCTION PROJECT.
>> SORRY, I DIDN'T CLEAR FIE. PRIMARY REASON, HALLOWEEN, CHRISTMAS, THANKSGIVING. THEY NEED ADDITIONAL STORAGE SPACE DUE TO THE CONTRIBUTE BUILDING SIZE NOW.
THEY DON'T HAVE ENOUGH SPACE. I CAN LET THE APPLICANT SPEAK MORE TO THAT. THAT'S THE PRIMARY REASON
NEEDING MORE STORAGE SPACE. >> LIKELY WILL BE A YEARLY THING. WOULD THEY HAVE TO COME BACK TO COUNCIL ON A YEARLY BASIS. DOES THIS APPROVE GOING FORWARD?
>> SO IN THE PD RIGHT NOW, WE ARE STATING THAT IT ENDS, CUTS OFF JANUARY 1ST, 2023. THE REASONING FOR THAT IS THAT WE, AGAIN, DUE TO THE HISTORY ON THE SITE, WE DIDN'T WANT TO -- WE DIDN'T FEEL COMFORTABLE APPROVING A BLANKET APPROVAL TO ALLOW THE APPLICANT TO HAVE STORAGE CONTAINERS ON THE SITE.
>> SO THEY WOULD HAVE TO COME BACK NEXT YEAR.
>> YES, SIR. THEIR INTENT IS TO EXPAND THE BUILDING. I WILL LET THE APPLICANT SPEAK TO THAT. IF AT THIS POINT NEXT YEAR THEY STILL DON'T HAVE THAT, THEY WILL BE REQUIRED TO COME BACK AGAIN NEXT YEAR TO YOU GUYS AND GET APPROVAL.
>> I WAS GOING TO ASK THE MAYOR IF WE CAN HAVE THE APPLICANT SPEAK AND GO BACK TO COLBY FOR QUESTIONS.
>> GOOD AFTERNOON, CHRISTINA MOREZ, THE STORE LEAD FOR WALMART. I'M THE REPRESENTATIVE FOR WALMART. STORE MANAGER, AS WELL.
THE REASONING FOR LAST YEAR'S VIOLATIONS WAS THE FACT THAT THE TRAILER COMPANY -- WE HAD GOTTEN APPROVED FOR THE 20 TRAILERS.
BUT THE TRAILER COMPANY AT THE TIME DID NOT HAVE 40-FOOT TRAILERS, SO THEY SENT US 40 TWENTY-FOOT TRAILERS WHICH TOOK BASICALLY THE SAME AMOUNT OF SPACE THAT A 40-FOOT TRAILER WOULD TAKE. SO THAT WAS A VIOLATION, WE HAD 20 MORE TRAILERS THAN WHAT HAD ORIGINALLY BEEN APPROVED.
ONCE THAT WAS BROUGHT TO OUR YOU A TENSION, WE DID REACH OUT TO THE TRAILER COMPANY TO PICK UP THE 20 TRAILERS THAT WE WEREN'T APPROVED FOR. IT DID TAKE THEM A LITTLE BIT LONGER TO COME AND PICK UP THE TRAILERS SO THAT BECAME THE OTHER VIOLATION. IT WAS AFTER JANUARY.
WE CONTINUED TO E-MAIL AND PICK UP TRAILERS THEY DIDN'T PICK UP ON TIME. SO THAT'S WHAT TURNED INTO THE LAST VIOLATION WHICH WAS THE ONE FOR THIS YEAR BUT AT THE BEGINNING OF THE YEAR. PREVIOUSLY SINCE THE STORE HAS BEEN OPEN, EVERY YEAR THEY DO GET STORAGE TRAILERS.
[00:40:01]
THEY DO GET EXTERNAL STORAGE TRAILERS FOR HOLIDAY FREIGHT.AND SO THIS YEAR I CAME ON AS STORE LEAD.
I WANTED TO MAKE SURE I GOT EVERYTHING IN CORRECTLY.
I WENT THROUGH ALL OF THE PREVIOUS APPLICATIONS.
I MADE SURE THAT I RESEARCHED WHAT WE WERE GETTING THE VIOLATIONS FOR OR THE DENIALS FOR.
IN TURN, I WAS ABLE TO GET ALL THE REVISIONS, GET THROUGH OUR HHOME OFFICE PLANNING AND ZONING AS WELL AS THEY WERE ABLE TO GIVE US ALL OF THE REVISIONS THAT WE NEEDED.
LANDSCAPING, LANDSCAPING HAS BEEN TAKEN CARE OF.
IT IS JUST -- THERE'S TIMES WHERE SOME OF THE TREES, THEY DIE, SO IT TAKE THE LANDSCAPING LONGER FOR THEM TO REPLACE THE TREES. SO THAT IS -- THEY HAVE CAME AND ADDED MORE TREES. THEY HAVE ALSO ADDED -- THEY ADDED SOME ROCK ON SOME OF THE LANDSCAPING THAT WE COULDN'T GET FIXED. AND THEY ARE WORKING ON ADDING MORE TREES IN ADDITION TO THE ONES THAT THEY HAD ASKED US TO ADD. ANYTHING THE CITY HAS ASKED US TO PUT INTO PLACE AS FAR AS FIXING LANDSCAPING, THE COMPANY HAS HELPED START WITH THAT, MADE SURE WE TOOK CARE OF THOSE THINGS. BUT RIGHT NOW, THE WAY OUR BUILDING IS, WE HAVE A -- WE ARE LIMITED TO THE SPACE IN OUR BACK ROOM FOR HOLIDAY STORAGE. SO HOME OFFICE IS GOING TO SEND THE MERCHANDISE REGARDLESS IF WE GET THE TRAILERS OR NOT.
IT WILL BE EXTREMELY DIFFICULT TO MANAGE THAT IN OUR BACK ROOMS AND OUR STORES. THIS IS A NEED FOR THE TRAILERS.
IT IS A YEARLY THING. FROM WHAT I UNDERSTAND SINCE THE STORE HAS BEEN OPENED, THEY HAVE HAD EXTERNAL STORAGE EVERY YEAR.
I'M NOT AWARE IF THEY ARE HAVING, OR THAT THEY WERE HAVING TO REAPPLY EVERY YEAR. THIS IS JUST THE FIRST TIME THAT I CAME ON THAT I WAS AWARE THAT WE HAVE TO REAPPLY AND DO THE SAME APPLICATION YEARLY. BUT I HAVE REACHED OUT TO THE TRAILER STORAGE COMPANY THAT WE ARE GOING TO RENT FROM.
THEY GUARANTY THAT THEY CAN BRING THEM ON THE TIME THAT WE ASK AND THEY WILL PICK THEM UP ON THE TIME WE ASK.
THEY HAVE 20 FOR 20 40-FOOT TRA. BUT AS FAR AS US HAVING THE TROUBLE THAT WE HAD LAST YEAR, I DON'T FORESEE US HAVING THAT
TROUBLE. >> I HAVE A QUESTION.
THE CONTAINERS THAT ARE IN YA'LL'S GARDEN AREA, IS THAT THE
SAME? >> NO, THOSE ARE TRAILERS IN THE GARDEN AREA BUT THAT'S NOT EXTERNAL STORAGE.
>> ARE THOSE -- THR THERE ALL T? >> NO, THEY JUST GOT THERE.
HOME OFFICE CONSIDERS THAT NOT EXTERNAL.
THE ONLY EXTERNAL STORAGE WE NEED IS THE 40-FOOT ONES THAT ARE OUTSIDE ON THE PARKING AREA. SO THE STORE IS GOING TO BE GOING THROUGH A REMODEL NEXT YEAR.
THAT WAS SOMETHING THEY TRIED TO ASK FOR THIS YEAR AND THEY GOT DENIED FOR THE TRAILERS. THEY HELD OFF THE REMODEL BECAUSE THEY DIDN'T APPLY ON TIME.
SO THE STORE HAS NOT BEEN REMODELED SINCE IT HAS BEEN OPENED. I BELIEVE IT WAS OPENED IN 2007 OR 2017, I DON'T REMEMBER. BUT THEY DID GET DENIED FOR THE STORAGE JUST BECAUSE THEY DIDN'T APPLY ON TIME.
I THINK THERE WAS A MIXUP HAVE THE APPLICATIONS.
SO THEY HELD OFF THEIR REMODEL UNTIL NEXT YEAR AND THEN THEY WILL GO THROUGH THEIR APPLICATION FOR EXTERNAL
STORAGE. >> WHEN YOU ARE SAYING REMODEL NEXT YEAR, THAT WOULD BE EXPANSION?
>> YES, MA'AM. >> COLBY, DID YOU SAY THAT THEY ARE CURRENTLY IN VIOLATION FOR THEIR VEGETATION ON THEIR
PROPERTY? >> YES, SIR, SO THAT LAST COMMENT THAT WE HAD, THAT WE WANT THE APPLICANT TO BE IN COMPLIANCE WITH ORDINANCE 2005-43.
