Nov 08, 2022 City Council

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>> GOOD EVENING, IT IS SIX ABOUT PM TUESDAY, NOVEMBER 8, 2022.

I CALLED A SESSION OF THE MIDLOTHIAN CITY COUNCIL TO ORDER.

CHRIS AGUILERA FROM LIGHTHOUSE CHURCHES HERE AND WILL SAY THE INVOCATION.

PUSH THE BUTTON. YOU WILL GET A LIGHT.HERE YOU GO.

>> FATHER GOD, WE ARE THANKFUL FOR YOUR PRESENCE IN THIS PLACE.

WE ARE THANKFUL YOU ARE THE LORD OF THE CITY. LORD, I ASK YOUR GRACE, WISDOM AND PEACE. TO BE UPON THE LEADERS IN THE COMMUNITY MEMBERS HERE IN THIS MEETING. LORD, I PRAY FOR UNITY AND RESOLUTION.

AND LORD, THAT THE AGENDA THAT PASSES IS YOUR AGENDA. LORD, WE THANK YOU FOR EVERYTHING YOU DO AND WE ARE THANKFUL WE GET TO BE ACTIVE PARTICIPANTS IN MAKINGTHE CITY THE BEST POSSIBLE PLACE THAT IT CAN BE. IN JESUS NAME .MEN.

>> 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. >> FIRST OFF, MY CONDOLENCE TO THE SANDERS FAMILY FOR THE PASSING OF JULIE, SHE IS -- TO OUR COUNCILMAN WOODCLIFF AND PART OF A FAMILY THAT HAS LIVED HERE THAT ACTIVELY IS INVOLVED IN OUR COMMUNITY. SHE DIED SUDDENLY YESTERDAY.

SO, OUR CONDOLENCES TO HER AND HER FAMILY. FRIDAY IS VETERAN'S DAY. I INVITED EVERYBODY TO ATTEND VARIOUS VETERANS FUNCTIONS GOING ON THAT DAY.

MY FAVORITE IS WALNUT GROVE MIDDLE SCHOOL. THEY HAVE A PROGRAM IN THE MORNING FOR VETERANS, THERE IS VETERAN'S DAY SESSIONS AND IN THE EVENING WE HAVE A DINNER WITH THE CITY, GO TO THE WEBSITE AND PLEASE, IT IS FREE AND FOR VETERANS AND THEIR FAMILIES. WE WILL BE FED BARBECUE AND IF YOU GO ON THE WEBSITE, YOU CAN REGISTER. NOT NECESSARY BUT IT WILL GIVE PEOPLE AN IDEA OF HOW MANY ATTENDING. THANK YOU TO ALL THE VETERANS WHO HAVE SERVED IN THE ARMED

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WE HAVE ONE SPEAKER TO BE HEARD. LISA HEALY.

>> HELLO, LISA HEALY. 418 MILLIGAN DRIVE. THANK YOU FOR ALLOWING ME TO SPEAK TONIGHT. IT IS SUPERQUICK. SINCE WE ARE EXPERIENCING SUCH RAPID GROWTH, I WAS WONDERING, AND THIS IS JUST BASED ON SITTING IN TWO ZONING AND PLANNING MEETINGS, AND THE FOLLOW-UP CITY COUNCIL MEETINGS, I WAS WONDERING IF THERE IS A WAY WE COULD TAKE IN A HOLISTIC LOOK AT OUR GROWTH. FOR EXAMPLE, HOW MUCH SPACE DO WE HAVE LEFT THE GROWTH IN THE CITY LIMITS AND WHAT'S THE PLAN? EVERY TIME WE APPROVE SAY, APARTMENT COMPLEX AND HOW MANY FAMILIES THAT COULD HOUSE OF THE SPACE WE HAVE AVAILABLE, HOW MUCH IS THAT TAKING UP? AND SO, THEN WE ARE TRACKING AGAINST LIKE THAT 100 PERCENT GROWTH AND WE CAN PLAN ACCORDINGLY.

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THANK YOU. >> THANK YOU. LISA WAS THE ONLY PERSON SIGNED

[CONSENT AGENDA]

ARE THERE ANY REQUESTS? IS THERE A MOTION? >> MOVED TO APPROVE.

>> SECOND REQUEST MOVED AND SECONDED. THE CONSENT AGENDA IS APPROVED 7-0. A REMINDER, IF YOU WANT TO SPEAK PLEASE TURN ON YOUR LIGHT AND WAIT TO RECOGNIZE.

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OF O. >> THANK YOU, THIS IS AGENDA ITEM 2022 Ã514.

THIS IS FOR CASE NUMBER SUP26-2022-181 SCOOTERS COFFEE. THIS IS 721 E. MAIN STREET.

THE LAND IS CURRENTLY UNDEVELOPED AND PLANNED DEVELOPMENT, WE ARE AWARE COUNCIL WAS HERE FOR THE LAST TIME -- JUST A QUICK RECAP, AT THE CITY COUNCIL MEETING COUNCIL VOTED FIVE ÃTWO TO RECOMMEND DENIAL OF SCOOTER'S COFFEE AT THAT POINT.

ONE OF THE MAIN TOPICS OF CONVERSATION WAS ACCESSED BETWEEN O'REILLYS, THE ADJACENT PROPERTY AND THE SUBJECT PROPERTY WHICH IS SOMETHING WE WILL TOUCH ON MORE IN A SECOND.

THIS PINK BOX HERE DEPICTS THE BUILDING PROPOSED ON THE SITE, 664 SQUARE FEET DRIVE-THROUGH ONLY. SEVEN PARKING SPACES. HOWEVER, SINCE WILL BE DRIVE-THROUGH ONLY FACILITY, THE SPACES ARE LIMITED. SCOOTER'S COFFEE INTENDS TO SELL COFFEE, TEA, BREAKFAST AND SNACK OPTIONS WITH OPERATIONAL HOURS OF 5:30 AM UNTIL 8:00 PM, SEVEN DAYS A WEEK. SOME CHANGES FROM LAST SUNDAY THIS WAS PRESENTED TO THE CITY COUNCIL MARCH OF THIS YEAR, ITEMS INVOLVED -- REAL QUICK, THESE ITEMS THIS AT THE TOP WAS MOVED FROM THE PROPERTY LINE TO THE REAR PROPERTY LINE AND THE APPLICANT PROVIDED THIS ALONG MAIN STREET. -- AGAIN, AT THE LAST MINUTE, ONE OF THE PRIMARY TOPICS OF THE DISCUSSION WAS THAT THE CROSS ACCESS FROM O'REILLY TO THE PROPERTY WASN'T BEING PROVIDED. SINCE THEN THE APPLICANT HAS APPROVAL FROM TXDOT TO GET EAST MAIN STREET TO THE PROPERTY THE APPLICANT CAN BE DENIED ACCESS TO THEIR PROPERTY SO THE APPLICANT DID AND I'M SURE THEY WILL ELABORATE MORE ON THIS, TRY TO CONTINUE TO WORK WITH O'REILLYS BUT AFTER SOME POINT THEY STOPPED ANSWERING IF YOU WILL.

THEY WORKED WITH TXDOT AND WERE ABLE TO GET ACCESS FROM EAST MAIN STREET TO THE PROPERTY.

JUMPING DOWN TO THE LAST TWO. THE APPLICANT PROVIDED A PROVISION WITHIN OREGON SPECIFICALLY SECTION 8C STATING THAT IF THE USE WERE TO CEASE AT ANY POINT, THEY WILL REMOVE THE BUILDING AND ANY STRUCTURES ON THE SITE WITH EXCLUSION OF THE PAYMENT.

ALSO CROSS ACCESS EASEMENT IS BEING PROVIDED SO AGAIN, EVEN THOUGH O'REILLYS HAS SAID THAT THEY ARE NOT WILLING TO PROVIDE THE CROSS ACCESS, THE APPLICANT IS PROVIDING AN EASEMENT ALONG THE SIDE HERE JUST IN CASE A NEW TENANT COMES IN AND THEY'RE WILLING TO WORK WITH THEM ON THAT EASEMENT. THE NEXT SLIDE DEPICTS THE LANDSCAPE PLAN APPLICANT IS PROPOSING THE CEDAR ELM TREES ON THE PROPERTY AS WELL THE SUBMISSION SHRUBS AROUND THE PROPERTY, THE NEXT SLIDE HAS A PLAN CONSISTENT WITH PRIMARILY BRICK, STONE AND METAL.

EXCUSE ME, BRICK, STUCCO AND APPLICANTS REQUESTING A VARIANCE.

PER THE ZONING ORDINANCE, ONE SIGN ON THE FRONT SIDE FOR THE BUILDING, IS ONLY ALLOWED THE APPLICANT IS REQUESTING THREE, HOWEVER, ALL OF THOSE WILL STILL BE UNDER THE 54 SQUARE

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HOWEVER, WE WILL LET THEM SPEAK MORE TO THAT. WE DID RECEIVE ONE OF OPPOSITION FOR THE REQUEST. HOWEVER, PLANNING AND ZONING -- HOWEVER STAFF IS RECOMMENDING

APPROVAL. >> QUESTIONS? >> WHO WAS A LOT OF OPPOSITION

FROM? >> I FORGET WHO WAS FROM. BUT THEY MADE THE STATEMENT THAT WE HAD TOO MANY COFFEE SHOPS IN THE TOWN. BUT FORGIVE ME, I CANNOT

REMEMBER WHO SPECIFICALLY. >> IS THE APPLICANT TO BE HEARD?

>>. [INAUDIBLE] SOUTH MAIN STREET WE ARE CLOSING A REQUEST FOR DRIVE, RESTAURANT WITH A DRIVE THROUGH. BY THE ZONING ORDINANCE IS PERMITTED BY RIGHT. SO BASICALLY BE FOR THE DRIVE-THROUGH SERVICE AND STAFF MENTIONED REQUEST FOR THE VARIANCE AND THE SIGNAGE REQUIREMENT.

ONE THING I WANT TO POINT OUT. SINCE THAT TIME WE HAVE BEEN WORKING ON VARIOUS THINGS TO MEET CONCERNS AND ADDRESS THE CONCERNS. YOU CAN MAKE THE SITE MORE AESTHETICALLY PLEASING. SOME THINGS WE DID AS MENTIONED BY STEPH, WE MOVED THIS TO THE NORTH, WE HAVE ADDED MORE LANDSCAPING, WE WORKED WITH O'REILLYS CONTACTED THEM, TRIED GETTING A CROSS ACCESS EASEMENT FROM THEM. THEY TOLD US THERE IS NO WAY THEY WILL ALLOW US TO HAVE ANY SORT OF ACCESS TO THE PROPERTY WHATSOEVER.

AND THEY WANT TO STOP COMMUNICATION. REGARDING THAT CONVERSATION HAVING CROSS ACCESS. HOWEVER, WITH THAT IN MIND, WE DID PARADE THE EASEMENT AS STEFAN MENTIONED. IF ANYTHING CHANGES THERE WILL BE CROSS ACCESS.

WE PROVIDED AN EASEMENT GOING EAST SO FUTURE DEVELOPMENT ALSO HAVE ACCESS TO THIS.

ONE THING WE WANT TO FOCUS ON WAS THE DRIVE-THROUGH AREAS. WE PROVIDED A EXIT LANE, ALSO INESCAPABLY TO ALLOW FOR CARS HE WENT TO GET OUT, WHO STAFF LEAVE AND DON'T GET A SECOND DRIVE-THROUGH. ALSO ALLOW FOR THE DRIVE-THROUGH TO CONTINUE WITH THE Q, -- CAUSING BLOCKAGES. HERE IS A COMPARISON WITH THE SITE PLAN PROVIDED IN MARCH, HERE'S WHAT WE'VE DONE AFTER. ONCE AGAIN WE HAD ADDITIONAL LANDSCAPING ON THE EAST SIDE TO ALLOW FOR ADDITIONAL BUFFERING AROUND THE DUMPSTER AND MORE LANDSCAPING ON THE RETENTION POND, MORE LANDSCAPING BUFFERING O'REILLYS, AND LANDSCAPING WHICH IS CONSISTENT WITH OTHER DEVELOPMENTS. WE ALSO WANT TO FOCUS ON THE SIGN OF THE BUILDING, MORE CONSISTENT WITH WERE THE RECENT PROJECTS THAT ARE APPROVED. THAT BLENDS IN WITH MAIN STREET DESIGN. REQUIREMENTS. HERE IS A SITE PLAN.

[INAUDIBLE] THIS CROSS ACCESS EASEMENT DOES GO HERE WE DO HAVE LANDSCAPING THERE, THE EASEMENT WILL BE BETTER AND WE PUT GRASS THERE SO IT'S EASIER TO TEAR OUT INSTEAD OF TREES.

THAT'S WHY THE LANDSCAPING LOOKS LIKE THAT THERE AND THE EASEMENT FOR FUTURE USE.