PART OF THAT ORDINANCE REQUIRES APPLICANT TO UPKEEP THE PROPERTY WITH LANDSCAPING, SCREENING, EVERYTHING LIKE THAT.
THOSE IMAGES WERE IN REFERENCE TO LANDSCAPE PORTION.
>> SO IT IS CURRENTLY THEY ARE OUT OF --
>> TECHNICALLY, YES, SIR. >> THANK YOU.
I JUST WANT TO REMIND CITY COUNCIL.
I HAVE BEEN HERE SINCE NOVEMBER OF 2020.
I DON'T THINK THAT WALMART HAS BEEN IN COMPLIANCE THE ENTIRE TIME. THE BACK OF THAT WALMART, AFTER SPEAKING TO ONE OF THEIR FORMER STORE MANAGERS, THAT USED TO BE THEIR STORAGE FACILITY LOCATION, THE BACK OF THE STORE.
WALMART CHOSE TO MAKE THAT INTO A TRAINING FACILITY IN THE BACK
[00:45:03]
OF THIS LOCATION WHICH TOOK UP THE LION'S SHARE OF THEIR STORAGE. THUS MAKING THEM NEED TO HAVE OUTSIDE STORAGE. THEY ALSO CHANGED THE WAY THEY BROUGHT IN SUPPLIES ON THE OTHER SIDE OF THE BUILDING WHICH ADDITIONALLY TOOK UP MUCH-NEEDED STORAGE SUPPLY THAT THEY HAD.AND I'M NOT SURE IF I AM GOING TO GET THE WORDING RIGHT, BUT HELP ME OUT, CLYDE, ANYTHING THAT IS NOT UNDER ROOF, THEY ARE NOT TAXED ON? IF THEY HAVE STUFF IN THE STORAGE FACILITIES, THEY ARE NOT TAXED ON IT, RIGHT?
>>> JANUARY 1, ANYTHING ON SITE THEY SHOULD BE TAXED ON IT.
>> ONLY IF IT IS UNDER ROOF. IF IT IS IN STORAGE CONTAINERS,
IT DOESN'T COUNT, RIGHT? >> I'M NOT AWARE OF THAT RULE.
I DON'T THINK THAT IS THE CASE, BUT I AM NOT AWARE OF THAT RULE.
>> I WAS GOING TO CLOSE THE PUBLIC HEARING.
>> I HAD A QUESTION FOR COLBY OR WHOEVER.
SO -- OR WHOEVER. WHEN SHE WAS REFERRING TO THE 20 VERSUS THE 40 TRAILERS THAT WERE PREVIOUSLY BEHIND THE CITATION, DID THEY ORIGINALLY HAVE THE GO-AHEAD TO HAVE TRAILERS ON SITE THEN ZM THEY HAD APPROVAL FOR THE TRAILERS.
THE LENGTH OF THE TRAILERS WERE INCORRECT.
THAT'S WHAT THEY GOT THE CITATION FOR, WE DIDN'T APPROVE THAT LENGTH AMOUNT FOR THOSE TRAILERS.
THAT'S WHERE THEY GOT THE VIOLATION.
THEY GOT THE VIOLATION FOR THAT. >> MAKE A MOTION TO WE CAN CLOSE
PUBLIC HEARING. >> MOVE TO CLOSE THE PUBLIC
>> CALL YOUR SELF A GENERAL MANAGER.
>> STORE LEAD. >> STORE LEAD, OKAY.
I'M GLAD THAT THEY HAVE A NEW ONE.
I'M A LITTLE BIT CONCERNED AND NOT HAPPY THAT IS PERPETUAL ISSUE FOR WALMART NOT TO COMPLY WITH CITY ORDINANCES.
NOT ONLY ARE WE FINDING THEM VIOLATING CITY ORDINANCE, TO THIS DAY AND TIME RIGHT NOW THEY ARE STILL NOT IN COMPLIANCE.
THIS IS AN ONGOING THEME WITH THEM THAT EXISTED BEFORE WE WERE ON THE COUNCIL. THEY ARE NOT BEING A GOOD STEWARD OF THE COMMUNITY. THEY ARE NOT DOING THEIR JOB.
>> HAVE WE EVER FINED THEM FOR ANY OF THE VIOLATIONS, COLBY, DO
YOU KNOW? >> I'M SLOW THIS EVENING, SO I NEED A LITTLE CLARIFICATION. SO LAST YEAR WE APPROVED THEM A TEMPORARY SITUATION FOR THE STORAGE CONTAINERS TO BE ON SITE FOR THE HOLIDAY SEASON. THEY DID THAT BUT THEY DID IT INCORRECTLY. AND THEN THIS YEAR THEY WANT TO DO A COMPLETE PD AMENDMENT SO WHY ARE WE CHANGING THE WAY WE
DO IT THIS YEAR? >> I CAN'T SPEAK WITH REGARDS TO WHAT HAPPENED LAST YEAR. WITH THE PD AMENDMENT, WE THOUGHT IT WOULD BE CLEANER TO HANDLE IT THAT WAY.
WE ALLOWED -- WHEN THE PD IS APPROVED, APPROVED WITH THOSE UNDERLINING DOAN ZONING AND USE. DUE TO THE HISTORY OF THE SITE, WE DIDN'T FEEL COMFORTABLE OUTRIGHT TO ALLOW IT.
THEY NEED TO COME BACK AGAIN SO YOU GUYS CAN REVIEW IT.
>> AGAIN, BUT THAT'S KIND OF WHAT I'M GETTING AFTER.
IF WE WANT THEM TO COME BACK EVERY YEAR, WHY WOULD WE AMEND
THE PD. >> I THINKER ASKING WHAT I WANT TO ASK WHICH IS WHAT'S THE DIFFERENCE BETWEEN THE PD AND
SPECIAL USE PERMIT. >> SO THERE'S A CURRENT PD ON THE PROPERTY. AGAIN, WE THINK -- I WILL TRY TO EXPLAIN IT THIS WAY. WE THINK AMENDING THE PD WOULD BE BETTER AS OPPOSED TO HAVE A PD AND SUP ON THE PROPERTY.
>> BUT I WOULD MAKE THE STATE OF EMERGENCY THAT AMENDING THE PD OVER TIME WILL LEND -- POTENTIALLY LEND TO THE CREEP OF TIME ON GROUND FOR THESE CONTAINERS AS IT AGES AND PEOPLE START TO FORGET, THEY GET USED TO SEEING THE CONTAINERS, YEAR
[00:50:02]
OVER YEAR IT STARTS TO POSSIBLY GROW.A SUP FORCES THEM TO COME IN EVERY YEAR.
IF THEY DON'T COME IN, THEY ARE NOT GETTING CONTAINERS THAT YEAR. I THINK I'M MORE TO JUMP A LITTLE BIT, QUESTIONING -- THE STORE OPENED IN '07.
'05. IT HAS THOUGHT BEEN RENOVATED SINCE OR EXPANDED. I REMEMBER THE LAST PRESENTATION LAST FALL AND THAT MANAGER APOLOGIZED PROFUSELY.
WE ARE FIXING IT. WE ARE GETTING IT IN SHAPE AND THEY TOOK -- LIKE COUNCILMAN HARTSON SAID, THEY TOOK OUR BACK STORAGE AREA FOR TRAINING. WE ARE JUST TRYING TO GET BACK WHAT WE LOST. WHEN ARE WE GOING TO PUT IN A PERMIT AND BRING THE BUILDING UP TO SNUFF AND STOP USING -- THAT'S A LOT OF SHIPPING CONTAINERS.
I CAN JUST KIND OF SEE, YEAH, WALMART WANTS 20 SHIPPING CONTAINERS. BUT, YOU KNOW, WHERE IS THE NEXT ASK? IF THEY GET 20, THAT THE PRECEDENT FOR, YOU KNOW, PD AMENDMENTS LEFT AND RIGHT.
I DON'T THINK THAT'S CLEANER. >> NOT ONLY THAT, THINK ABOUT THIS. HOW MANY YEARS WOULD YOU BE ABLE TO BE IN VIOLATION OF CITY CODE FOR, LET'S SAY, HIGH GRASS IN YOUR YARD AND GET AWAY WITH IT. IT WOULDN'T GO ON BEFORE THE CITY WOULD TAKE ACTION. OUR CITIZENS OUT HERE IN THE AUDIENCE RIGHT NOW, IF THAT'S WHAT HAPPENED TO THEM, IT NEEDS TO HAPPEN TO BUSINESSES, TOO. IT NEEDS TO BE ACROSS THE BOARD.
WE DON'T NEED SPECIAL TREATMENT FOR A HA HABIT YOUAL OF VIOLATEF
CITY ORDINANCES. >> I HAVE A QUESTION ABOUT THE VIOLATIONS. AFTER THEY WERE ADVISED THERE WAS A VIOLATION, HOW LONG BEFORE IT WAS CORRECTED?
>> IN CERCHE REFERENCE TO THE SE CONTAINERS, IT WAS A COUPLE WEEKS. BUT THERE WERE MANY TRAILERS LEFT, AND THAT'S WHEN THE SECOND VIOLATION KICKED IN.