WITH THE SIGNAGE, ONCE AGAIN, THE SIGN REGULATIONS, IT DOES ALLOW 54 SQUARE FEET ON ONE SIDE. IF YOU WANT ADDITIONAL TO HAVE SIGNAGE, YOU HAVE TO GO TO THE SPECIAL EXCEPTION VARIANCE PROCESS. WE ARE ACCEPTING A SIGN ON EACH ONE OF THESE ON THE FRONT. THERE IS A SIGN FACING MAIN STREET.

EAST AND WEST. ALL IN ALL, IT STILL IS MEETING THE OVERALL SIGN, NOT EXCEEDING THE 54 SQUARE FEET PERMITTED BY THE BUILDING. IT IS ALLOWING ANOTHER SIGN BEING LOCATED HERE APPROXIMATELY 28 SQUARE FEET. I CAN ANSWER ANY QUESTIONS AT

THIS TIME. >> I HAVE A QUESTION. >> YES.

>> HELP ME IN MY MIND UNDERSTAND THE TWO SIGNS. LIKE THE ONE ON THE RIGHT RIGHT

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THERE, WHAT DOES THAT ONE FACE? THIS ONE HERE? >> THAT IS FACING O'REILLYS.

NO I'M SORRY, THIS WAS FACING MAIN STREET. THIS WAS FACING O'REILLYS AND

THIS IS FACING VACANT LAND. >> OKAY. AND MAIN STREET COMES ACROSS

RIGHT ON HERE. >> BECAUSE OF HOW SMALL THE BUILDING IS WE NEEDED

ADDITIONAL SIGNAGE. >> I HAVE A FEW QUESTIONS. THERE IS ONE KEY RIGHT?

>> THERE IS ACTUALLY, ONE DESIGNATED Q AND AN ADDITIONAL Q IF, AS --

>> THERE IS ONE SERVING POINT. >> CORRECT, THERE IS ONE POINT. >> AND HOW MANY CARS WILL

ACCOMMODATE? >> IN THE SITE PLAN, WILL CALCULATED UP TO HEAR WHICH IS EIGHT CARS. BUT WE CAN GET A LOT MORE AS YOU GO TO MAIN STREET.

COMING UP HERE ABOUT 15 CARS. >> WHAT ARE THE PEAK HOURS? >> MONDAY THROUGH FRIDAY 7M UNTIL 9:30 AM. SATURDAY AND SUNDAY, IT RANGES FROM 9 O'CLOCK UNTIL 11:00 AM.

>> ARE THERE PEAK HOURS IN THAT TIMEFRAME? >> THAT WILL BE 7:00 A.M. UNTIL

11. >> 9:30 AM? >> YES.

>> THAT IS THE PEAK TIME. THEY HAVE THE RATE OF CARS TESTED AND THAT TIMEFRAME?

>> YES. DURING THE TIMEFRAME CALCULATION IS WERE COMPARED TO OTHERS NATIONALLY, AND THE TIMEFRAME APPROXIMATELY 324 CARS.

A LITTLE MORE THAN -- TO SERVE EACH CAR WITHIN LESS THAN THREE MINUTES.> SAID IT AGAIN?

>> THE GOAL IS TO HAVE EACH CAR SERVED IN LESS THAN THREE MINUTES.

>> AVERAGE SERVICE TIME IS?> AVERAGE SERVICE TIME AGAIN, ABOUT TWO MINUTES AND 46

SECONDS. >> OKAY. NO MORE QUESTIONS.

I WILL TAKE A MOTION. >> I HAVE A QUESTION. MAYBE FOR STAFF.

IT WAS MENTIONED IN AGREEMENT WAS DRAWN UP IF THE FACILITY GOES OUT OF BUSINESS THAT THE

BUILDING WOULD BE DEMOLISHED. DOES THAT FOLLOW THE SEP? >> ARE ACTUALLY TWO PLACES THAT WOULD REPLACE THAT.NOWING THAT WAS A CONCERN, SINCE IT IS A SMALL BUILDING, WE CREATED A SECTION OF THE ORDINANCE THAT TALKS ABOUT IF THE USE -- WILL BE REQUIRED TO BE DEMOLISHED BY THE PROPERTY OWNER. ALSO PROVISIONS IN THE AGREEMENT BEFORE WE EVEN BROUGHT THIS TO STAFF, THAT THERE ARE SIMILAR PROVISIONS IF THE USE GOES AWAY WE ARE

REQUIRED TO DEMOLISHED. IT'S A REALLY BEING SET UP. >> IS THIS COPY SPECIFIC OR --

>> COFFEE SHOP WITH RESTAURANT OR DRIVE-THROUGH. >> WHO ENFORCES THAT?

>> WELL, BETWEEN US AND THE PROPERTY OWNER. TWO PRIVATE PARTIES ON THE CITY SIDE WITH THE ORDINANCE. I CAN'T SPEAK OF YOU HAVE THE CITY BUT I WOULD ASSUME IT WILL

BE THE CITY CODE ENFORCEMENT WERE COMPLIANCE. >> OKAY.

JUST 10 YEARS FROM NOW, I'M JUST WONDERING WHO WILL REMEMBER THAT.

I WILL REMEMBER. >> COUNCILMAN WALTER? >> I THINK MY ONLY QUESTION, INITIALLY, WHEN THIS FIRST CAME BACK IN MARCH, I MORE THAN NOT SUPPORTED THE DEMOLITION OF THE STRUCTURE, SHOULD THE USE CEASE, BUT NOW I FEEL ROUGHLY HOW MANY SQUARE FEET?

>> 670 APPROXIMATELY. >> THIS IS A QUESTION FOR COUNSEL IS THAT DIFFERENT FROM A SMALL BAKERY OR SMALL ICE CREAM SHOP OR SOMETHING?ND IF ONE DEVELOPER IS GOING DOWN THE ROAD OF PUTTING IN THE CAPITAL REQUIRED WOULD BE A GRAND NEW UP TO CODE STATE OF YOUR BUILDING FOR 2022, WOULD BE FOOLISH OF US AS A CITY, TO REQUIRE IT BE DEMOLISHED, WHEN A SIMILAR USE COULD JOIN OUR COMMUNITY WITH LESS COST TO MARKET BECAUSE A STRUCTURE

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SOMETHING LIKE THAT. >> OR A VAPE SHOP OR SNOWCONE STAND OR YOU KNOW, FOR ME, IT IS A HIGH RESALE AREA NOT A LEASED SPACE IS A FREESTANDING FACILITY.

IN MY OPINION WHAT THE HIGHEST AND BEST USE OUT OF THE PROPERTY.

I JUST FEEL A THESIS WOULD BE LIMITED. THAT'S WHERE I'M COMING FROM ON

THAT. >> AND DEDUCT ALL OF THESE COMMENTS I HAVE TWO QUESTIONS.

WHAT IS IN THE COMMUNITY FIVE OR 600 SQUARE FEET THAT IS A BUSINESS, DO WE HAVE ANY EXAMPLES? AND IS THIS CONSTRUCTED TO BE ONLY A DRIVE-THROUGH FACILITY? OR CAN IT BE CONVERTED INTO SOMETHING ELSE EASILY? [INAUDIBLE] BUT THE INSTRUCTOR IS THERE ANY WALK-IN BUSINESSES? [INAUDIBLE] THIS IS WORST CASE QUESTION. [INAUDIBLE] POSSIBLY IN A STRIP CENTER MAY BE, PROBABLY NOT FREESTANDING.

>> NO, I WAS GOING TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING.

>> I CAN. >> MOTION AND SECOND, PLEASE VOTE.

PUBLIC HEARING IS CLOSED 7-0. DISCUSSION, COUNCIL? >> MOVE.

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

>> FOR CLARIFICATION YOU ARE APPROVING THE SIGNAGE, CORRECT? >> WE ARE APPROVING AS

PRESENTED. >> WHAT WAS THAT? >> WE ARE NOT DISCUSSING RIGHT

NOW. >> I GUESS YOU COULD HAVE A DISCUSSION ABOUT THE MOTION.

WE HAVE A MOTION AND SECOND. IS THERE FURTHER DISCUSSION BEFORE WE VOTE? ALL RIGHT. WE HAVE A MOTION TO APPROVE AS PRESENTED.

PLEASE VOTE. ITEM PASSES 5-2. THANK YOU. ITEM 2022-515.

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ROAD APPROXIMATELY 3,906 FEET EAST OF FM 157. >> GOOD EVENING.

>> WE DO HAVE ONE SPEAKER ON THIS ONE. >> GOOD EVENING AND THIS REQUEST IS BROUGHT FORWARD BY DAVID -- THE APPLICANT. THE REQUEST IS TO REZONE AREA THAT IS 81 ACRES. THIS IS ON THE WEST -- 81 ACRES, AND SORT OF TO GIVE A VERY BASIC IDEA OF WHAT THE REQUEST IS, IT IS GENERALLY SPEAKING, LIGHT INDUSTRIAL STANDARD WITH MEDIUM INDUSTRIAL USES. I WILL EXPLAIN A LITTLE BIT MORE BUT THAT IS JUST KIND OF THE BASIC IDEA. ALSO, THE OTHER THING TO NOTE, THIS IS RIGHT NOW, WE JUST HAVE A CONCEPT PLAN AND CONDITION STANDARDS.

WHENEVER AN ACTUAL USER OR PROJECT HAS BEEN IDENTIFIED, THEY WILL NEED TO COME BACK AS AN AMENDMENT TO THE PD AND COME BACK BEFORE YOU WITH A DETAILED SITE PLAN, BUILDING ELEVATION AND TRAFFIC IMPACT ANALYSIS. SO, AGAIN, THE PROPERTY IS CURRENTLY ZONED AGRICULTURAL.

IT IS UNPLOTTED. ONLY A TINY BIT IS TECHNICALLY ON THE PROPERTY SO STAFF IS COMFORTABLE THAT THIS IS REALLY HER INDUSTRIAL AREA. WE NOTE THAT OUTSIDE OF THE CITY LIMITS, IS THE CITY OF VENUS. ENVISION THE AREA MORE RESIDENTIAL AND A LOT OF THE AREAS UNDEVELOPED AND DOES HAVE A RESIDENTIAL BUT GIVEN EVERYTHING WE ARE DOING, IT IS DEFINITELYINDUSTRIALIZING , SEEMS TO BE THE PATH.

SO WHEN IT COMES TO USES, PROBABLY THIS CHART MAY HELP BETTER.

WHEN YOU ARE MEDIUM INDUSTRIAL ZONING DISTRICT AND HIS OWN ACCORD IS WRITTEN, HAVE 180

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SO, WHAT I DID HERE WAS TO TRY AND DISTILL THIS DOWN A BIT. SO, HEARING YELLOW, YOU'RE SEEING THE USES THAT MEDIUM INDUSTRIAL ON THE BOOKS AND ZONING CODE, PD, AND SVC IN THE COLUMN NEXT TO IT. SO THIS MEANS PROHIBITED, P IS PERMITTED AND S MEANS SUP.

AS YOU CAN SEE, OUT OF THE MEDIUM INDUSTRIAL USES, THAT HE'S ASKED FOR IN THE PD, HE ALSO VOLUNTARILY REMOVES SOME BY PROHIBITING THAT. SO, WE SEE THE BLACK, THAT WOULDN'T BE ALLOWED IN THE PD. WE SEE THIS, THEY'LL BE ALLOWED SPECIFIC USE PERMIT.

SO EVEN THOUGH IT IS MEDIUM INDUSTRIAL, IN SOME WAYS IT KIND OF STARTS PULLING ITSELF BACK TOWARD LIGHT INDUSTRIAL IN TERMS OF INTENSITY. BECAUSE HE SAID, I'M GOING TO WANT A BUNCH OF THESE USES PROHIBITED AND EVEN SOME OF THESE OTHER USES, LIKE WITH PRODUCT PAPER MANUFACTURING, RATHER THAN BEING BY RIGHT, SUP.

SO AGAIN, IT ENDS UP BEING A LITTLE SIMILAR BETWEEN LIGHT AND MEDIUM INDUSTRIAL.

AND IN THE BLUE DOWN HERE IS SOME USES THAT DON'T EXACTLY FIT INTO OUR CURRENT CATEGORY.

SO HE SPELL THEM OUT BY SUP. SO AGAIN, NOT ONLY DOES IT COME BACK AS A DETAILED SITE PLAN, BUT ALSO COMES BACK FOR YOUR CONSIDERATION AS A USE BECAUSE ASSISTED BY SPECIFIC USE PERMIT. NOW TO THE POINT OF THE DEVELOPMENT STANDARDS.

AGAIN, WE HAVE LIGHT INDUSTRIAL STANDARD HERE IN THE LEFT COLUMN.

THIS IS WHAT YOUR ZONING CODE SAYS AND THE PD STANDARD HERE, BY COMPARISON, IS WHAT HE'S ASKED FOR. THE PD STANDARD IS BASICALLY THE SAME OR LESS INTENSE.

THE ONLY THING MORE INTENSE IS THE MAXIMUM HEIGHT. AND I WOULD NOTE THAT WHAT HE IS SAYING IN THE PD, OF COURSE, THAT IS A TOTAL MAX HEIGHT FOR ANYTHING.

THAT INCLUDES ANY ATTACHMENTS TO THE TOP OF THE BUILDING, FREESTANDING STRUCTURES, ANYTHING. MAX HEIGHT IS 50 FEET. JUST TO GIVE A BETTER FAIR COMPARISON TO LIGHT INDUSTRIAL, WHILE BUILDINGS ARE LIMITED TO 35 FEET, HE COULD HAVE OTHER STRUCTURES UP TO 50 FEET LIGHT INDUSTRIAL. THE REASON WHY HE'S ASKING FOR THE 60 FEET HAS A LOT TO DO WITH TRYING TO FIND CERTAIN USES OR USERS OR PROJECTS.

I WILL LET HIM TELL YOU MORE ABOUT HIS ACTUAL DETAILS OF WHAT HE'S LOOKING FOR BUT HE WAS NICE ENOUGH TO KIND OF LOCK UP THIS CONCEPT HERE SO WE ARE TALKING ABOUT IS IF THIS WERE A BUILDING, THE FIRST FOUR FEET OR THE DOCK HEIGHT THE NEXT FEET, THE HEIGHT OF ENTRY DOOR FOR A PERSON. THEN, 40 FOOT CLEARANCE, THEN SIX FEET ABOVE FOR LIGHTING, FIRE SUPPRESSION AND 42 INCH WRAPAROUND SCREENS -- THAT GETS YOU BE GOOD TO THREE AND HALF FEET. IT IS EXTRA FLEXIBILITY, WENT UP TO ASKING 60 FEET AND STAFF DOESN'T HAVE AN ISSUE WITH THAT. SO, SOME OF USES OR PROJECTS, THE WAY THINGS ARE GOING THESE DAYS. THEY TEND TO NEED A LOT MORE FREE CLEARANCE INSIDE THE BUILDING. THUS THE REASON FOR THAT.

HE DOES HAVE SOME SITE CONSTRAINTS. SO, HERE IN THE RED, THERE IS AN 80 FOOT PIPELINE EASEMENT WITH 25 FOOT SETBACK REQUIREMENTS ON THE SIDE OF THE EASEMENT, THAT'S ALL PRIVATE PROPERTY CONCERNED BUT CERTAINLY, A CONSTRAINT ON VISIBILITY TO DEVELOP THE PROPERTY. THEN ALONG HERE IS ALSO A 30 FOOT EASEMENT. THESE EASEMENTS RESTRICT YOUR ABILITY TO PUT TREES AND SHRUBS IN THEM. WE HAVE ALLOWED FOR A LITTLE LENIENCY AND SOME OF THE LANDSCAPING, NOT A LOT. BUT IT ALLOWS THEM TO MAKE THE SITE FUNCTIONAL, STILL PROVIDE TREES AND EVERYTHING. BUT WHERE YOU MIGHT HAVE HAD A LARGER BUFFER, MAYBE A LITTLE SLIMMER HERE ON THE FRONTAGE ROAD. YOU'D PROBABLY END UP WITH A LITTLE LESS OF YOUR LANDSCAPE ISLAND PARKING. IN THE INTERNAL PART OF THE SITE. AGAIN, THIS KIND OF THE POINT I WAS JUST MAKING BUT THIS WOULD BE A CONCEPT OF WHAT KIND OF LANDSCAPING YOU CAN HAVE. IT'S NOT AS IF THERE IS NO LANDSCAPING, YOU STILL HAVE PERIMETER TREES AND YOU STILL HAVE SOME -- SO AGAIN, THE FUTURE LAND USE PLAN, THE INDUSTRIAL MODULE ENVISIONS INDUSTRIAL USES WERE ALIGNED THERE. THE VENUS E TJ ENVISIONING RESIDENTIAL, CERTAINLY TO HAVE

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I'D BE HAPPY TO TAKE QUESTIONS OR -- >> FIRST, WE HAVE A SPEAKER.

JACK -- >> NAME AND ADDRESS, THREE MINUTES.

>> JACK SHAW, -- I'M HERE TO REPRESENT THE -- RANCH, WE OWN THE ACREAGE, TO THE WEST OF THE SUBJECT, AND THE 670 ACRES TO THE SOUTH ACROSS "FORBES". IT'S ABOUT A NO, 7/10 OF A MILE. RIGHT THERE, THAT IS REPRESENTED.

I AM HERE MORE THAN ANYTHING JUST, I'VE HAD DISCUSSIONS WITH MULTIPLE DIFFERENT GROUPS.

INDUSTRIAL SEEMS TO BE A COMMON THEME OF WHAT I'M HEARING. I DO WANT TO SAY, THAT IN VENUS, EXCUSE ME, IN VENUS RIGHT HERE THAT YOU'RE LOOKING AT, I THINK THAT IS SOMETHING THEY ARE LOOKING AT AS WELL. I THINK THAT -- I KNOW THAT'S IN CONTRARY WHAT WE JUST HEARD BUT THAT PARCEL RIGHT HERE 109 ON THE OTHER SIDE, 67 IS LOOKING AT INDUSTRIAL SO YOUR NEIGHBORS WILL LOOK TO BE IN THE AREA AS WELL. I JUST WANT TO SAY THAT I AM IN

FAVOR OF THIS ACTION. THANK YOU. >> GOOD EVENING.

DAVID HAYNES, ON BEHALF OF THE APPLICANT. 5430 GLENN LAKES DRIVE, DALLAS TEXAS -- THANK YOU ALL FOR HAVING ME. I DO HAVE A PRESENTATION.

LET'S SEE HERE. DFW FASTEST GROWING CITY IN TEXAS AND POSSIBLY THE COUNTRY.

WE ARE SEEING HUGE GROWTH, EVERYBODY STANDS AT. CENTRALLY LOCATED IN THE UNITED STATES. A LOT OF PEOPLE MOVING HERE AND THAT REQUIRES GOODS TO BE MOVED AROUND AND SERVICES, SOLVENT SUPPLY CHAIN ISSUES EVERYBODY HAS BEEN FIGHTING THE LAST COUPLE OF YEARS. MIDLOTHIAN ESSENTIALLY LOCATED SOUTH OF DALLAS-FORT WORTH.

AND POSITIONED WHERE THE FUTURE HIGHWAY 360 IS BEING PROPOSED TO COME IN.

WHICH WILL BE COMING IN SOUTH OF MIDLOTHIAN BUT ALSO IN THE INTERSECTION WHERE PROPERTY IS, THIS MAP IS FROM -- FOR THE FUTURE HOW IMPROVEMENTS THEY WILL BE DOING FOR SPECIFICALLY SEMI TRUCK, THIS WOULD GIVE US A STRAIGHT SHOT TO THE AIRPORT AND ALSO QUICK ACCESS TO FORT WORTH AND DALLAS AND CREATE A FUTURE JOB CENTER. THE RAIL PORT AS YOU KNOW HAS BEEN GOING AND NEW BUILDINGS POPPING UP EVERY DAY. IT'S BEEN GREAT TO SEE THAT COME DOWN HERE SOUTH OF TOWN. FOR THE DEVELOPMENT COMMUNITY. WE ARE IN LINE WITH THE FUTURE LAND USE PLAN AND TRYING TO FIT INTO THE INDUSTRIAL THAT IS THERE.

WE HAVE KEPT IT TO MEDIUM LIGHT INDUSTRIAL AND SPOKEN WITH A VARIETY OF USERS, WE ARE TRADING PAPERS NOW WITH USERS THAT FIT THOSE ROLES NOW. BUT WANT TO GO AHEAD AND MOVE ON WITH THE ZONING FOR STAFF RECOMMENDATIONS AND VARIOUS MEETINGS.

IT'S COMMONLY SPOKEN WITH EDC AND ENGINEERING. UNDERSTAND THE OFF-SITE COST FOR IMPROVEMENTS OF "FORBES" ROAD HERE AND ALSO, THE WATER AND SEWER EXPANSION THAT WE NEED TO BE CREATED OUT THERE SO THE CITY CAN MAINTAIN THAT. IT WOULD BE A 12 INCH WATER LINE AND 10 INCH -- LINE EXTENDED FROM THE POWER WAVE INTERSECTION ALL THE WAY UP TO THE SITE. IT WOULD ADD VALUE TO THESE PROPERTIES HERE.

AND AT FUTURE EXPANSION FROM THE CITY THERE. THE DEPARTMENT SAYS YOU HAVE THE CAPACITY AND WILL BE ABLE TO DO IT. WE ARE ALSO AWARE OF THE FUTURE OF THE ALIGNMENT AND HOW THAT WOULD ADD MORE CONNECTIVITY TO GET TO 67 AND ALSO CONNECT THROUGH RAIL PORT HERE TO HAVE MULTIPLE MEANS OF ACCESS. OUR ORIGINAL FIGURES HERE WOULD

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IT ALLOWS FOR A MILLION SQUARE-FOOT BUILDING WHICH IS A BIG DEMAND TODAY FOR PEOPLE IN THE INDUSTRIAL WORLD. WE HAVE TWO USERS THAT HAVE IDENTIFIED WITH US THAT NEED THAT SIZE BUILDING.NE IS A DRUG MANUFACTURER AND RE-FABRICATION FACILITY WHERE YOUR HOUSEHOLD DRUGS, THEY BRING THEM AND CLEAN THEM, STORE THEM, REFURBISH THEM AND SEND THEM BACK OUT. THEY ARE MORE OF A UPS TYPE DELIVERY, NOT SEMI TRUCK NECESSARILY. THEN WE ALSO HAVE A MOTOR CONVERSION COMPANY, WHERE THEY CONVERT DIESEL MOTORS TO RUN OFF OF NATURAL GAS OR LIQUEFIED NATURAL GAS AND IS MOSTLY STORAGE AND THIS RATE HERE. LANDSCAPE PLAN IN ACCORDANCE WITH THE STANDARDS OF THE CITY AND THEN, WE SPOKE ABOUT THE ALIGNMENT THERE AND STANDARDS THERE.

AND THEN COME WITH THE FUTURE READ WE WOULD BE THERE, TO FIT ACCORDANCE WITH YOUR FUTURE LAND USE PLAN AND ALSO, BE ABLE TO MOVE VEHICLES PER STANDARDS. IF YOU HAVE ANY QUESTIONS, I'M

HERE TO ANSWER. >> COUNCIL? >> IN A SENSE, IT'S ALMOST LIKE TRUCKING LOGISTICS. THEY WILL HAVE TRUCKS EVERY DAY.

>> CORRECT. BECAUSE YOU DON'T KNOW THE USER YOU DON'T KNOW THE VOLUME OF

THE TRUCK IMPACT ON THE ROAD. >> CORRECT. AND THE PD WILL BE REQUIRED TO INDIVIDUALLY DO TIA, IF WE ARE DIFFERENT USERS AND BUILDINGS THERE WOULD BE REQUIRED TO DO

FULL STUDY AND BRING IT BACK TO PRESENT. >> AND ANSWER MY NEXT QUESTION.

HERE WE GO. >> IT'S BEEN GREAT TO WORK WITH THE STAFF TO GET TO THIS POINT.

>> PERHAPS I MISSED IT BUT, WHAT IS YOUR EXIT? >> WOULD ENTER OFF OF "FORBES".

WE WOULD HAVE TWO ENTRANCES. THESE WOULD BE 36 TO 40 FEET WIDE ENTRANCES HERE AND HERE.

ECAUSE OF THE PIPELINE, THAT COMES ACROSS YOUR PEER WE ARE WE ARE LIMITED TO ED TO TWO CROSSINGS BUT WE HAVE SECURED THAT RIGHT THROUGH THE TRANSFER.

THEN ALSO, COMING FROM THIS SITE IS TECHNICALLY VENUS AND THERE'S NO ROAD THERE.

NO THEREFORE PROPERTIES HAVE TO BE CROSSED FOR THAT TO HAPPEN. >> "FORBES" ROAD TOWARD VENUS

WAS ALL THE WAY DOWN TO 157? >> THAT IS CORRECT. THAT ROAD GETS TRICKY AS IT BOTTLENECKS IN DOWNTOWN VENUS AND HAS A VERY BAD CURVE TO GET THROUGH THERE AND SO I DON'T ENVISION TRUCK DRIVING GOING THROUGH THERE. I'VE DRIVEN THROUGH THERE AND

IS PRETTY TOUGH. >> JUST SAY NO, TRAFFIC ON 875 AND 663 IS HORRENDOUS.

>> I HAVE MET WITH VENUS SEVERAL TIMES ABOUT THE FUTURE USE OF THIS 218 ACRES HERE.

AND 124 ACRES HERE. THIS 124 ACRES IS BEING PROPOSED FOR INDUSTRIAL USE.

THEY ALSO HAVE A FUTURE RIGHT-OF-WAY CALLED VENUS PARKWAY THAT CONNECTS 67 COUNTY ROAD 109. VENUS INTENDS FOR THE ROAD TO PUNCH THE ROUTE TO CONNECT THIS BACK PARCEL HERE. THERE IN THE MIDDLE OF THE CITY OF VENICE RIGHT NOW THEY ARE IN THE MIDDLE OF FUTURE LAND USE PLAN. I'VE BEEN CONSULTED ON THAT AND SUGGESTING IT BE INDUSTRIAL AS WELL. I KNOW THEY'RE WORKING WITH THEM HERE TO GET A WATER LINE TO TAP AN ANSWER BY WATER FROM THE CITY.