SO SEPTEMBER 20TH, 2021, THAT WAS THE FIRST ONE.
THEY REMOVED MOST OF THEM AT THAT POINT.
AND THEN DUE TO THE LINGERING ONES ON PROPERTY, JANUARY 3RD OF THIS YEAR IS WHEN THEY GOT THAT SECOND VIOLATION.
THEY REMOVED IT NOT TOO LONG AFTER THAT.
>> I'M WITH WALTER, I'M A LITTLE SLOW THIS EVENING.
YOU MIGHT HAVE TO HELP ME OUT. I FEEL LIKE I HAVE A PRETTY GOOD UNDERSTANDING OF PD AND SUP. FOR SOME REASON, I'M A LITTLE CONFUSED HERE. BECAUSE AT LEAST HOW I REMEMBER IT, PD IS WITH THE PROPERTY FOREVER.
THIS ONE HAS A SET EXPIRATION DATE.
WHICH THEN IS WHY I'M CONFUSED. I GO BACK TO THE SUP, WHY WOULDN'T THEY COME EVERY YEAR FOR A SUP.
OR COMING EVERY YEAR WITH PD WITH TIMELINES.
I'M COOL EITHER WAY. I'M TRYING TO UNDERSTAND THE DIFFERENCE OF HOW THEY BOTH OPERATE.
>> I'M WITH YOU. IT IS REALLY AT THE PREFERENCE OF THE COUNCIL. AS STAFF, WE THOUGHT, GRANTED EVEN THOUGH WE ARE SETTING A TIME LIMIT ON THE TIMELINE ON THIS, IF WE WERE TO APPROVE IT TONIGHT, COME BACK FOR ANOTHER PD AMENDMENT. WE THOUGHT THAT WOULD LOOK BETTER OPPOSED TO HAVING A PD AND COMING BACK FOR SUP ON THE PROPERTY. I DON'T THINK ONE WAY OR THE
OTHER. >> I GUESS THE BIGGEST DIFFERENCE IS THE PD LET'S THEM GO 109 DAYS, SOMETHING LIKE T THAT. SU IS GOOD FOR 90 DAYS.
UNLESS I READ IT WRONG. >> YOU ARE RIGHT.
YOU ARE REFERENCING RIGHT HERE. I WAS REGIONS REFERENCING ORDINE 2021-77. LIKE 11 ITEMS LISTED WITH THE EXCEPTION OF ALLOWING IT ON THE SITE FOR 90 DAYS MAXIMUM AND APPLICANT COME BACK FOR COUNCIL FOR ADDITIONAL 30 DAYS EXTENSION APPROVAL. WITH FOUR MONTHS, OBVIOUSLY, THEY ARE EXCEEDING PAST THE 90 DAY REQUIREMENT.
SEPTEMBER 14TH WOULD BE THE EARLIEST IF THEY ARE APPROVED
>> I ALSO FIND IT STRANGE THE INCREASE.
I REMEMBER WHEN THIS CAME THROUGH AND WE GAVE THEM 90.
[00:55:01]
AND WE WANT TO GO UP ANOTHER 30. EVERY TIME A PD AMENDMENTS, I AL LIKE THE CITY LOSES. THE RESIDENTS LOSE.PDS ARE SOLD TO ME, ANYWAY, A WAY TO GET A BETTER, HIGHER QUALITY PRODUCT AND FRANKLY SHIPPING CONTAINERS ARE NOT T THAT. FOR ME, BECAUSE WE ARE PREACHING ABOUT HIGH QUALITY DEVELOPMENTS AND HIGH QUALITY ROADS AND MAKING THINGS BETTER. SO I DON'T SEE A WIN FOR US IN
THIS. >> I DO HAVE A QUESTION FOR THE APPLICANT. IS THE EXTENDED TIME, TYPICALLY YA'LL HAVE ASKED FOR LESS TIME, DUE TO THE REMODEL YOU ARE
DOING. >> WE WON'T NEED THE EXTENSION.
THAT'S IF -- I'M ASSUMING IF THEY JUST AREN'T PICKED UP ON TIME. WE JUST NEED THAT TIME FRAME -- I'M SORRY, PRETTY MUCH EVERY WALMART STORE ANYWHERE WILL HAVE EXTERNAL STORAGE DURING THIS TIME OF YEAR.
THEY DID ADD THAT ADDITIONAL ACADEMY IN THE STORE.
BUT EVEN WITH THE ACADEMY, IF WE DID NOT HAVE THE ACADEMY, WE WOULD STILL BE ASKING FOR EXTERNAL STORAGE.
IT IS NOT JUST THIS STORE ASKING.
EVERY OTHER STORE HAS BEEN ABLE TO GET EXTERNAL STORAGE.
WE ARE THE ONLY ONES THAT GO THROUGH COUNCIL TO GET APPROVAL.
BUT IT IS EVERY YEAR. IT IS ANY WALMART BUILDING, IN ANY CITY. WE WILL ALWAYS HAVE EXTERNAL STORAGE JUST FOR THE HOLIDAYS. WE WON'T NEED MORE THAN JUST THIS TIME. FOR THE MOST PART, WE WILL BE THROUGH ALL OF OUR HOLIDAY FREIGHT BY -- RIGHT AFTER DECEMBER 259. 25TH.THAT'S WHEN WE ARE OUT OF TRAILERS, IN THE BUILDING. WE WON'T NEED THE SPACE.
WE DO IT UNTIL THE 1ST SO WE CAN MAKE SURE WE GET THROUGH EVERYTHING THAT IS IN THE EXTERNAL STORAGE, GET IT INSIDE THE BUILDING. OUR BACK ROOMS, ANY WALMART STORE, THERE'S ABSOLUTELY NO ROOM FOR THE AMOUNT OF FREIGHT
THAT THEY SEND IN. >> SO YOU ARE SAYING YOU CAN PROBABLY BE DONE WITH THEM IN 90 DAYS BUT YOU ARE ASKING FOR MORE
TIME. >> BECAUSE OF THE VIOLATION LAST TIME. THE TRAILER COMPANY NOT PICKING
THEM UP ON TIME. >> SO AFTER YOUR EXPANSION, IF EVERY WALMART ALWAYS ASKS FOR THE STORAGE FOR THE HOLIDAYS, ARE YOU SAYING THAT EVEN AFTER YOUR EXPANSION, YOU WILL STILL
>> I DON'T UNDERSTAND, WHY DON'T YOU BUILD -- THE EXPANSION IS FOR OUR DIGITAL, ONLINE GROCERY. THAT'S THE EXPANSION.
IT IS NOT FOR ADDITIONAL BACK ROOM SPACE.
>> EVEN AFTER THE EXPANSION, YA'LL STILL BE COMING BACK EVERY YEAR AND ASKING FOR STORAGE CONTAINERS.
>> I BELIEVE SO. BECAUSE THAT'S HOW -- I BELIEVE THAT'S HOW IT WAS SET IN PLANS FOR THIS -- THIS STORE SPECIFICALLY. ANY OTHER STORE, OTHER CITY, THEY DON'T HAVE TO GO THROUGH THAT.
THIS STORE SPECIFICALLY WAS SET THAT WAY SO I BELIEVE THAT EVERY YEAR THEY HAVE HAD TO ASK FOR THE PERMISSION OR HAVE THAT EXTRA PERMISSION TO GET THE EXTERNAL STORAGE.
SINCE THE STORE HAS BEEN OPEN, THEY HAVE HAD THE EXTERNAL
STORAGE EVERY YEAR . >> WHEN DID YOU START IN THIS
POSITION? >> I STARTED TWO YEARS AGO BUT AS FAR AS STORE LEAD MANAGER, THIS IS MY FIRST YEAR.
>> YOU ARE JUST COMING INTO SOME HISTORY.
>> YES, MA'AM. I'M TRYING TO GET -- I'M TRYING TO DO THE RESEARCH AND GET UP TO DATE WITH THE HISTORY.
I AM AWARE OF THE VIOLATIONS OF THE LANDSCAPING VIOLATIONS.
LAST YEAR WHEN THEY ASKED FOR THE LANDSCAPING TO BE DONE, IT WAS DONE RIGHT AWAY. WITHIN WEEK OR TWO, IT WAS TAKEN CARE OF. SO THAT GOT APPROVED BECAUSE OF THE LANDSCAPING, BECAUSE IT DID GET TAKEN CARE OF.
THIS IS THE FIRST WE HAVE HEARD WEEMP OUT OF VIOLATION.
WE WERE OUT OF VIOLATION. THE TWO PIECES OF LAND, SUPPOSED TO BE PUTTING ROCK THERE BUT THEN THE CITY ASKED FOR US TO PUT TREES. THE HOME OFFICE IS WORKING ON GETTING THE TREES HERE SO THEY CAN GET THE TREES.
ANY TIME THEY HAVE ASKED, I KNOW THAT THEY HAVE MADE SURE THAT THEY TAKE CARE OF ANY LANDSCAPE ISSUES THAT ARISED.