>> IS "FORBES" ROAD THE CITY LIMITS? AND OR CITY LIMIT IS SOMEWHERE IN HERE. WE HAVE REZONED OTHER PROPERTIES ON HERE.

>> OR CITY LIMIT LINE IS THE PROPERTY LINE RIGHT HERE. IT GOES THROUGH THERE.

>> A COUPLE OF YEARS AGO WE REZONED ANOTHER PROPERTY INDUSTRIAL RIGHT THERE AND THEY

CAME AND SPOKE AND I THINK -- >> THE ONE SIDE OF THE ROAD IS NOT WITHIN THE CITY LIMITS.

THIS SECTION RIGHT HERE I THINK IS OUTSIDE THE CITY LINE. THIS SIDE OF THE ROAD IS IN THE

CITY LINE. >> WALTERS UP NEXT. >> I JUST WANT A LITTLE CLARIFICATION. CLARK ASKED THE QUESTION FIRST AND MAYBE I DIDN'T UNDERSTAND THE ANSWER OR THE QUESTION BUT THIS IS MORE OF A LIGHT MEDIUM INDUSTRIAL MANUFACTURING STYLE

[00:40:04]

>> NO, IT IS A BLEND OF -- WE HAVE MULTIPLE USERS LOOKING AT IT.

AND HONESTLY, DISTRIBUTION IS A MAJOR HEADACHE ON A LOT OF ROADWAYS.

AND I DON'T ENVISION THIS AS A MAJOR DISTRIBUTION TRUCKING OPERATION.

WE HAVE A TRUCKING USER WHERE THEY TAKE DIESEL MOTORS THAT HAVE 300,000 MILES ON THEM AND THEY TAKE THEM APART, RECONFIGURE THEM, RECALIBRATE THEM TO RUN ON LIQUEFIED NATURAL GAS. AND THEY ARE VERY PRIEST OF THE SITE WE HAVE A NATIONAL GAS LINE. THAT IS TO TEST THEIR MOTORS AND DO THAT.

THUS THE USER WILL TALK TO. JUST TO RECAP, THE TRAFFIC WILL SUPPORT THE BUSINESS AT THE FACILITY. IT'S NOT GOING TO BE IS AS INTERMODAL.

>> THAT IS CORRECT. >> QUESTION FOR STEPH, THIS POST ALSO THE BOUNDARIES OF OUR

TIRZ? >> YES OUTSIDE OF THE TIRZ. AND, THE PRIMARY MODE OF ENTRIES WILL BE THROUGH -- JONES WERE CURRENTLY? OR UP AND DOWN 875 TO 663?

COMING FROM HIGHWAY 67. >> YES SIR. THEN ONCE JONES IS ONLINE IT

WOULD BE THERE. >> THE PARKWAY GOES. [INAUDIBLE]

>> IT GOES TO POWER AWAY, THAT TENDED TO "FORBES". >> WAS THE E TALLEST BUILDING, WAS WAS THE HEIGHT? 75 TO 80 FEET? DO YOU KNOW WE I'M HAVING TROUBLE. APPARENTLY THE ONLY PERSON HERE WITH THE HEIGHT OF THE BUILDINGS AND I'M TRYING TO IMAGINE THE SEA OF 60+ FOOT TALL BUILDINGS IN THE AREA.

>> SURE. >> IS GOING TO TALK ABOUT THE HEIGHT AT SOME POINT.

MOSTLY BECAUSE I BEAT -- UP ABOUT 55 FEET AND I FEEL LIKE IF THAT'S MY BELIEF THAT THE INDUSTRIAL BUILDING SHOULD STAY THE HEIGHT, I SHOULD APPLY TO THIS PROJECT AS WELL.

ALONG WITH THE SIGN HEIGHT BECAUSE THE SIGN HEIGHT ALSO ALLOWS UP TO 60 FEET.

I'M ASSUMING THAT IS FOR THE BUILDING WAS READING TO THE ORDINANCE.

SO, I'M NOT A FAN OF THE 60 FOOT HIGH BUILDINGS. I WOULD LIKE THIS TO STAY AROUND 55 FEET. AND THAT'S MY FEELING WHERE, IF Y'ALL ARE OKAY WITH 55, WE ARE

OKAY WITH 55. >> YOUR THREE BUILDINGS? FOR BUILDINGS.

>> I LEAVE AT THE COUNCIL AND CITY ATTORNEY TO AMEND IT. >> YOUR FOUR BUILDINGS, HOPE I CAN ASK THIS QUESTION. DO THEY TEND TO BE THE SAME HUNDRED DIFFERENT HEIGHTS? BECAUSE ONE OF YOUR BUILDINGS IS A LOT SMALLER. YOU HAVE LIKE TWO OR THREE

DIFFERENT SIZES. >> YES, SIR. BILLING SIZE DOES VERY, 60 FOOT VARY IS BECOMING INDUSTRY AVERAGE FOR THE MILLION SQUARE-FOOT BUILDING TO ALLOW FOR PROPER DRAINAGE AND PITCH OFF THE ROOF. ALSO WITH MODERN TECHNOLOGY, AND STORING GOING VERTICAL, FORKLIFTS AND STUFF LIKE THAT, --

>> AND OTHER BUILDINGS WOULD YOU SPEAK TO THEM? >> GIVEN MY UNDERSTANDING OF THE INDUSTRY, IT'S PROBABLY IN THE MORE 35 TO 40 FOOT RANGE FOR THOSE BUILDINGS.

BASED ON THEIR SIZE. AND LAYOUT. >> QUESTIONS?

>> ONE MORE QUESTION, IT MIGHT BE TOO EARLY. WHAT PERCENTAGE OF THE EXTERIOR OF THAT MILLION SQUARE-FOOT BUILDING WOULD BE STANDARD DOCK DOORS?

>> THAT IS A QUESTION FOR THE FINAL USER. I DON'T KNOW THAT.

>> THAT WILL BE REQUIRED TO MEET ALL OF THE ARCHITECTURAL --

>> ARTICULATION STANDARDS, CORRECT. I WAS READING THROUGH.

ANY OTHER QUESTIONS OF THE APPLICANT? OTHERWISE WE WILL TAKE A

[00:45:04]

MOTION. >> A QUICK QUESTION. IS IS THE NORMAL PROCESS FOR US? DO WE NORMALLY DO ZONING, AND THEM BUILDINGS LATER?

OR IS IT USUALLY ALL IN ONE SHOT? >> WE HAVE DONE BOTH.

>> OKAY.

I WANT TO SAY SIMULATOR ONES WE'VE DONE, WE REQUIRE DETAILED SITE PLANS WHEN THERE SCHEMATIC IN NATURE. TRYING TO JUST GET A FOOT IN THE DOOR, SO HE KNOWS WHAT USES ARE ALLOWED, AND THEN ALLOW WITHOUT HIM KNOWING THE EXACT USERS AT THIS POINT, ALLOWING THEM TO COME IN AND BRING THE MARKET AND HAVE DETAILS APPROVED.

>> IS JUST CURIOUS TO PROCESS BECAUSE I REMEMBER, RECALL SEEING US DO IT THIS WAY A LOT.

> WE HAVEN'T DONE IT A LOT, YOU ARE CORRECT ON THAT, YES. BUT ON "FORBES" WHAT HE REALLY DID HAVE A GOOD IDEA, TYPICALLY WE HAVE A BETTER IDEA OF THE USER.HIS JUST KIND OF EASING

INTO THAT. >> UNDERSTOOD. >> IN NO WAYS IS UNCOMMON FOR

PD.LSO PROTECTS THE CITY BY LIMITING THE USES. >> YES WE WILL SEE THE SUP

LATER ON. >> PROXIMITY BUT WHAT WAS THE RECOMMENDATION OF OF P&Z?

>> IT WAS A FIVE ÃZERO APPROVAL. >> OKAY.> ONE LAST QUESTION.

>> SURE. >> IS THERE REASON, AND THIS IS WAY OUT OF LEFT FIELD TO GIVE CREMATORIUM BY RIGHT YOU SPIRIT IS A REASON FOR SUCH AN OBSCURE USE?

IN THIS AREA? >> THAT IS WHAT YOU ALL HAVE. WE ARE TAKING IT --

>> I DIDN'T SAY THAT WAS TAKEN OUT. >> IF WE COULD GO TO THE CITY

-- HE HAS THE CHART HERE. >> OKAY I MISUNDERSTOOD.> IS HERE.

IS LISTED AS A PROHIBITED USE. >> WE DON'T HAVE A LIST IN FRONT OF US WAS ACTUALLY INCLUDED. IN THE ORDINANCE IT JUST SAYS WHAT IS NORMALLY IN THE TABLE.

BUT I DON'T HAVE THE TABLE. SO, IT SAYS, IN ADDITION TO USELESS IT IS PERMITTED USE TABLE, NEEDING ADDITIONAL -- ACCORDING TO WHAT IS IN THE MEDIUM INDUSTRIAL DISTRICT

TABLE. >> SO, WE AGREE WE DO NOT NEED ANOTHER -- IN THIS AREA OR PET CEMETERY AND THINGS LIKE THAT. WE WILL BE OPERATING WHAT YOU SEE IN THE PD COLUMN.

IT WOULD BE SUP AND ANY OF THESE MANUFACTURERS, SUP, DATA CENTER, DISTRIBUTION AND PRIVATE FUELING CENTER. FOR EXAMPLE, OUR TRUCKING IS THAT NEED NATURAL GAS HAVE TO COME BACK AND FILL OTHER REQUIREMENTS OF THE CITY, LANDSCAPING, SECURITY, TO BE DOING THAT BUT IT WOULD NOT BE A TRUCK STOP FOR EVERYONE TO STOP.

>> SO, WHAT IN THE CHART WILL YOU BE ABLE TO PUT IN BY RIGHT WITHOUT A SUP?

>> NOTHING ON THIS LIST. WHAT IT WOULD ALLOW, IS BASED ON THE TABLE YOU SEE, THE CURRENT ONES IS LIGHT MEDIUM INDUSTRIAL.IT'S ALL THE OTHERS THAT ARE NOT LISTED AS SOMETHING PROHIBITED. WAREHOUSING, STORAGE FACILITIES, OUTSIDE STORAGE

PROPERLY GATED AND LANDSCAPED, THINGS LIKE THAT. >> IS NORMALLY LISTINGS WILL BE

PERMITTED BY RIGHT OUT THERE REGARDLESS. >> THAT FIT THE INDUSTRIAL.

AND AGAIN, THEY WILL COME BACK FOR DETAILED SITE PLAN. >> I'M READY TO MAKE A MOTION

IF WE ARE DONE. >> WE NEED A MOTION TO CLOSE. ANY OTHER QUESTIONS?

THANK YOU FOR YOUR TIME. >> MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION AND SECOND, PLEASE VOTE.

ITEM IS CLOSED, 7-0. DISCUSSION OR COMMENTS? >> I WOULD MAKE A MOTION TO

APPROVE IF WE ARE AT THAT POINT. >> WITH THE 55 FEET.

>> WITH THE 55 FEET CAPITOL STRUCTURE ANYTHING MOUNTED TO THE TOP OF THE STRUCTURE.

[00:50:01]

>> INCLUDING SIGNAGE. >> INCLUDING SIGNAGE. >> SECOND.

>> MOTION TO APPROVE AS PRESENTED WITH 55 FOOT LIMIT. ON ALL STRUCTURES INCLUDING SIGNAGE AND SECOND. PLEASE VOTE. ITEM PASSES 7-0.

[2022-516]

>> THANK YOU. AGAIN, THE NEXT CASE THE SAVINGS FOR AGENDA ITEM 2022 Ã 515 CASE NUMBER SUP25-2022-175 AND AGAIN IT IS FOR PROPOSED MULTIFAMILY DEVELOPMENT WITHIN

-- PHASE 2. >> THERE IS ONE SPEAKER. >> YES SIR.

AGAIN, TOTAL SITE FOR THE SUBJECT PROPERTY IS 17.35 ACRES.IT IS OWNED PD 146 AGAIN, WEST SIDE PRESERVE PLANNED DEVELOPMENT. AGAIN, JUST TO GIVE YOU A LITTLE BIT OF CASE HISTORY ON THIS. DECEMBER 2021, CITY COUNCIL MEETING CITY COUNCIL VOTED FOUR ÃONE TO APPROVE THE PLANNED DEVELOPMENT FOR THE WEST SIDE PRESERVE PD. YOU CAN SEE THE BOTTOM OF THIS IMAGE, THERE WERE TWO ALLOWED TO HAVE MULTIFAMILY. I'LL BREAK IT DOWN A SECOND. THE BOTTOM RIGHT CORNER WAS ALREADY APPROVED IN THE PD. IS ONE MULTIFAMILY, SECOND IN QUESTION WERE PRESENTING RIGHT NOW, IS AT THIS PROPERTY HERE WITHIN THE PD. WE'RE DOING A SPECIFIED -- THIS ALLOWS FOR COMMUNITY RETAIL AND/OR MULTIFAMILY. THE PROPOSAL RIGHT NOW IS MULTIFAMILY APARTMENTS. WE WANT TO MAKE NOTE THAT THE, THUS WE ARE REFERENCING.