>> I THINK WITH RESPECT, I THINK YOU ARE SEEING BEAUTIFICATION IS IMPORTANT TO THIS COUNCIL. HAVING A BEAUTIFUL CITY MATTERS,
>> AND THERE ARE A LOT OF ISSUES OUT THERE.
THERE'S FENCES BROKEN DOWN, TREES THAT ARE FALLING OVER.
IT IS -- I THINK IF IT WERE HIGHLY MAINTAINED, NO ISSUES,
[01:00:01]
THERE MIGHT BE A LITTLE MORE LENIENCY, GIVE AND TAKE FOR THECOMMUNITY, SO TO SPEAK. >> I WOULD SAY THAT I THINK THERE IS ONE WIN AND THAT IS IT BEHOOVES THE CITY TO MOVE AS MUCH PRODUCT THROUGH THAT WALMART AS POSSIBLE FOR SALES TAX PURPOSES. I'M ONLY SUGGESTING THERE IS A WIN IN THEM MOVING A LOT OF HOLIDAY PRODUCT THROUGH THE
THE HOLIDAY FREIGHT, IT IS PREBOUGHT, PURCHASED YEARS BEFORE, LIKE THIS YEAR. SO IT HAS BEEN BOUGHT TWO YEARS PRIOR. SO IT IS NOT SOMETHING THAT'S GOING TO STOP. LIKE IF IT COMES, IT IS GOING TO COME. WE DON'T HAVE THE POWER TO STOP THAT. THAT'S ALL DONE THROUGH HOME OFFICE. THE THING IS THAT WHAT'S GOING TO HAPPEN IS WE WON'T BE ABLE TO HOUSE IT IN OUR BACK ROOM, WHICH, IN TURN, IT IS GOING TO FILL UP THE BACK ROOM.
CREATE A LOT OF VIOLATIONS INSIDE THE BUILDING WITH FIRE MARSHAL. WHAT IT IS GOING TO DO, WE WILL BE REALLY, REALLY CONSTRICTED WITH SPACING JUST TO HOUSE IT.
WE WON'T HAVE THE SPACE ON THE COUNTERS UNTIL IT STARTS TO
SELL, WE START TO BRING IT OUT. >> GUEST: I HEAR WHAT YOU ARE SAYING ON THAT. I GUESS I'M A LITTLE STUMPED WITH THE IDEA OF DESIGNING BUILDINGS WITH -- AGAIN, ALWAYS HAVE TO COUNT ON BRINGING IN STORAGE CONTAINERS AT CHRISTMAS
>> IT JUST DOESN'T SEEM LIKE A GREAT LONG-TERM PLAN.
NOW HEARING THAT THE EXPANSION IS NOT GOING TO HELP THIS SITUATION, WE WILL BE DOING THIS YEAR AFTER YEAR.
I STRUGGLE WITH THAT. >> AND THEY SEND MERCHANDISE BASED ON SALES. THING IS, THIS STORE IS ONE OF THE HIGH SELLING IN OUR MARKET. SO BASED ON JUST SALES ALONE, THE HOME OFFICE, THAT'S HOW THEY BUY OUR PRDZ.
SO THEY ARE BUYING IT JUST BASED ON WHAT WE ARE SELLING PLUS A 10% INCREASE. NOT ONLY ARE THEY SENDING WHAT WE MADE LAST YEAR, ALSO SENDING 10% INCREASE ON THAT.
AS FAR AS EXPANSION, THAT'S SOMETHING WE HAVE BROUGHT UP TO THE HOME OFFICE. SOMETHING THAT IS IN THE WORKS.
BUT IT IS NOT SOMETHING THAT THEY ARE GOING TO DO WITH THE JANUARY REMODEL. ONLY EXPANSION THAT THEY HAVE PLANS IN PLACE FOR IS IN JUNE. THAT'S GOING TO BE FOR OUR DIGITAL BUSINESS. SO WE NEED THE EXPANSION FOR THAT RIGHT NOW. AS FAR AS BACK ROOM SPACING, SOMETHING IN THE WORKS BUT NOT IN JANUARY'S PLANS.
>> WHAT HAPPENS IF ONE OF OUR OTHER -- LIKE THE HILLWOOD DISTRIBUTION CENTER DECIDES ALL THE SUDDEN THAT THEY NEED TO MOVE MORE PRODUCT THROUGH THE HOLIDAY SEASON AND THEN THEY HAVE 375 ACRES INSTEAD OF 27 ACRES AND INSTEAD OF 20 SHIPPING CONTAINERS, THEY ASK FOR 200 SHIPPING CONTAINERS.
IT ALL SCALES PROPERLY BUT WHAT'S STOPPING THE NEXT APPLICANT FROM DOING THE EXACT SAME THING.
THEY WILL SIT HERE AND ASK EVERY SINGLE MEETING UNTIL WE TELL THEM YES. PUT US UP IN A HELICOPTER TO SHOW US WHERE WE CAN PUT THEM AND ALL SORTS OF THINGS.
>> I DON'T MEAN TO BE RUDE BUT, THIS IS KIND OF A WORST CASE QUESTION, YOU MAY WANT TO MODIFY YOUR COMMENTS.
AT SOME POINT I WOULD EXPECT CORPORATE TO HAVE TO LISTEN.
>> CLARK. >> WELL, I DON'T REALLY HAVE ANY COMMENTS FOR YOU. I DON'T EXPECT YOU TO MOVE CORPORATE. I UNDERSTAND.
THIS IS A CORPORATE ISSUE. THIS IS NOT YOU.
I HEAR WHAT YOU ARE SAYING. I ALSO UNDERSTAND THE PAST VIOLATIONS. THERE ARE SOME RELEVANCY TO THEM. THEY DON'T HAVE TO DO WITH ACTUAL ZONING. TO ME, I WANT TO MAKE VERY CLEAR THAT WE ARE NOT HAPPY WITH THE VIOLATIONS AND THEY NEED TO BE TAKEN CARE OF. BUT I DON'T SEE AN ISSUE WITH DOING THE STORAGE CONTAINERS ON A 90-DAY SPECIAL USE PERMIT OR IN THE PD WITH EXPIRING AT 90 DAYS FROM WHATEVER DAY YOU
WANTED TO START. >> I DON'T MEAN TO CUT YOU OFF BUT I THOUGHT OF SOMETHING. THROUGH A SUP, A SUP IS CONDITIONAL. WE DON'T HAVE TO APPROVE IT.
SO JOE, CORRECT ME IF I AM WRONG, BUT THERE'S NOTHING THAT SAYS WE HAVE TO APPROVE A SUP, IS THAT RIGHT?
>> WELL, IF A SUP WAS BEFORE YOU, IT IS ALSO A ZONING CASE.
[01:05:02]
IT IS THE SAME. THERE'S TWO WAYS TO DO THIS.PD AMENDMENT. >> WHAT I AM SAYING, IF YOU HAVE AN APPLICANT THAT IS CONTINUALLY IN VIOLATION AND THEY HAVE TO GO THROUGH A SUP PROCESS IN WHICH WE CAN REVIEW THEIR PERFORMANCE IN COMPLIANCE OF THEIR ZONING AND PD REQUIREMENTS, THEN WE ARE NOT FORCED TO GRANT THEM A SUP BECAUSE WE MAY SEE IT AS
ADDITIONAL SOURCE OF VIOLATIONS. >> SUP IS A ZONING CHANGE BECAUSE YOUR CODE ALLOWS YOU TO GIVE THEM A SUP.
I'M ASSUMING THE CODE ALLOWS, WE DID PAST SUP FOR STORAGE CONTAINERS. NORMALLY SUP RUN WITH THE PROPERTY UNLESS WE PUT A CONDITION ON IT.
ALL RIGHT? SO IF CONDITION EXPIRES, THE SUP EXPIRE. A SUP WOULD NOT COME BACK BEFORE YOU UNLESS THERE WAS SOMETHING WRITTEN IN THE SUP TO BRING IT
BACK BEFORE YOU. >> THE WAY THEY DID IT, THEY HAD
TO COME BACK EVERY YEAR. >> I'M NOT SURE WHAT THE LANGUAGE WAS. SO THEY HAVE DONE -- THEY HAVE JUST EMBEDDED A SUP INTO THE PLANNED DEVELOPMENT ORDINANCE.
WE DO IT ALL THE TIME. SO IT IS SAME THING.
THIS ONCE JANUARY 1ST COMES, THAT WILL NO LONGER BE IN THE PD
ORDINANCE, THEY COME BACK AGAIN. >> SO IT DOESN'T RUN WITH THE PROPERTY. WE WILL BE DOING THIS EVERY
>> UNTIL THEY MAKE THE BUILDING BIGGER, MANAGE THEIR STORAGE
BETTER. >> IN THE ORDINANCE, THE FENCING REQUIREMENT, IS IT IN THE ORIGINAL PD ORDINANCE? IT DOESN'T HAVE TO BE RESTATED IN THIS UPDATED.