THE SUBJECT PROPERTY ALLOWS FOR COMMUNITY RETAIL AND/OR MULTIFAMILY ON THE SITE.

I JUST WANT TO MAKE THAT NOTE AND AGAIN IS THE NEXT SLIDE JUST THE REVERSE OF WHAT WE

LOOKING AT, THIS CIRCLE HERE AT THE TOP. >> NOT TALKING ABOUT THE BOTTOM

CIRCLE? >> NOT TALKING ABOUT CIRCLE JUST TO HIGHLIGHT SOME OF THE MULTIFAMILY CHART. SORRY FOR ANY CONFUSION.SO AGAIN, DIVING INTO THE PRESENTATION THE APPLICANT PROPOSING TOTAL 294 UNITS CONSISTING OF EIGHT TOTAL APARTMENT BUILDINGS, ALBEIT MAXIMUM -- WITH THE EXCEPTION OF CLUBHOUSE WHICH IS THIS KIND OF PINK PORTION OF THE BUILDING HERE. TOTAL 294 UNITS AGAIN, ONE BEDROOM AND ONE BATH, 177 UNITS, 60 PERCENT TWO BEDROOM TWO BATH BEING 170 UNITS, 40 PERCENT. AMENITIES AND CLUBHOUSE AMENITIES, MANY CLUBHOUSE FITNESS CENTER, POOL, SPORTS COURT, WALKING AND JOGGING TRAIL AND COMMON AREA COMMUNITY SPACE. FOR THE INTERIOR WITHIN THE ACTUAL UNITS, HIGH CEILINGS, GRANITE COUNTERTOPS, WALK-IN CLOSETS. WE WILL DEFER TO THE APPLICANT IF THEY WANT TO ELABORATE MORE ON THE AMENITIES BUT THESE ARE MORE SO THE HIGHLIGHTS OF THE DEVELOPMENT. THE NEXT SLIDE DEPICTS A COMPARISON CHART FOR WHAT THE REQUIREMENTS ARE WHICH YOU SEE FOR THE CITY HERE IN THE SECOND CONVERSES WITH THE APPLICANT IS PROPOSING IN THE THIRD COLUMN AND IN THE FAR RIGHT-HAND SIDE REPRESENTS WHETHER THE APPLICANT IS ACTUALLY READING REQUIREMENTS OR NOT, AS YOU SEE, THE APPLICANT PRIMARILY IS MEETING ALL THE REQUIREMENTS WITH THE EXCEPTION OF BUILDING HIGH AND PARKING SO BUILDING HEIGHT, MAXIMUM REQUIREMENT IS TWO STORIES, APPLICANT IS REQUESTING 45 FEET AND THREE STORIES, THEN FOR PARKING, REQUIREMENT WILL BE 264 -- 132 DETACHED GARAGES AND 132 TUCKED UNDER GRUDGES THE APPLICANT IS PROPOSING 78 CARPORT SPACES AND 78 DETACHED GARAGES AND MANAGEMENT AND 75 BEING AREA PARKING SPACES. UNCOVER SPACES, WE WILL DIVE IS THAT LITTLE BIT MORE AS WELL. HE NEXT SLIDE IS DEPICTING LANDSCAPING FOR THE SITE, THE APPLICANT IS PROPOSING SUFFICIENT LANDSCAPING AND ALSO HARD TO TELL BUT THE BLUE LINE THAT GOES AROUND THE PROPERTY WILL BE SIX FOOT WITH MASONRY COLUMNS I BELIEVE EVERY 50 FEET. AND THE NEXT SLIDE DEPICTS THE ELEVATION RENDERING PRIMARILY CONSISTING OF STUCCO, BRICK AND SIDING. AND AGAIN, FOR PARKING, JUST THIS TABLE TO LEFT-HAND SIDE SHOWS THAT BREAK DOWN AGAIN. IT'S REQUIRED IN THE SECOND COLUMN THE CENTER COLUMN HERE, THE APPLICANT IS PROPOSING THE FAR RIGHT-HAND COLUMN, ATTACHED

[00:55:08]

WE DID RECEIVE THREE LETTERS OF OPPOSITION FOR THE PROPOSED DEVELOPMENT REQUEST AND THE PLANNING AND ZONING COMMISSION VOTED FOUR ÃONE TO APPROVE PENDING THAT THE APPLICANT MEET REQUIREMENTS OF THE PARKING WITHIN THE DEVELOPMENT FOR MULTIFAMILY AND STAFF IS RECOMMENDING APPROVAL PENDING THAT AGAIN THE APPLICANT MEETS THE REQUIREMENTS OF THE

PARKING. THE APPLICANT IS HERE. >> LISA HEALY.

>> HI, LISA HEALY, HUNDRED 18 MULLIGAN DRIVE. THANK YOU FOR GIVE ME TIME TO SPEAK ON THE MATTER. I WAS ACTUALLY AT THE ZONING AND PLANNING MEETING.

FOR THIS. THEY DID VOTE IN FAVOR FOUR Ã ONE.

THERE WAS A FAMILY WHO CAME AND SPOKE. AND I THINK WHENEVER P&Z APPROVES SOMETHING, PEOPLE THINK IT IS -- THEY SHOULD NOT COME TO THE CITY COUNCIL MEETINGS. SO, THEY LIVE IN THE AREA. THIS APARTMENT COMPLEX IS GOING TO FEED RIGHT INTO 287. THEIR CONCERN IS ABOUT TRAFFIC. FOR THEM, ESPECIALLY THE FACT THAT THEY WANT SO MANY SPOTS. ND NOT HAVING THE GARAGE, IT ALLOWS FOR MORE CARS TO BE GOING ON TO 287. THAT AREA 287 RIGHT NOW, IS A NIGHTMARE.

BECAUSE WE HAVE PRAIRIE RIDGE AROUND THERE, AND THERE TXDOT IS DOING WORK BUT THERE IS NO CURRENT PLAN FOR TRAFFIC FLOW. FOR THIS APARTMENT. THE ENGINEER SPOKE AT P&Z, AND THEY SAID TXDOT WILL DO SOMETHING. BUT THERE IS NO SET PLAN.

AND THIS IS WHAT I'D MENTIONED EARLIER IN MY PUBLIC COMMENT. WE HAVE TO LOOK AT THESE THINGS HOLISTICALLY. AND WHAT IT DOES TO EVERYONE IN THE CITY OF MIDLOTHIAN.

I THINK LIKE EVERY DAY, YOU GO ON FACEBOOK, AND THERE IS A COMMENT ABOUT THE TRAFFIC ON 287 AND IF WE ARE TO PUT IN APARTMENT BUILDINGS, I JUST DON'T UNDERSTAND HOW WE ARE MANAGING OUR GROWTH. THE OTHER PART OF IT IS, THIS IS NOW IN THE FUTURE USE COMPREHENSIVE PLAN AND THE LAND USE PLAN. THIS WILL BE SUBURBAN LOW DENSITY. HOW IS MY NEIGHBOR, AND URBAN MEDIUM DENSITY AND I HAVE HOUSES, AND THIS APARTMENT COMPLEX IS GOING TO BE SUBURBAN LOW DENSITY.I JUST DON'T GET IT. ARE WE STRETCHING OUR DEFINITIONS OF THINGS? WITH OUR COMPREHENSIVE PLAN AND OUR LAND USE PLAN? I JUST AM VERY CONFUSED.

AND MAYBE I'M NOT EDUCATED ENOUGH. IT JUST DOESN'T SEEM RIGHT AS AN INDIVIDUAL. I JUST REALLY HAVE A LOT OF CONCERNS WITH TRAFFIC, I THINK IT CAN BE REALLY DANGEROUS. AND ONE FINAL THING, IN THE PLAN, THEY DO NOT WANT TO DO THE GARAGES. BECAUSE INSTEAD OF THE GARAGES, THEY WANT TO HAVE A PUTTING GREEN, A PET WASHING STATION, LIKE MORE GREEN SPACE BECAUSE SUPPOSEDLY, THAT'S MUCH MORE ATTRACTIVE TO TENANTS, FUTURE TENANTS. BUT WE HAVE THAT WORKSHOP THE OTHER NIGHT, ABOUT THE PARKS. AND HONESTLY, IF THE CITY IS GOING TO HAVE A PLAN ABOUT PARKS, THEN LET'S FOCUS OUR PLAN ABOUT THE PARKS, AND HAVE THE GARAGES THAT ARE REQUIRED

[01:00:01]

UNDER OUR ORDINANCES, THANK YOU. >> OF THE APPLICANT WISH TO

SPEAK? >> GOOD EVENING, MAYOR AND CITY COUNCIL I APPRECIATE YOUR TIME MY NAME IS MARK WITH CROSS ARCHITECTS, 879 JUNCTION DRIVE ALLEN TEXAS.

I'M HERE REPRESENTING THE DEVELOPER TONIGHT. EVERY PRESENTATION TO SHARE WITH YOU. I WANT TO TALK ABOUT ONE ITEM FIRST OFF AS WAS MENTIONED WE'VE BEEN DEALING WITH DILIGENTLY SPEAKING WITH STAFF IN THE LAST SIX MONTHS WORKING ON THE PROJECT AND PRESENTATION. I WANT TO POINT OUT THAT THIS TRACK WE ARE SPEAKING ABOUT IS ALREADY ZONED AS SUP SUPPORT THE 302 MULTIFAMILY UNITS.

WE'RE JUST COMING BEFORE YOU TO PRESENT A SPECIFIC PROJECT BECAUSE YOU ARE THE END-USER AND WE ARE LOOKING TO SLIGHTLY LOWER THAT 302 UNIT COUNT. I KIND OF WANT TO TALK STARTING OFF ON THE SITE PLAN HERE. A COUPLE OF THINGS I WANT TO TALK ABOUT.

LIKE I SAID, WE WERE WORKING DILIGENTLY WITH COLBY AND STAFF AND SOME OF THE MAJOR ITEMS WE BEEN HEARING BACK, THE CITY HAS CONCERNS WITH PARKING BEING EXPOSED TO RIGHT OF WAYS, PARKING LOTS BEING VISIBLE FROM ROADS AROUND IT. JUST KIND OF SCREENING THE PARKING. YOU WILL NOTICE HERE ON THE TOP OF OUR SITE, THE FIRST, WE PURPOSELY ANGLED THEM AND EXTENDED THIS BUILDING AS WELL. IN ORDER TO JUST SHIELD OUR PROJECT TO THE SOUTH FROM THE HIGHWAY ON THE RIGHT AWAY IT'S BEEN A BIG COMMENT WE'VE GOT BACK FROM CITY STAFF. WE BEEN ADDRESSING THAT. ONE OF THE OTHER ITEMS THAT WE ADDRESSED I WILL SKIP FORWARD HERE ON THE SLIDE A LITTLE BIT. RENDERINGS.WE PROPOSED A RENDERING AT YOU NOTICED THAT BEFORE WE MADE IT TO P&Z AT THE DRC LEVEL.

THE RENDERING WAS YOU KNOW, ALL THE CITY REQUIREMENTS WERE MET BUT STAFF JUST WANTED TO SEE SOMETHING NEW, SOMETHING FRESH, SOMETHING DIFFERENT BEING BROUGHT TO THE CITY, WHERE BEING PULLS THE LIBRARY WE BEEN IN BUSINESS 20 YEARS NOW. HE WORKED EXTENSIVELY IN THE STATE OF TEXAS AND WE GAVE THEM LARGE LIST OF RENDERINGS THAT WE'VE DONE ON PAST PROJECTS AND THIS IS ONE OF THE ONES THAT STAFF REALLY KIND OF GRAVITATED TOWARD AND WE HAVE THIS RENDERING HERE. WE THEN TOOK THAT RENDERING CREATED ALL FOUR ELEVATIONS JUST TO SHOW CITY AND STAFF AND COMMISSION, P&Z THAT WE WANT TO BRING SOMETHING TO THE CITY THAT WE ALL SUPPORT THAT WILL BE HIGH IN QUALITY. ESSENTIALLY, THIS IS ELEVATION, IT IS BEEN STAFF SELECTED. ALSO WANT TO TALK ABOUT JUST KIND OF THE HIGH-END ITEMS WILL BRING THAT COLBY CONNOR BRIEFED ON. WE FEEL LIKE AMENITIES IS A HUGE SELLING POINT. FOR ANY APARTMENT COMPLEX. YOU CAN HAVE THE NICEST UNITS, THE MOST AFFORDABLE RENT RATES AND THOSE KIND OF THINGS DON'T REALLY MATTER IF YOU DON'T HAVE THESE AMENITIES TO ENTICE THE TENANTS. SOME OF THE BIG ONES WE FOCUS ON, THE LUXURY STYLE FITNESS CENTERS. WE REALLY WANT TO RENT AN APARTMENT WITH US WE WAY TO RIP UP YOUR GYM MEMBERSHIP THAT'S THE GOAL.