>> IT IS IN THIS -- IT IS STATED IN THIS ORDINANCE SPECIFICALLY.
>> THE ORIGINAL ONE. >> THE ONE IN FRONT OF YOU,
>> IT SHOULD BE IN THERE. . >> ARE WE RESTATING THE ORIGINAL IN ORDER NANS. ORDINANCE.
>> WE ARE REN REFERENCING BACK O THE ORIGINAL ORDINANCE.
IT IS STATED BUT REFERENCING BACK.
>> I'M READY TO MAKE A MOTION IF YOU WILL ENTERTAIN IT.
>> THE REASON TO MOVE THE TRAILERS, IF MEMORY SERVES ME CORRECT, WAS DUE TO THE LACK OF TRUCKS IN GENERAL.
IT WASN'T JUST A WALMART SITUATION.
IT WAS A BROAD LACK OF AVAILABILITY.
THAT'S MY -- YEAH, SHE SAID THAT.
BUT IT WAS IN BROADER, WASN'T JUST LOCAL TO WALMART.
IF SOMEBODY WANTS TO MAKE A MOTION.
>> HOW DO PLANNING & ZONING GO ON THIS?
>> THEY VOTED 6-0 APPROVAL. VOTED FOR APPROVAL.
I GUESS I WOULD CLARIFY, WE WERE INFORMED WRONG AS WELL.
WE WERE UNDER THE IMPRESSION -- NOT WITH HER, BUT ANOTHER REPRESENTATIVE, I FORGET THE GUY THAT CAME TO P&Z.
WE WERE UNDER THE IMPRESSION THAT THE BUILDING EXPANSION WAS
TO HELP WITH THE STORAGE. >> IT PASSED 6-0.
>> MOTION? >> I MOVE TO DENY THE PD
AMENDMENT AS PRESENTED. >> SECOND.
>> WE HAVE A MOTION TO DENY AS PRESENTED.
THE MOTION FAILS 4-3. >> IS THERE ANOTHER MOTION TO
APPROVE. >> DO WE HAVE A SECOND MOTION.
>> I WOULD MAKE A MOTION TO APPROVE THE PD AMENDMENT BUT I WOULD LIKE TO LOWER THE DAYS TO 90.
SO AMENDMENT TO INCLUDING THE STAFF'S RECOMMENDATIONS.
>> INCLUDING STAFF RECOMMENDATION.
>> I ONLY HAVE ONE QUESTION OF THAT.
WHO MAKES SURE THEY ARE ADHERING TO THEIR PD?
>> IF YA'LL APPROVE THE BUDGET AND TAX RATE, OUR NEW EMPLOYEE.
>> EXISTING PD, IN GENERAL? >> IF THEY ARE IN VIOLATION OF
THE PD. >> THAT'S GOING TO BE A CODE ISSUE, STAFF ISSUE WE HAVE TO ENFORCE.
>> NO CONSEQUENCES FOR THE VIOLATIONS.
THERE HAVEN'T BEEN SO FAR. >> BUT $2,000 A DAY FOR THE
VIOLATION. >> WE HAVE NEVER CHARGED THEM A
DOLLAR. >> WE HAVE A MOTION ON THE FLOOR. CLARIFY THAT MOTION.
>> I WANT TO APPROVE WITH STAFF RECOMMENDATIONS AS PRESENTED EXCEPT FOR THE TIME ALLOTTED TO CHANGE FROM 109 TO 90.
[01:10:03]
>> FROM TODAY, TIME OF APPROVAL. >> NO, THERE'S A WINDOW.
109 DAYS IS SEPTEMBER 14TH TO JANUARY 1ST:SO WHEN WOULD THE 90
DAYS ABOUT. >> SEPTEMBER 14 TO
DECEMBER 13TH. >> TO THROW A WRENCH.
YOU COULD MAKE IT END ON JANUART START UNTIL OCTOBER 1ST.
DEPENDS ON WHICH SIDE. DO YOU WANT TO START TOMORROW OR
START 14, 15 DAYS FROM NOW. >> THEY ARE SEARCHING FOR THE
DECEMBER 25TH. >> BACK TO THE WAY I SHOULD HAVE ASKED THE QUESTION. DO YOU WANT IT TO END THE 90
DAYS ON JANUARY 1ST? >> SO THE QUESTION WAS, WHETHER OR NOT YOU CAN MAKE IT AN AUTOMATIC TRIGGER THAT IT IS AN AUTOMATIC FINE. THAT'S A CRIMINAL VIOLATION.
THERE'S A PROCESS THEY HAVE TO GO THROUGH FOR THE CRIMINAL VIOLATION. IT GOES THROUGH MUNICIPAL COURT.
YOU AS COUNCIL DON'T HAVE THE PURVIEW TO ADD A MECHANISM TO TRIG THEAR. TRIGGER THAT.
>> I'M LOOKING TO HELP YOU BY GIVING YOU 90 DAYS.
WHAT DAY WOULD YOU LIKE THE 90 DAYS TO START.
>> OCTOBER 1ST. >> OCTOBER 1ST TAKES YOU TO DECEMBER 31ST. IF I DO MY MATH CORRECTLY.
>> THAT WOULD BE FINE. >> GETS THEM THROUGH THE HOLIDAY
>> SO MOTION. >> I NEED TO RESTATE THE MOTION
FOR ME. >> I MOVE TO APPROVE WITH STAFF RECOMMENDATIONS AS PRESENTED OTHER THAN THE DAYS ALLOTTED CHANGE TO 90 DAYS BEGINNING OCTOBER 1ST, 2022.
>> SECOND. >> WE HAVE A MOTION AND SECOND TO AS PRESENTED EXCEPT WITH THE 90 DAYS.
[2022-400]
REGULAR AGENDA ITEM 2022-400, REVIEW, DISCUSS AND TAKE ACTION ON THE DISPOSITION OF REAL PROPERTY ACQUIRED BY THE CITY AS PART OF THE SOUTH WALNUT GROVE ROAD ROADWAY CAPITAL IMPROVEMENT PROJECT. SAID PROPERTY IS LOCATED AT 882 SOUTH WALNUT GROVE ROAD. ADAM.>> MAYOR, COUNCIL. TAKE IS MIKE'S BIRTHDAY, I'M TRYING TO COVER FOR HIM. I HOPE I RELAY HIS COMMENTS AND CONCERNS FAIR ENOUGH, CLEAR ENOUGH FOR YA'LL.
WHAT I WILL DO IS BE VERY DILIGENT ON WHAT HE WROTE DOWN.
WE MAKE DECISIONS FROM THERE. SO BASED ON THIS AGENDA, AUGUST 24TH, THE CITY COUNCIL PIT RESOLUTION AUTHORIZING AN AGREEMENT TO PURCHASE INTEREST IN REAL PROPERTY RELATE THE TO THE SOUTH WALNUT GROVE ROAD ROADWAY PROJECT.
THE PAYMENT OF CLOSING COSTS. RESOLUTION 2021-48.
BASED ON THIS, THE CITY ENTERED INTO A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF THE HOUSE ON 882 SOUTH WALNUT GROVE ROAD. AS WELL AS ACQUISITION OF THE RIGHT-OF-WAY AND EASEMENT NEEDED FOR THE PROJECT.
FOR SPECIAL CONSIDERATION, AS OF AUGUST 15TH, 2022, THE HOUSE HAD BEEN VACATED. THE STAFF SEEKING COUNCIL DIRECTION ON DISPOSITION OF THIS STRUCTURE.
STAFF ANTICIPATES BEING READY TO BID THE SOUTH WALNUT GROVE PROJECT THIS MONTH. HOWEVER, COUNCIL'S DECISION ON THIS DISPOSITION OF THE HOUSE MAY IMPACT THE SCHEDULE.
SO THERE'S A PROPOSAL HERE ALTERNATIVES, I WILL GO OVER THIS ONE BY ONE. THE OVERALL STRUCTURE IS SURPRISED OF ORIGINAL HOUSE. PIER AND BEAM CONSTRUCTION.
IN ADDITION, AND IN ADDITION, A SLAB ON GRADE CONSTRUCTION.
AS A RESULT THERE ARE A NUMBER OF ALTERNATIVES AVAILABLE TO THE CITY REGARDING THE OVERALL DISPOSITION OF THIS HOUSE.
NO. 1, DEMOLITION AND DISPOSAL OF THE HOUSE.
HOWEVER IT, WILL REQUIRE ENVIRONMENTAL ASSESS MANY FOR AR ABATEMENT MEASURES FOR ASBESTOS. AUCTIONING OF THE HOUSE WITH SPECIFIC TIME TO BE REMOVED. NO. 3, AUCTIONING PART OF THE HOUSE THAT CAN BE RELOCATED, PEER AND BEAM.