THE POOL WE WILL DESIGN THE IMAGE DONE HERE IN THE BOTTOM RIGHT, THIS IS AN EXISTING PROJECT THAT WE BUILT IN THE CITY OF -- YOU CAN KIND OF SEE SOME PROJECTS WE BUILT IN THE AREA WE BUILT IN WILLOW PARK, CLEBURNE, FORNEY, LETTER CITIES IN THE SURROUNDING AREA GIVE OR TAKE. ADDITIONALLY, THE PARK WESTSIDE PROJECT WE TALKED ABOUT A MINUTE AGO THAT IS IN THE FAR EAST CORNER OF THE PD, THAT IS ALSO OUR PROJECT, WHERE THE ARCHITECT ON BOARD WITH THAT. THE SAME DEVELOPER THAT BUILT THE PROJECT IS ALSO THE ONE PROPOSING THIS ONE. I ALSO WANT TO TALK ABOUT A COUPLE OF OTHER THINGS.

WE ARE INTENTIONALLY ONLY PROPOSING ONE AND TWO-BEDROOM UNITS FOR THIS PROJECT.

THAT IS DONE INTENTIONALLY IN ORDER TO NOT TAX THE SCHOOL SYSTEM.

WE FIND THAT -- >> IS AND UNDERSTAND WHAT HE SAID.> WERE INTENTIONALLY ONLY BUILDING ONE AND TWO-BEDROOM APARTMENTS HERE. THERE WILL BE NO THREE-BEDROOM APARTMENTS. THAT WAS DONE SPECIFICALLY WITH THE SCHOOLS IN MIND NOT WANTING TO TAX THE SCHOOL SYSTEMS, WITH ALL THE DEVELOPER AND THUS COMING INTO TOWN RIGHT NOW WITH THE PD WE ARE TALKING ABOUT. THE MULTIFAMILY PROJECT THAT I'M SPEAKING ABOUT, PARK WESTSIDE THERE'S JUST A LOT OF NEW FAMILIES COMING AND WE DON'T WANT TO OVERTAX THE SYSTEM. SO WE ARE BEING MINDFUL OF THAT.

ALSO WANT TO TALK ABOUT THE PARKING THAT WAS BROUGHT UP. I THINK THAT'S A MAJOR TALKING

[01:05:09]

WE MENTIONED THAT STAFF REALLY WANTS US TO ADHERE 100 PERCENT TO THE PARKING ORDINANCE.

WE HAVE MATCHED THE CURRENT PARKING SHOWING THE LAYOUT MATCHES THAT PARK WESTSIDE PROJECT THAT IS UNDER CONSTRUCTION AND STAFF ALREADY APPROVED THAT P&Z AND CITY COUNCIL. WE CAME IN WITH THE FIRST FOOT JUST OFFERING THAT SAME RATIO WHICH IS WHAT WE ARE CURRENTLY SHOWING. ON THIS SLIDE HERE, WHAT WE HAVE DONE, AND IT MIGHT BE HARD TO READ ACTUALLY, I PHYSICAL COPIES, IS IT OKAY IF I APPROACH AND HANDLE THE COPIES, SO I WILL CAN FOLLOW ALONG WITH WHAT WE ARE PROPOSING? [INAUDIBLE] WHAT WE ARE DOING IS, WE'RE STAFF RECOMMENDATION, THEY ARE CONCERNED WITH THE FACT THAT WE ARE ONLY SHOWING 100 PERCENT COVERED PARKING ESSENTIALLY, IS WHAT THE ORDINANCE CURRENTLY REQUIRES. 100 PERCENT OF THE UNIT COUNT.

IT IS SPLIT UP INTO THREE CHUNKS. 25, 25 AND 50 BEING TUCKED UNDER ATTACHED AND DETACHED. WE ARE CURRENTLY PROPOSING 25 PERCENT CARPORTS AND 25 PERCENT DETACHED GETTING US TO 50 PERCENT INSTEAD OF THE FULL 100 PERCENT.HE HEAVIER FRONT OF YOU, IS THE FIRST THREE LINE ITEMS RIGHT HERE EXISTING PROJECTS IN THE CITY OF MIDLOTHIAN TODAY. AND WE ARE SHOWING THE RATIOS AS YOU CAN SEE OF THE COVERED, UNCOVERED AND DETACHED PARKING EXISTING IN THE CITY OF MIDLOTHIAN.

YOU WILL SEE THERE IS NOT A SINGLE PROJECT IN THE CITY RIGHT NOW COMPLYING WITH THE ORDINANCE AS WRITTEN. WE DO UNDERSTAND THERE ARE RATIOS THAT WE ARE SHOWING ONLY PROVIDING 50 PERCENT, WE ARE PROPOSING THIS. WE WANT TO ADD ADDITIONAL DETACHED GARAGES, AND WANT TO ADD A SIGNIFICANT AMOUNT OF CARPORT PARKING.

THAT WILL BRING US UP TO 76 PERCENT OF PARKING OF THE UNIT COUNT WILL BE COVERED.

THERE IS THE HIGHEST COVERED PARKING PROJECT IN THE CITY OF MIDLOTHIAN TO DATE.

THAT IS JUST AS HEARING FEEDBACK FROM STAFF. STAFF AND COMMISSION AND ZONING JUST WANT TO LET YOU KNOW THAT WE ARE HEARING YOUR FEEDBACK AND WE REALLY WANT TO JUST MAKE SURE THAT WE ARE BRINGING SOMETHING AMAZING TO THE CITY TAKING INTO ACCOUNT YOU KNOW, THE SCREENING WE ARE TALKING ABOUT, PARKING REQUIRED, NOT TAXING THE SCHOOL SYSTEMS. YOU KNOW ALL THE ITEMS TOGETHER JUST AN AMAZING PRODUCT. I WANT TO GO BACK A LITTLE BIT, I THINK THAT COVERS THE ITEMS, THE HOT ITEMS THAT WERE BROUGHT UP DURING LAST MEETING.

AND YET, IF YOU HAVE ANY QUESTIONS FOR ME, LIKE I SAID, ON THE ARCHITECT OF RECORD SO FAMILY QUESTIONS BIG OR SMALL I SHOULD BE ABLE TO HELP OUT AND ANSWERING.

>> ANY APPLICANT QUESTIONS, COUNCIL? >> THANK YOU FOR YOUR TIME,

APPRECIATE IT. >> JUST WANT CLARIFICATION WHEN WE SAY 100 PERCENT COVERED

PARKING, ARE TALKING ABOUT JUST THE CARPORT OR GARAGES? >> OUR ORDINANCES REFERENCING GARAGES. WE DON'T REQUIRE CARPORTS, THAT IS JUST SOMETHING FOR

SUBSTITUTE. >> IS NECESSARILY -- 76 PERCENT OF STANDARD IS JUST COVERED PARKING COMPARED TO THE OTHER PROPERTIES THAT HAVE ALREADY BEEN DEVELOPED.

>> YES SIR. >> IN THIS PD ON THE FAR EAST CORNER OF THE OTHER CIRCLE, THAT IS READY MULTIFAMILY AND APPROVED AND GOOD TO GO. THE SPECIFIC PIECE OF PROPERTY IS BEGINNING TO COMMUNITY RETAIL OR MULTIFAMILY, THOSE ARE TWO OPTIONS.

>> AND OR APPEAR TO BE BOTH OR ONE. >> WHAT, IF ANYTHING CAN GO IN

BY RIGHT, RIGHT NOW? >> MULTIFAMILY BETWEEN THE TWO USES, MULTIFAMILY ZONING REQUIRED TO COME TO P&Z AND COUNSEL FOR SUP. COMMUNITY RETAIL, CONSISTENT

[01:10:02]

>> PROBABLY LOADED QUESTION HERE. YOU PROBABLY DON'T KNOW THE ANSWER BUT DO WE KNOW THE PERCENTAGES MULTIFAMILY CURRENTLY REPROVED IN THE CITY?

>> I CAN'T GIVE YOU FULL DETAILED ANSWER I CAN TO EXISTING CONSTRUCTED, WE ARE AROUND 12 PERCENT CITYWIDE. AROUND 12 OR 13 PERCENT CITYWIDE.

FULLY -- DOES ANSWER THE QUESTION? >> I THINK THAT'S GOOD.

>> A COMPREHENSIVE PLAN HAVE A RECOMMENDED PERCENTAGE THAT WE STAY WITHIN?

>> THAT'S WHAT WAS ABOUT TO SEGUE INTO. >> ELLIOTT THE INFO IF YOU HAVE

IT. >> AGAIN WE HAVE PARCEL NUMBERS THE OUTER LOOP WE MAY NOT HAVE DETAILED BUT I CAN PROVIDE YOU NUMBERS. AGAIN, COUNCILMEMBER KAUFMAN, CITYWIDE AROUND 13 PERCENT JUST FOR CONSTRUCTED. THAT IS NOT CONCLUDING -- JUST ON THE GROUND RIGHT NOW, 12 OR 13 PERCENT RANGE. FOR SEGUE INTO A COMP PLAN, YES, YOU'RE RIGHT WE DO HAVE SOMETHING. WE WANT TO MAINTAIN THE RATIO OF THAT, WANT TO MAINTAIN FIVE PERCENT WITHIN THE AREA. THAT IS KIND OF GOING AROUND EAST OF, SORRY, I WROTE IT DOWN. FORGIVE ME, I DON'T HAVE THE VISUAL. THIS IS -- SORRY. MAINLY OUR INNER LOOP IS MAINLY THE -- WITHIN THIS INTERLUDE, WE WANT TO MAINTAIN FIVE PERCENT MULTIFAMILY WE WILL WANT TO EXCEED THAT. ODDLY WE WENT 10 PERCENT. WE DON'T WANT TO EXCEED THAT.

SO, AGAIN, CITYWIDE WE AROUND 12 TO 13 PERCENT RANGE THAT WE ARE TALKING ABOUT A SECOND AGO.

AND WE REFLECT EXISTING DEVELOPED WITHIN THE INNER LOOP AREA.

EVEN THOUGH THIS IS ON THE OUTER LOOP, AND THE INNER LOOP WE ARE AT INCLUDING TOWNHOMES, ROUGHLY AROUND 20 ACRES. THE OUTER LOOP IS LITTLE MORE RESEARCH THE COUSINS THAT WHICH IS WHERE WE DON'T HAVE IT RIGHT NOW. THEN THIS IS THE MAP THAT WE ARE REFERENCING. KIND OF THE CORE AREA OF DOWNTOWN, THE CITY AGAIN, AND

EVERYTHING ELSE OUTSIDE OF THIS HERE IS THE OUTER LOOP. >> THE PERCENTAGES REPRESENT

THIS LOSER BUILT AND OPERATIONAL. >> EXISTING CONSTRUCTED.

>> OTHERS OUT THERE INCLUDING THE ONE ON THIS PIECE OF PROPERTY APPROVED.

>> YES SIR. >> GO BACK TO YOUR LAST ONE. ON THE WEST SIDE, WHAT IS THE

PERCENTAGE IN THE AREA? >> THE WEST SIDE. YEAH, THE WHOLE AREA.

HOW MANY HOMES THERE AND WHAT PERCENT ARE PROPOSED TO BE MULTIFAMILY?

>> I CAN'T TAKE A PERCENTAGE. CAN TAKE EVERYTHING WITH THE EXCEPTION OF -- SORRY, OKAY THESE TWO AREAS HERE THIS IS GUARANTEED MULTIFAMILY. THAT'S ALREADY BEEN APPROVED IN THE PD. THIS AREA IS WHAT BEING PRESENTED RIGHT NOW.

IF IT IS MULTIFAMILY, THAT WILL BE THE ONLY TWO THAT ALLOW MULTIFAMILY.

EVERYTHING ELSE WITHIN THIS WESTSIDE RESERVE, IS GOING TO BE SINGLE-FAMILY WITH THE EXCEPTION OF THIS PURPLE AREA. THOSE ARE TOWNHOMES. THOSE ARE --

JUST ONE SECOND. >> MORE THAN A THOUSAND.> YES, FOR SURE.

>> MIGHT BE OVER 1000. SINGLE-FAMILY IS NOT OVER 1000. EITHER TOTAL OR SINGLE-FAMILY.

>> ONE THING A WAY TO KEEP IN MIND, BECAUSE JUST KEEP THIS IN MIND SO WE'LL GET OFF TRACK.