THE DEMOLITION AND REMOVAL OF THE REMAINING STRUCTURE, SEE ITEM ONE ABOVE. NO. 4, AUCTION THE PORTION OF THE HOUSE THAT CAN BE RELOCATED WITH A SEPARATE SALE OF THE
[01:15:02]
REMAINING STRUCTURE TO THE CURRENT PROPERTY OWNER.THIS STRUCTURE WOULD STAY ON THE PROPERTY AT ITS CURRENT LOCATION WHICH IS APPROXIMATELY 20 TO 30 FEET FROM THE RIGHT-OF-WAY LIMITS. STAFF IS SEEKING CITY COUNCIL ACTION ON THIS ITEM. THERE ARE SOME ATTACHMENTS TO MIKE'S PACKET. THE ACTUAL RESOLUTION, 2021-48.
ALSO, THERE ARE SOME DOCUMENTS FROM THE REAL ESTATE EVALUATION, PHOTOS OF IT. ALSO, YOU WILL SEE A PORTION OF THE DESIGN OF THE RIGHT-OF-WAY ACQUISITION AND HOW IT IMPACTS THE HOUSE OR HOUSE IMPACT THE RIGHT-OF-WAY.
I DON'T KNOW IF I MISSED ANYTHING ELSE.
I THINK THAT'S IT. >> CAN YOU FLIP TO THE SLIDE THAT HAS THE MAP. I HAVE A QUESTION ABOUT THE REAL ESTATE UNDER THE HOUSE, I GUESS. IT IS IN OUR PACKET.
>> THIS ONE HERE? >> I'M TRYING TO FIGURE OUT, DID WE BUY JUST THE RIGHT-OF-WAY WE NEEDED AND HAD TO BUY THE HOUSE.
OR DID WE BUY THE LOT, TOO? >> WE JUST BOUGHT THE RIGHT-OF-WAY AND WE HAD TO PAY FOR THE HOUSE.
>> SO EVERYTHING UNDERNEATH THE HOUSE ISN'T REALLY OURS.
OKAY. >> TELL HIM HAPPY BIRTHDAY.
>> WILL DO. KNOWING HIM, HE IS PROBABLY WATCHING. SO HAPPY BIRTHDAY, MIKE.
>> WHAT'S THE FASTEST ROUTE OPTION.
>> OPTION 2. >> OPTION 2 IS AUCTIONING ENTIRE HOUSE WITH SPECIFIC TIME SCHEDULED FOR THE STRUCTURE TO
BE REMOVED. >> I GUESS, HOW IS THAT A FASTER RESPONSE IF IT DOESN'T SELL OR WHEN IT DOES SELL, THEN WE HAVE TO WORK WITH THEM ON GETTING IT MOVED OUT?
>> AS LONG AS THEY MEET THE TIME REQUIREMENT.
>> TAKES 30 DAYS TO SELL OR AUCTION, 60 DAYS TO REMOVE.
90 DAYS TOTAL. >> THEN WE WILL BULLDOZE IT.
>> WITH THE UNDERSTANDING OF THE DEMOLITION REQUIREMENTS.
>> BUT THAT DOESN'T GET US OUT OF THE REMEDIATION AND STUDY AND
REMEDIATION REQUIREMENTS. >> IT DOES.
I THINK YOU TIE ALL OF THAT INTO AUCTION.
BUYER BEWARE. >> IF THEY BUY THE HOUSE AND THEN THEY DON'T REMOVE IT IN TIME.
>> THAT'S CORRECT. >> I DON'T SEE THAT AS A WINNING OPTION. BULLDOZE IT.
>> WE DON'T SELL IT AND THEN WE GO BACK AND STILL HAVE TO DO THE
STUDIES TO BULLDOZE. >> YEP, THAT'S RIGHT.
>> IT DOESN'T HELP US IN MY OPINION.
I IMAGINE THE PROFITING THAT WE WILL MAKE OFF THIS HOUSE IS MINIMAL AT BEST. SO IF ANYTHING AT ALL.
SO I DON'T SEE WHY WE WOULD WANT TO GO THROUGH THAT WHOLE PROCESS AND THEN POTENTIALLY BE STUCK WITH OPTION ONE IN THE END.
>> WE HEARD THE TIMELINE FOR OPTION TWO.
POTENTIAL TIMELINE. WHAT'S THE POTENTIAL TIMELINE FOR OPTION 1. HOW LONG DOES IT TAKE TO GET THE
STUDIES DONE. >> TO GET AN ASBESTOS ABATEMENT STUDY, COULD GET THAT GOING PRETTY QUICK.
WE WERE REALLY LUCKY, SPEAKING RECENT, WE GOT IT THROUGH PRETTY QUICK. ABATEMENT AND REMEDIATION IF THERE IS ANY ASBESTOS ON SITE OR HAZARDOUS MATERIALS, THAT COULD HAPPEN QUICK AS WELL. I DON'T WANT TO GIVE YOU DATES AND TIMES. WE COULD TURN THIS AROUND PRETTY QUICK. THE DEMOLITION.
>> GOOD EXPERIENCE NOW WITH DEMO WORK.
>> OH, YEAH, YEAH. ALL THREE THINGS, I HAVE WORKED
IT IN THE PAST, YES, SIR. >> PERSONALLY, I'M NOT A FAN OF OPTION 4, DISTANCE IT IS FROM THE ROADWAY SCARES ME A LITTLE BIT TO POTENTIALLY HAVE THEM INHABIT THAT.
SO I WOULD BE ALL FOR REMOVING THAT OPTION.
>> WE ARE STILL DEALING WITH SERVICING THE WATER MAIN.
>> MY FOLLOW-UP QUESTION, IF WE BULLDOZE THE HOUSE TOMORROW, CAN
WE START BUILDING THE ROAD? >> READY TO GO OUT TO BID.
LITTLE GRADING ISSUE. EASILY 30 DAYS.
30 DAYS FOR A FENCE TO COME IN. >> I WILL NOT HOLD YOU TO HARD DEADLINE. FOR THE BIDS TO COME IN, FINISH EVERYTHING WE ARE DOING, YOU CAN START TURNING DIRT FIRST OF YEAR. WHICH IS 90 DAYS.
SO 114 DAYS. >> THERE'S SOME AGGRESSIVE --
[01:20:05]
THIS IS A SIZABLE PROJECT. A LOT OF THINGS THAT ARE POSITIVES BUT WATER, SEWER, ROADS.>> FOR CLARITY SAKE, THIS IS NOT GOING TO SLOW DOWN THE
CONSTRUCTION. >> IT DEPENDS ON -- IT IS GOING TO SLOW DOWN WATER AND RELEASING THE FRANCHISES ON THE SITE.
>> I DON'T ANY OF THAT -- I DON'T THINK WE CAN TURN DIRT IN
90 DAYS. >> RELEASE UTILITIES FIRST.
NOT JUST SPEAKING ABOUT THE ROAD.
TALKING ABOUT, WE WILL HAVE TO DO THE UTILITIES AND PREP.
PROJECT WOULD START BUT YOU WOULDN'T SEE ROAD IMPROVEMENTS UNTIL ALL THE UTILITIES WERE RELOCATED.
>> SO BASICALLY, WE ARE NOT GOING TO START CONSTRUCTION NEXT YEAR, FIRST QUARTER NEXT YEAR. IF WE DECIDE TO SELL IT, IT WILL NOT HINDER OUR START FIRST QUARTER NEXT YEAR.
>> I WISH I KNEW THE ANSWER OF MIKE'S START DATE.
WOW, OKAY. >> WHAT IS THE HARM FOR LOOKING AT OPTION NO. 3, TAKING IT TO AUCTION AND THEN TEARING IT
DOWN, JUST DELAYING TIME? >> AS LONG AS WE DON'T INCUR ANY COSTS IN THE AUCTION, THAT'S THE THING.
I DON'T SEE HOW WE COULD AUCTION IT WITHOUT INCURRING THAT POSTING COST AND AUCTION COST. I DON'T KNOW IF IT WOULD GO ON THE WEBSITE WE USE, SET UP A SEPARATE REAL ESTATE.
I DON'T IMAGINE CHRIS IS GOING TO STAND IN THE FRONT YARD AND
SATURDAY MORNING. >> WE WILL AUCTION IT THROUGH THE SERVICE THAT WE USE. THOSE FEES WOULD BE COVERED WITH
THE PROCEEDS. >> OF THE HOUSE.
>> WE WILL BE -- WHATEVER WE BID ON, LESS THE COST OF THE
AUCTIONEER. >> HOW MUCH DID WE PAY FOR THE
HOUSE. >> 575 FOR THE REAL PROPERTY AND 75,000 FOR THE RELOCATION ASSISTANCE.
>> SO THAT WAS A LOT OF MONEY. I DON'T WANT TO SPEND A DOLLAR MORE TO TRY AND GET NICKEL BACK IS BASICALLY WHERE I AM AT.
BASICALLY, I THOUGHT -- >> LIKELY BE SPENDING A NICKEL
MORE TO GET A DOLLAR BACK. >> POTENTIALLY.
>> HOW MUCH DID THE STUDIES COST?
>> WE DO STUDIES EITHER WAY. >> I WOULDN'T SAY MUCH FOR THE HOUSE LIKE THAT. THE REMEDIATION IS GOING TO BE
THE COST, DEMOLITION COST. >> I'M TORN.
I SHOULD HAVE TURNED MY MIC OFF BUT THANK YOU FOR ACKNOWLEDGING ME. THERE'S PROBABLY A HIGH LIKELIHOOD THAT THE CURRENT RESIDENT WOULD BE POTENTIALLY TRYING TO GET THEIR HOUSE BACK THROUGH AUCTION AND MOVE IT FURTHER BACK ON THEIR PROPERTY. I THINK WE NEED TO ASK OURSELVES, IS THAT SOMETHING WE WANT TO GIVE THEM THE
OPPORTUNITY TO DO OR NOT? >> I THINK THAT SHOULD HAVE BEEN
WORKED OUT IN THE WHOLE PROCESS. >> THIS IS THE PROCESS.
>> WE ALREADY BOUGHT THE HOUSE. THAT'S LIKE BUYING YOUR CAR BACK FROM THE INSURANCE COMPANY AFTER THEY HAVE TOTALED IT.
IN THE END, YOU MAKE A WHOLE BUNCH OF MONEY.
THE TAXPAYERS PAID FOR THIS HOUSE.
SO IF THE HOMEOWNER WANTS TO PAY US $650,000 FOR THAT HOUSE, I'M ALL EARS. IF NOT, THEY JUST TOOK THE
TAXPAYER FOR A RIDE. >> SO MAYBE A LITTLE DIFFERENT PERSPECTIVE IS THAT IF WE HAD TO PAY FOR THE PROPERTY AND GOT THE HOUSE AND WE WERE ABLE TO RECOUP A HUNDRED THOUSAND DOLLARS, WHY
NOT RECOUP IT. >> IF WE DON'T, WE WILL TEAR IT
DOWN ANYWAY. >> SO WOULD YOU LIKE TO MAKE A MOTION. IT IS NOT OPEN.
IS HE THE SELLER? >> I'M THE HOMEOWNER.
TO CLEAR SOME THINGS UP. >> NAME AND --
>> JEFF LARUE. 882 WALL IN THE GROVE ROAD.
TO CLEAR THINGS UP, THERE IS NO PLAN TO MOVE THE PROPERTY BACK.
IN FACT, WE SUGGESTED YOU COULD LEAVE THAT PORTION THAT'S ON THE FOUNDATION TO KEEP, TO SAVE THE SCITY THE MONEY.
IT IS NOT PLANNING TO BE MOVED. SO IF YOU WANT TO TAKE IT ALL,
[01:25:02]
YOU DO OWN IT. THERE'S NO RESTRICTIONS THERE ON OUR PART. BUT THERE IS A USE IF YOU WANTED TO LEAVE THE PART THAT'S ON FOUNDATION.IT WILL NOT BE MOVED. SO THAT'S THERE WAS TO THAT.
>> I HAVE ONE QUESTION FOR THE PREVIOUS OWNER, I GUESS, MR. LARUE, COUNCILMAN COFFMAN SAID THERE MAY BE AN INTEREST IN
YOU REPURCHASING THE HOUSE. >> NO, I HAVE NO INTEREST WHATSOEVER. I WAS GOING TO SAVE THE CITY OR THE TAXPAYERS TO NOT HAVE TO BULLDOZE THAT LITTLE PORTION.
THAT'S WELL WITHIN THE EASEMENTS.
>> THANK YOU. >> AND MY ONLY OTHER -- NOT FOR YOU, SIR, THANK YOU VERY MUCH. ADAM, MY ONLY OTHER QUESTION, YOU SAID IF THEY WERE TO BULLDOZE A PORTION OF THE HOUSE
AND LEAVE -- >> THE PEER AND BEAM DEMOED.
THE SLAB WOULD STAY. >> I SEE 25 TO 30 FEET FROM THE RIGHT-OF-WAY LIMITS WOULD BE THE REMAINING STRUCTURE.
AND UP AND DOWN WALNUT GROVE ROAD, WHAT IS THE CURRENT
>> HOW ABOUT FOR ANYTHING NEW? IF WE WERE BUILDING NEW HOUSES.
>> 50 FEET. >> I AM GOING TO GO WITH JUSTIN, I DON'T SEE NO. 4 AS A VIABLE OPTION.
IT IS GOING TO BE SO CLOSE TO THE ROAD.
CLOSEST THING TO THE ROAD SINCE SLICED BREAD.
>> NEIGHBOR ACROSS THE STREET, SAME DISTANCE.
>> IF MR. LARUE NEEDS TO SPEAK, YOU HAVE TO COME BACK.
>> THERE WAS A NEIGHBOR RIGHT ACROSS THE ROAD, IT IS WITHIN EIGHT FEET OF THE SAME DISTANCE OF HIS, JUST TO GIVE YOU AN IDEA HOW CLOSE THAT IS. I THINK IT IS ROUGHLY 17 FEET BEYOND THE WATER LINE EASEMENT. SOMEWHERE IN THAT RANGE.
I DON'T KNOW WHAT THAT OVERALL WAS BUT IT WAS LINED UP.
>> I THINK NO. 2 IS THE BEST, AUCTION THE HOUSE, IF SOMEBODY BUYS IT, IT IS THEIR RESPONSIBILITY TO GET IT OUT.
AND IF THEY DON'T, WE ARE ENDED UP BACK TO NO. 1.
WE DEMOLISH IT OURSELVES. >> WOULD YOU SIT A TIME FRAME FOR THAT, SIR? WHAT WOULD BE YOUR TIME FRAME.
IF THAT'S A PROPER QUESTION TO ASK.
>> WHATEVER WOULD BE APPROPRIATE THAT WOULDN'T SLOW DOWN WALNUT
GROVE. >> IS THERE A DIFFERENCE IN THE PROCESS FOR NO. 2 AND NO. 3? WOULD IT GO FOR AUCTION.
IF ONLY PEOPLE WANTED TO BUY A PORTION OF THE HOUSE.
>> WE HAVE TO DO REMEDIATION ON THE PORTION WE DEMO.
STILL HAVE DO DO A PORTION OF THAT.
>> THEY CAN MOVE THE OLD HOUSE. >> IT IS REAL REALISTIC TO BUYE
WHOLE THING? >> REALISTICALLY BUY THE PORTION ON PEER AND BEAM. THE SLAB PORTION IS ON SLAB.
>> WHAT DO THEY DO WITH IT? >> IT CAN BE MOVED, TOO.
>> YES, SIR. ANYTHING CAN BE MOVED.
COUNCIL MEMBER, I AGREE WITH YOU ON THAT.
YEAH, YEAH. YOU ARE CORRECT, SEE.
THERE WOULD BE A SIZABLE COST. BUT ANYTHING -- YOU ARE CORRECT,
SEE, ANYTHING CAN BE MOVED SMG. >> SO THE PLAN IS TO DEMO THE
PORTION ON THE SLAB REGARDLESS. >> YES, SIR, DEPENDING ON THE
DECISION YA'LL MAKE, YES, SIR. >> I DON'T KNOW HOW ESTHETICALLY PLEASING ON A BRAND NEW ROAD THIS BUILDING IS GOING TO LOOK.
>> WAIT A MINUTE, ESTHETICALLY PLEASING, WE JUST PUT 20
SHIPPING CONTAINERS. >> LET'S STAY ON TOPIC.
>> I AGREES WITH MR. SIBLEY, MIGHT AS WELL TAKE IT TO AUCTION
IF WE CAN AND SEE WHAT HAPPENS. >> DO WE PUT A RESERVE.
OPEN END. >> I WOULD RECOMMEND, IF WE AUCTION IT, WHATEVER SOMEBODY WANTS TO SPEND A DOLLAR ON IT, THEY WILL COME GET IT. LET THEM COME GET IT.
>> YES, SIR. WE JUST NEED THE STRUCTURE OUT
OF THE WAY IS OUR ULTIMATE GOAL. >> HOW MUCH WOULD IT COST TO LIST? DOES IT INCREASE OUR COST WITH
THIS SERVICE? >> NO, THEY WILL DO IT.
TAKE THEIR -- >> HOW MUCH IS THAT?
>> I BELIEVE IT IS -- THE LAST ONE, I THOUGHT IT WAS 10%.
BUT DON'T HOLD ME TO THAT. >> 10% OF THE SALE PRICE.
>> OKAY. ALL RIGHT, THANK YOU.
>> IRRESPECTIVE OF THE AMOUNT. ARE THERE FURTHER COMMENTS
[01:30:08]
AND/OR QUESTIONS? WOULD SOMEBODY LIKE TO MAKE AMOTION, PLEASE. >> MAKE A MOTION TO APPROVE THE NO. 2 THERE, AUCTION THE HOUSE OFF WITH SPECIFIC TIME AND SCHEDULE WITH THE STRUCTURE TO BE REMOVED.
>> ADDED TO THAT, AS SOON AS POSSIBLE.
>> WE WILL GET BACK WITH CHRIS AND SHARE AND CLYDE TO SHARE WITH MIKE'S OPINION OF THE RELEASE DATE OF THE BID AND WORK WITHIN THAT TIME PERIOD. SURE WILL.