WE DEAL WITH THE PD WHERE WE HAVE APPROVED MULTIFAMILY WITH THE SUP AS WELL AS A COMMUNITY RETAIL. WHAT WE SHOULD REALLY BE FOCUSING ON IS WHETHER OR NOT, BECAUSE OF THE SUP, THE CONDITIONS, IF YOU APPROVE THE CONDITIONS FOR THAT MULTIFAMILY. IT'S WHAT WE SHOULD BE FOCUSED ON VERSUS WHETHER YOU WANT

APARTMENT OR NOT. >> ALSO, IF YOU HAVE TWO-STORY AS OPPOSED TO THREE --

[01:15:09]

>> AGAIN, FOCUSING ON THE APARTMENTS AS A WHOLE WHETHER OR NOT YOU WANT TO PROVE IT TO

THE SUP PROCESS WITH CONDITIONS PRESENTED BEFORE YOU. >> CANNOT QUESTION WHAT YOU JUST ASKED? HE SAID NOT IF YOU WANT APARTMENTS ARE NOT.

>> RETAIL CAN GO THERE OR SOMEONE CAN COME BACK WITH ANOTHER PROPOSAL FOR APARTMENTS

WITH THE SUP. >> MY QUESTION ALSO FOR -- WHY ARE WE DOING IT THIS WAY?

WAS THE SUP, DO WE DO A SUP FOR THE OTHER APARTMENTS? >> THE TOWNHOMES WERE SUP

THOUGH. ON THE OTHER SIDE. >> IT ALLOWS THE COUNCIL, SAID TO BE RIGHT ALLOWS THE TRANSIT TO HAVE THE ABILITY TO HAVE DISCUSSION AS FAR AS YOU KNOW,

WHAT YOU WANT TO SEE AS IT RELATES TO THE APARTMENTS. >> COUNCIL OF THE CODE IF IT COMES UP 14 TIMES, SAY NO 14 TIMES TO USE AND FORCE RETAIL USE OR SOMETHING.

>> MISLEAD THE DEVELOPER. >> I JUST UNDERSTAND WHY IT WAS INCLUDED.

WHY WAS OPD DONE IN THIS ONE AREA? >> MAY I SPEAK? I REPRESENT THE OWNER OF THE PROPERTY. [INAUDIBLE] WE OWN IT, WE HAD A CONTRACT -- AND I THINK THE CASE THAT CAME JUST BEFORE US IS A VERY GOOD EXAMPLE FOR US ALL TOGETHER, TO SEE EXACTLY WHY, TO ANSWER QUESTION PERHAPS DIRECTLY, AND I THINK MR. KAUFMAN ALSO EARLIER ASKED THE OTHER APPLICANT, WHY ARE YOU COMING IN AND ASKING FOR ZONING, BUT YET, ALL OF THE USES IN THE PRIOR CASE, EVERYONE REQUIRED IN SUP.

THE REASON IS YOU CAN HAVE USUALLY APPEARED WHEN WE CAME IN IN DECEMBER, WE HAD OUR EASTERN TRACK UNDER CONTRACT WITH A USER IN FACT WE'D ALREADY BEEN WORKING WITH STAFF. TO THE POINT WHERE WE ARE RIGHT NOW.

WE INCLUDED IN THE ZONING CASE TO SAY SOME OF YOU ON THE COUNCIL.

SOME WEREN'T. WOULD YOU APPROVE BY RIGHT COUNSEL DID.

THIS TRACK AT THAT TIME, WE DIDN'T HAVE A USER SO WE DID HAVE SITE PLAN WE DIDN'T HAVE ELEVATIONS, WE WEREN'T SURE WHAT WE WERE GOING TO DO SO WE ASKED OKAY, CAN WE PUT MULTIFAMILY THERE AND CAN WE LIMIT IT TO COME I THINK WE ASKED FOR 350 UNITS.

THE COUNCIL SAID NO, HE CAN LIVE 302. AND THAT'S WHAT THEY GAVE US.

THAT ZONING, BUT REQUIRES TO COME BACK WITH A SUP WHICH IS APPROVED SITE PLAN INNOVATIONS WHICH IS WHAT WE'VE DONE, AND THE APPLICANT, I SAY WE BUT THEY ARE THE APPLICANT.

IS ASKING FOR VARIANCES. WHAT IS PARKING AND ONE IS ON THE HOOD OF THE BUILDING.

I BELIEVE TO MY KNOWLEDGE, THE SITE IS OWNED AND APPROVED FOR MULTIFAMILY.

I THINK -- DON'T MIND ME CALLING BY YOUR FIRST NAME. WALTER.

COULD WE TURN IT DOWN 18 TIMES. THAT'S A GOOD QUESTION. I DON'T EVEN KNOW THE ANSWERS THAT BECAUSE I WONDERED THAT TODAY BECAUSE FRANCIS, IF I CAME BACK IN AFTER THIS, AND SAID OKAY, WE WILL ADHERE TO THE TWO-STORY, EVEN THOUGH THE COUNCIL IS GOING THREE-STORY, WE JUST TALKED ABOUT THAT. WE WILL LIMIT IT AND PUT ALL TALK UNDER GARAGES AND WE SHOW IT TO YOU, CAN YOU TURN IT DOWN? I REALLY DON'T KNOW AND I'M NOT CHALLENGING THE COUNCIL ON THAT BECAUSE I HONESTLY DON'T KNOW. WHAT WE ASKED THE BUYER TO DO IS BRING A HIGH QUALITY PRODUCT TO THE COUNCIL, AND THUS WE STRESS BECAUSE THAT'S WHAT, WE OWN THE ENTIRE 500 ACRES. WHEN IT GOES TO THE ENTITY AND THE AMOUNT OF PEOPLE THERE, I WANT TO RUN THE COUNCIL, WE HAVE A 100 ACRE GREEN SPACE AND PARKED.

RICK MILES OF TRAILS NUMEROUS PROGRAMS AND AMENITIES IN THIS COMMUNITY.

I TRY TO LISTEN AND NOT DIRECTLY RESPOND BUT IT MADE ME THINK, WHAT KIND OF DENSITY DO WE HAVE OVERALL IN THE HALL 500 ACRES. WE DON'T COME OUR DENSITY IS NOT THAT HIGH. I THINK WE COMPARED TO SOME OF OUR OTHER SUBDIVISIONS AND IF I

[01:20:07]

WE ACKNOWLEDGE THAT. I DON'T KNOW, I MIGHT BE RAMBLING A LITTLE BIT.

I'M HERE TO ANSWER QUESTIONS AS WELL, IF YOU HAVE ON THE ANGER OF THE PROPERTY BUT NOT THE

APPLICANT. I DON'T KNOW. >> THAT DIDN'T HURT.

>> QUESTIONS OF STAFF OR APPLICANTS OR ANYTHING ELSE? >> MAKE A MOTION TO CLOSE THE

PUBLIC HEARING. >> SECOND PEER. >> MOTION TO CLOSE A PUBLIC HEARING AND SECOND. PLEASE VOTE. WITH CLOSE, 7-0.

ANY COMMENTS FIRST? I HAVE PROBLEMS WITH THE THREE STORIES AND THE HEIGHT FOR VARIOUS REASONS BY MY COUNT YOU'RE TALKING ABOUT 100 UNITS DIFFERENCE WHICH WILL AFFECT THE RATIO. WE HAVE OTHER EXAMPLES OF THREE AND FOUR STORY APARTMENTS UP AND DOWN THE HIGHWAY. AND THE PARKING. IT'S KIND OF A RAMBLING

STATEMENT. ANYONE WAS TO JUMP OFF OF IT. >> THE ONLY THING I'LL SAY IS THAT I DON'T LIKE HOW THEY GOT TO THE PERCENTAGE OF COVERED PARKING.

I UNDERSTAND WE HAVE OTHER DEVELOPMENTS LIKE IT IN THE AREA BUT HINDSIGHT IS 2020 AND JUST BECAUSE WE MADE A MISTAKE ONCE OR TWICE DOESN'T MEAN WE SHOULD KEEP MAKING THAT SAME MISTAKE. SO, I WOULD LIKE TO HOLD IT TO ORDINANCES ON THE COVERED

PARKING. >> IS LITTLE THE ORDINANCE ON HEIGHT.> I AGREE WITH THE STATEMENTS. I CAN'T GET BEHIND IT PERSONALLY.

BUT THERE'S A LONG HISTORY OF QUALITY DEVELOPMENT. I'M STRUGGLING WITH MULTIFAMILY PERIOD. SINCE WE CAN'T DO THAT, THE BUILDING HEIGHT, THE

MULTILEVELS AND PARKING IS A BIT MUCH FOR ME. >> I MUST MAKE SOME CLARIFICATION OF HAD SOME TIME OFF BUT WE ARE NEVER REQUIRED TO APPROVE --

>> UNLESS YOU WANT TO GO INTO EXECUTIVE SESSION FOR LEGAL ADVICE, I DON'T WANT TO HAVE THE DISCUSSION I HEAR HAPPY TO DO THAT BUT I JUST WILL SAY THIS.

THIS AREA HAS A READY BEEN APPROVED FOR MULTIFAMILY WITH SEP SO YOU HAVE WITH SUP OR FOR THE COMMUNITY RETAIL BY RIGHT SO YOU HAVE A LOT MULTIFAMILY IN HERE WITH THE SUP.

TO GO BACK TO THE BASICS OF WHAT IS THE PURPOSE OF THE SUP? THE PURPOSE IF YOU LOOK AT WHEN WE DO THEM IS TO CONTROL SECONDARY FROM THE BUSINESSES. YOU KNOW WHEN WE LOOK AT TRAFFIC, PARKING, AND IS A SECONDARY EFFECTS, WE PUT CONDITIONS ON THE SUP TO PREVENT THE UNDERLYING ZONING. OR PUT VARIANCES, REQUIRE ADDITIONAL LIGHTING, ADDITIONAL PARKING. THUS THE PURPOSE, TO GIVE FLEXIBILITY FROM THAT BASE ZONING. IF YOU START WITH THE BASE ZONING ELABORATE THEY HAVE THE SUP OKAY BECAUSE OF THIS AREA WE NEED ADDITIONAL YOU KNOW LIGHTING, ADDITIONAL AGAIN, THINGS THAT WILL CONTROL WHAT WILL AFFECT THE SECONDARY EFFECTS OF THAT.

BUT HE HAD TO START WITH IT'S BEEN APPROVED BY RIGHT WITH A SUP PEARDON WAS CONFUSING BUT

-- >> WE'VE NEVER BEEN FORCED TO APPROVE A SUP.

>> BUT WE'VE ALWAYS HAD CONDITIONS ON WHICH WE COULD SAY NO, AND IN THIS CASE, IF

I'M CORRECT, WE HAVE TWO POINTS HERE. >> YOU ARE CORRECT AND THE

POINTS ALREADY MENTIONED. >> WE CAN TURN DOWN. SO, COUNCIL?

>> ARE YOU READY FOR A MOTION? >> I AM. >> MOTION TO DENY.

>> SECOND PEER. >> MOTION TO DENY, SECONDED. PLEASE VOTE, YES IS THE ITEM WILL BE DENIED BY COUNSEL. 7-0, DENIED. THANK YOU FOR YOUR -- THAT IS

[2022-517]

ITEM 2022-517 CONSIDER AND ACT UPON A REQUEST FOR THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS FOR B1 3.46 ACRES IN THE PROPOSED HAWKINS MEADOW ADDITION, LOT 4A, 4B AND 4C, BLOCK 7, OUT OF THE MARCELLUS T. HAWKINS SURVEY,

[01:25:01]

BETWEEN FM 663 AN4TH STREET . >> THANK YOU.

THE LAST CASE THIS EVENING AGENDA ITEM 2022 Ã517 CASE NUMBER SP13-2022-176.

AGAIN, THIS IS FOR A PROPOSED SITE PLAN OF REVIEW FOR HAWKINS MEADOWS.

AGAIN, THIS IS FOR PROPOSED WITHIN HAWKINS MEADOWS -- DEVELOPMENT LOCATED TO THE SOUTH OF HAWKINS RUN ROAD BETWEEN FM 663 AND 14TH STREET. 4.65 ACRES OF LAND IS CURRENTLY UNDERDEVELOPED AND THIS IS WITHIN HAWKINS MEADOWS PD PLANNED DEVELOPMENT 68.

AT THE JULY 23 2019 CITY COUNCIL MEETING, CITY COUNCIL VOTED TO APPROVE THE PD HOWEVER RESIDENTIAL SITE PLANS REQUIRED TO BE REVIEWED BY P&Z AND COUNSEL WHICH IS WHY THIS IS BEFORE YOU THIS EVENING. THE NEXT SLIDE DEPICTS A SITE PLAN.

PROPOSED MULTI TENANT RETAIL BUILDING, 21,270 SQUARE FEET TOTAL.