>> SO WE HAVE A MOTION. >> SECOND.
>> FOR OPTION -- IF I MAY FINISH, OPTION NO. 2.
AUCTION ENTIRE HOUSE WITH SPECIFIC TIME SCHEDULE WHICH IS AS SOON AS POSSIBLE FOR THE STRUCTURE TO BE REMOVED.
>> DO WE HAVE A SECOND. >> SECOND.
ITEM PASSES 7-0. >> THANK YOU VERY MUCH.
[2022-401]
>> ITEM 2022-401, CONSIDER AND ACT UPON A RESOLUTION ACCEPTING AND SUPPORTING THE MID-WAY REGIONAL AIRPORT MASTER PLAN UPDATE PROJECT.
>> THANK YOU, MAYOR, COUNCIL. BACK IN THE SPRINGTIME THERE WAS A CONGLOMERATION OF MAYORS, AIRPORT LIAISONS, AIRPORT MANAGERS THAT GOT TOGETHER, HAD DISCUSSION AND PROCEEDED TO MOVE FORWARD WITH THE UPDATE OF THE AIRPORT MASTER PLAN.
I DON'T BELIEVE IT HAS BEEN UPDATED SINCE 2012.
THAT WAS TAKEN TO THE AIRPORT BOARD ON MAY 12TH, 2022.
THEY ASKED THE BOARD, AIRPORT MANAGER TO MOVE FORWARD.
WE HAVE BEEN WORKING ON TXDOT ON THIS OVER THE PAST APPROXIMATELY THREE MONTHS. WE HAVE GOT WITH THEM AND WE HAVE A JOINT RESOLUTION THAT WAS APPROVED AND RECOMMENDED BY THE AIRPORT BOARD LAST THURSDAY, THE 8TH.
WE HAVE GOT A TIME FRAME ON THIS, IT NEEDS TO GET TO TXDOT BY SEPTEMBER 30TH FOR THIS UPDATE.
SO IT CAN GET INTO THE TEXAS TRANSPORTATION PLAN.
THE TRANSPORTATION COMMISSION SO IT CAN BE FUNDED.
THEY ARE FUNDING $180,000 OF THIS PLAN THROUGH TXDOT.
AND THEN THERE'S A 20% MATCH, 10% MATCH.
THE REMAINING 20% WILL COME OUT OF TXDOT ARPA FUNDS.
RIGHT NOW, THE COST OF THIS PLAN IS ZERO TO BOTH ENTITIES AS WELL AS THE AIRPORT, OF COURSE. WHAT IS ON THIS PLAN IS TO PREPARE MASTER PLAN CONSISTENT WITH FAA ADVISORY CIRCULARS, INCORPORATE THE FAA REQUIREMENTS AND DATA COLLECTION AS NEEDED, DEVELOP A CAPITAL IMPROVEMENT PLAN INCLUDING PHASING PLAN, FINANCIAL OVERVIEW THAT CONSIDERS LOCAL, STATE, FEDERAL AND ALTERNATIVE FUNDING SOURCES. PREPARE AND UPDATE THE AIRPORT PROPERTY MAP CONSISTENT WITH THE MOST CURRENT FAA ADVISORY CIRCULARS. ESTABLISH ATTAINABLE GOALS FOR AIRPORT IMPROVEMENTS AND FORECAST FOR AVIATION COMMAND, CURRENT AND FUTURE CRITICAL AIRCRAFT, HEIGHT HAZARD ZONING MAP INCLUDING PART 77 AND OTHERS AS APPROPRIATE.
WHAT THIS WILL NOT INCLUDE BUT WHAT THE GROUP THAT MET WANTED TO INCLUDE IN THIS, THIS DOESN'T INCLUDE FUNDING FOR THIS.
IS AN AIRPORT BUSINESS PLAN AND THEN ALSO AIRPORT RULES AND REGULATIONS. WHAT WE WILL BE ABLE TO DO WITHIN THE REQUEST FOR PROPOSAL IS ADD THOSE TWO ITEMS IN WITH AIRPORT MASTER PLAN AND THAT CAN BE SEPARATELY FUNDED BY WHATEVER ENTITY SEES FIT. WE HAVE TALKED ABOUT THE 4A POSSIBLY FUNDING IT. WE HAVE TALKED ABOUT BOTH CITIES FUNDING IT JOINTLY. BOTH CITIES ARE IN AGREEMENT THAT THAT IS SOMETHING THAT IS NEEDED FOR MOVING FORWARD WITH THE AIRPORT, THOSE TWO ADDITIONAL ITEMS. BASICALLY BEFORE YOU IS A RESOLUTION OF SUPPORT FOR MOVING FORWARD ON THIS AIRPORT MASTER PLAN.
ASSIGNING A DESIGNATED REPRESENTATIVE, THAT WOULD BE CHARLOTTE WRIGHT, AIRPORT MANAGER, STARTING MONDAY.
AND NOMINATING FIVE PEOPLE FOR THE SELECTION COMMITTEE, WHO WOULD SELECT CONSULTANT AND MOVE ON.
THE APPROXIMATE TIMELINE OF THIS IS HOPEFULLY TO GET THE SELECTION DONE BY END OF FEBRUARY, I BELIEVE.
WITH THAT, I WILL ANSWER ANY QUESTIONS.
>> THE ONLY QUESTION I HAD, CLYDE, WAS JUST THE WAY IT IS
[01:35:02]
PRESENTED HERE WHERE IT SAYS TH. SECOND.I WANT TO READ IT. IS SAYS MID-WAY REGIONAL AIRPORT BOARD AUTHORIZE STAFF TO UPDATE AIRPORT MASTER PLAN, CAPITAL IMPROVEMENT PLAN INSTEAD OF THE RUNWAY REHABILITATION PROJECT.
CAN YOU CLARIFY THAT. >> YES, SIR.
TXDOT AND FAA CAME OUT AND THEY DID WHAT WAS SCHEDULED TO BE ON CAPITAL IMPROVEMENT PLAN THIS YEAR WAS RUNWAY REHAB.
TXDOT FAA DID COME, INSPECTED RUNWAY.
THEY SAID IT REALLY LOOKS GOOD. IT IS NOT ANYTHING AT FALL.
NOW, AS AASIDE, WE NEED TO RESTRIPE IT.
THAT WOULD BE SOMETHING THAT WOULD BE MOVED UP BUT INDEPENDENT OF THIS. THE FUNDING FOR THE RUNWAY WOULD BE PUSHED BACK A YEAR AND THEN THIS WOULD BE THE PROJECT THAT WOULD COME UP ONE YEAR SOONER. DOES THAT ANSWER YOUR QUESTION?
>> FOR THE EXTRA WORK, WHEN WILL THE COST BE IDENTIFIED?
>> PROBABLY -- I THINK I HAVE A SCHEDULE HERE.
SO REQUEST FOR QUALIFICATIONS SENT OUT NOVEMBER OF '22.
INTERVIEWS HELD. I WOULD EXPECT THAT TO BE
JANUARY, FEBRUARY OF '23. >> OTHER COMMENTS OR QUESTIONS?
OR A MOTION, PLEASE. >> MOVE TO APPROVE.
>> MOTION TO APPROVE. >> I WILL SECOND.
[EXECUTIVE SESSION]
ITEM PASSES 7-0. THANK YOU, CLYDE.>> THE CITY IS GOING TO CONVENE INTO EXECUTIVE SECTION PER THE FOLLOWING SECTS OF TEXAS COAT. SECTION 551.071(2) LEGAL: CONSULTATION WITH CITY ATTORNEY ON ANY AGENDA ITEM LISTED HEREIN. SECTION 551.072 REAL ESTATE: DELIBERATION REGARDING REAL PROPERTY, TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY.
FIRE STATION NO. 4. ALSO PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY GENERALLY LOCATED WITHIN THE CITY OF MIDLOTHIAN.
WE THE TI TIME IS 7:37, WE STANN EXECUTIVE SESSION.
>> I'M PULLING UP THAT NUMBER. >> SECTION 3, 551-.72.
>> IN REGARD TO SECTION 551.72, REGARDING REAL ESTATE PROPERTY DELIBERATION, TO DELIBERATE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY GENERALLY LOCATED WITHIN THE CITY OF MIDLOTHIAN. I MOTION TO APPROVE AND PURCHASE OF SALE AGREEMENT BETWEEN THE CITY AND MID TECHS INTERNATIONAL CENTER INC. GENERALLY LOCATED AT THE INTERSECTION OF NORTH 8TH AND NORTH 9TH STREET IN THE CITY IN THE AMOUNT OF $130,000.
>> WE HAVE A SECOND. >> SECOND.
>> PLEASE VOTE. THE ITEM PASSES 7-0.
DO WE HAVE A MOTION TO ADJOURN. >> MOTION TO ADJOURN.
>> ALL IN FAVOR SAY AYE, OPPOSED LIKE SIGN.
AT 8:14 WE STAND ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.