COMMUNITY RETAIL IS PROPOSED. 28 FEET IN HEIGHT AND APPLICANTS PROPOSING 113 PARKING SPACES. WE DO WANT TO NOTE DOWN HERE, DEPICTS A DRIVE THROUGH HOWEVER, THAT'S ACTUALLY NOT GOING TO BE INCLUDED WITH THIS. THE APPLICANT IS AWARE THAT IF ANY DRIVE-THROUGH CZAR TO COME TO THIS, A SUP WILL BE REQUIRED TO COME BACK THROUGH P&Z AND COUNSEL FOR APPROVAL. THE NEXT SLIDE DEPICTS LANDSCAPE PLAN APPLICANT IS PROVIDING SUFFICIENT LANDSCAPING FOR THE SITE. AND THE NEXT SLIDE DEPICTS ELEVATION OF THE PLAN BREAKS DOWN THE REMAINING WILL BE CONSISTENT WINDOWS FOR THE BUILDING. AND THIS REPRESENTS THE COLOR RENDERING OF THAT BUILDING ELEVATION PLAN. P&Z VOTED FIVE ÃZERO TO RECOMMEND APPROVAL OF THE OCTOBER 18 P&Z MEETING AND STAFF IS RECOMMENDING APPROVAL AS PRESENTED.

>> THE MAXIMUM HEIGHT IS WHAT? >> 28 FEET. >> INCLUDED IN THE --

>> THE HIGHEST POINT. >> COUNSEL? >> A MAJOR TOPIC IN THE P&Z WAS THE INGRESS AND EGRESS, NOTATED HERE IN THE STAFF REPORT. COULD YOU GO OVER WHAT THE

SOLUTION WAS ON THAT? >> THANK YOU FOR BRINGING THAT UP.

THE REASON WHY IT WASN'T BROUGHT UP HERE WAS BECAUSE IN BETWEEN WHAT P&Z, WAS DISCUSSED AT THE P&Z MEETING IN BETWEEN THAT POINT APPLICANT SUBMITTED A REVISED PLAN THAT WAS CONSISTENT WITH WHAT STAFF WANTED AND SO THEREFORE, WHAT YOU SEE BEFORE YOU TONIGHT IS CONSISTENT WITH STAFF. THAT'S WHY IT WASN'T PUT UP TO COUNSEL BUT AGAIN KIND OF REITERATING WHAT WAS SAID AT THE MEETING OCTOBER 18, THE APPLICANT ORIGINALLY WAS PROPOSING DRIVE ACCESS THE STAFF WAS A SUPPORTIVE OF PIERCE'S THEN THE APPLICANT HAS PROVIDED A REVISED SITE PLAN THAT YOU SEE BEFORE YOU CONSISTENT WITH WHAT WE ARE

RECOMMENDING APPROVAL FOR. THAT'S WHY. >> CAN YOU POINT THAT OUT REAL QUICK? JUST THAT IT IS THAT. WHAT WAS THE VOTE?

AT P&Z? >> THE VOTE WAS FIVE ÃZERO TO RECOMMEND APPROVAL.

>> OKAY I DIDN'T SEE THAT IN HERE. >> SORRY.

THE RECOMMENDATION -- >> WHAT ABOUT THE EXIT ON WHITE PLAINS DRIVE?

>> YES, SO, I'LL LET HIM SPEAK LIMIT TO THAT. I WILL LET MIKE SPEAK A LITTLE

BIT MORE. >> AS PART OF THE PLAN THEY HAD THE ACCESS ALREADY THERE.

IT GOES THROUGH A PORTION OF THE RESIDENTIAL AND GET THAT YOU CAN SEE WHERE IT ULTIMATELY WILL GET BETTER WE HAVE IT DRIVE ACROSS THE COAST THROUGH THE SCHOOL BUT IT WAS PLAN TO HAVE THE SECOND POINT OR THE THIRD POINT OF ACCESS TO GO BACK TO THE DEVELOPMENT THAT WOULD ALLOW FOR THIS AREA TO HAVE THAT CONDUCTIVITY BETWEEN THE RESIDENTIAL AND THE RETAIL

[01:30:06]

COMPONENT. >> ARE THOSE MAYBE, GARBAGE OR DUMPSTERS? EVERY POINTER DON'T I? YES, I'VE NEVER USED THE POINTER BEFORE.

OKAY YOU DID BEFORE I GOT THE POINTER. YES, RIGHT THERE.

IS THAT GOING TO BE A FUTURE ACCESS TO SOMETHING TO THE LEFT OF THAT?

BECAUSE -- >> THERE IS A RETENTION POND THERE.

>> THE DRAINAGE.> IS THE DRAINAGE FROM THE DEVELOPER PART OF THIS AS WELL.

>> DO WE NEED THE EXIT TO THE WHITE PLAINS? >> IT'S ALREADY THERE.

>> AND WE THINK IT'S A GOOD IDEA TO HAVE RETAIL DUMPED OUT INTO A NEIGHBORHOOD?

>> I THINK CONDUCTIVITY IS GOOD. HAVE YOU EVER BEEN TO --

>> YES. >> THAT WILL SHOW YOU THE CONNECTIVITY, WHY IT'S

IMPORTANT. >> OKAY. >> ONE THING ORIGINALLY BEING LOOKED AT YOU TRY TO FIGURE OUT, YOU HAVE THE RESIDENTIAL, HOW YOU GET HERE WITHOUT HAVING THAT IN THE MAIN THOROUGHFARE WHEN YOU JUST RIGHT HERE. THERE ORIGINALLY WAS PLANNED,

YOU HAVE THE CONNECTION. >> JUST TO KIND OF ECHO WHAT COUNCILWOMAN IS SAYING, DO WE HAVE ANY OF THE DEVELOPMENTS THAT HAVE THAT IMMEDIATE INGRESS AND EGRESS INTO RESIDENTIAL AREA? ABOUT LIKE ALDI AND SOME OF THOSE? ESSENTIALLY. BECAUSE BOTH OF THOSE ARE RELATIVELY NEW.

ON -- AND 663. YOU HAVE THAT PASTOR A LITTLE BIT.

>> BUT IN HIS HAVE THE MASONRY WALL AND INGRESS AND EGRESS DIRECT TO THE COMMON WOOD OF

THE ROAD. >> BUT IT'S WE HAD THE RETAIL AND WENT TO THE LOCAL STREET AND CAME OUT 663. THAT TITLE TO THE RESIDENTIAL BUT THIS IS A LITTLE UNIQUE FROM THAT STANDPOINT. IT WILL GO PAST RESIDENTIAL LOTS IN THIS AREA HERE.

>> I GET CONDUCTIVITY. I PICTURE MORE CONNECTIVITY BETWEEN LIKE COMMERCIAL, COMMERCIAL OR RETAIL TO RETAIL. WE ARE SAVING WHAT, 100 FEET OR WHATEVER TO GO OUT THE OTHER EXIT JUST AROUND THE CORNER IN ORDER TO NOT PASS AT LEAST FOUR HOUSES WHERE KIDS ARE PLAYING.

I DON'T KNOW, I HAVE A PROBLEM WITH ANY OF IT EXCEPT FOR MAYBE THAT PART.

I JUST DON'T UNDERSTAND IT. >> I WOULD SAY FROM A DEVELOPMENT POINT OF VIEW, THE REASON IT'S PROBABLY THERE IS BECAUSE THE CITY REQUIRES FUTURE CONNECTIVITY.

THAT'S WHY IT'S ALREADY THERE. WHENEVER THEY PUT IN WHATEVER THE SUBDIVISION IS, I DON'T KNOW THE NAME OF IT. HAWKINS RUN, THE CITY REQUIRES FOR THEM TO PUT THAT IN THERE.

>> AND SO NOW WE JUST LOOK WEIRD FOR STEPS OUT AND DOESN'T CONNECT.

>> YOU HAVE -- IT WILL REALLY BE IF IT'S COUNCIL DECIDED TO COME IN AND PUT THIS CURB AND BRING ALONG THE SIDE HERE, THAT IS THE DIRECTION BUT THIS WAS PLANNED AS PART OF THE OVERALL

PD WHEN APPROVED. >> YOU HAVE TO CUL-DE-SAC THAT BECAUSE OF ANY OF THE

RESIDENTIAL ON THERE, FIRE ACCESS. >> I'M NOT SURE HOW FAR BACK THIS GOES, I DIDN'T KNOW THE SCANNER SHOWING THE CUTOFF. THIS ISN'T WHERE THE ROAD IS.

MAYBE JUST A SHORT LITTLE -- >> I DIDN'T HELP IN THE LAST CASE BUT MAYBE I CAN HELP IN THIS ONE. I AM THE SAME APPLICANT. I AM SIGNED UP.

TERRANCE -- 2415 SUMMERFIELD, WHERE THE OWNER. THERE IS A MEDIAN CUT SOUTH OF THAT CONNECTION. AND THERE'S THREE RESIDENTIAL LOTS THAT WILL FACE THE STREET, WHEN A PERSON NORTH OF 14, IF THEY WANT TO GET INTO THIS RETAIL, THEY CAN'T USE I DON'T HOW TO USE THIS, BUT I'M GOING TO TRY. WHICH ONE? THANK YOU. THEY CAN'T GO NORTH AND TURN IN THERE.

[01:35:03]

THE SCHOOL HAS A MEDIAN CUT RIGHT HERE. SO YOU CAN BE GOING THIS WAY, YOU CAN TURN IN AND GO THAT WAY. YOU WILL PASS ONE, TWO, THREE HOUSES AND THERE'S A HOUSE HERE AND THIS IS A GREEN SPACE. WE DID GET THIS APPROVED IN THE PD WHEN WE DID THIS. IN 2000, WHATEVER, I DO KNOW IT'S BEEN SEVERAL YEARS AGO.

I DON'T THINK IT'S PERFECT, BUT I DO THINK IT'S BETTER THAN NOT HAVING THE CONNECTIVITY.

WE DO HAVE A CROSS ACCESS HERE AND THERE IS A MEDIAN CUT APPEAR.

SO PEOPLE GOING THIS WAY CAN CUT IN HERE AND GO THIS WAY OR IF YOU'RE COMING FROM 663 COME DOWN HERE AND TURN IN RIGHT HERE. COMING DOWN THIS WAY, TURN IN HERE. WE ARE TRYING TO LOOK AT HOW MANY WAYS YOU CAN GET IN AND OUT SEEM TO HAVE A LOT OF CONGESTION. IS IT IDEAL? PASSING THESE THREE HOUSES? PROBABLY NOT. BUT THAT IS HOW WE HAD PLANNED IT SEVERAL YEARS AGO. AND AGAIN, NO FUN HELPING. I DIDN'T LAST TIME.

HOPEFULLY IF YOU HAVE ANY QUESTIONS FOR ME I'M HAPPY TO ANSWER.

>> I DO. MAY I ASK A QUESTION? SO, YOU WOULD BE LIKE TO GO BACK AND FORTH. I DON'T THINK HE HOPED. THERE WAS MORE ON BOARD WHEN IT WAS A STEP UP FOR THE NEIGHBOR TO ACCESS THE RETAIL. BUT I'M EVEN MORE OR LESS IN FAVOR OF IT IF IT WOULD BE THE PRIMARY POINT OF ENTRY FOR ANYONE TRAVELING THAT DIRECTION ON 14TH STREET. NOW WE ARE RUNNING COMMERCIAL TRAFFIC PURPOSELY INTO A RESIDENTIAL AREA BECAUSE THE SITE PLAN AND LIMITATIONS AND YOU KNOW, THE DIVIDED MEDIANS ARE FORCING YOU TO DO SO AND THEN IT IS JUST A STRAIGHT DESIGN MIX OF RETAIL AND

COMMERCIAL INTO RESIDENTIAL TRAFFIC. >> THAT'S EXACTLY HOW IT WAS

PLANNED AND IS BUILT THAT WAY. >> IF YOU'RE GOING NORTH ON 14TH STREET, YOU HAVE TO TURN LEFT AND MAKE A U-TURN, WHY WOULD THEY JUST MAKE A U-TURN BACK ONTO 14 S. AND --

>> I'M A TRAFFIC COP. >> THE ONLY PLACE THEY COULD MAKE THE U-TURN IS AT THE FOUR

WAY STOP. >> THIS WEDNESDAY. THE OTHER OPTION IS TAKE A LEFT, THEN MAKE A U-TURN THERE. WE ARE MAKING A U-TURN SOMEWHERE.

>> OR GENERALLY PLAN YOUR WRITING BETTER AND COMING FROM THE ONLY AVAILABLE DIRECTION.

>> I BELIEVE THE ONLY VARIANCE WE ARE ASKING FOR IS THE. [INAUDIBLE] RIGHT HERE.

THERE'S A SITE PLAN THAT WOULD INCLUDE THAT. >>.

[INAUDIBLE] >> CAN I MAKE A MOTION? >> ANY QUESTIONS?

YES. >> I'D LIKE TO MAKE A MOTION TO APPROVE THE SITE PLAN IS PRESENTED WITHOUT THE STUB OUT TO THIS SOUTH AND THE RESIDENTIAL AREA.

I WOULD LIKE TO SEE THE CURB CONTINUE AND THERE BE NO INGRESS EGRESS DIRECT ONTO THE

RESIDENTIAL STREET. >> CAN WE GET CLARIFICATION FROM FIRE? BECAUSE THE REASON THEY NORMALLY REQUIRE CUL-DE-SAC IS THEY DON'T WANT TO BACK THE

TRUCK OUT. BUT MAYBE I'M WRONG. >> AND I THINK THAT WILL BE A HARDSHIP ON US IF WE DO THIS BECAUSE WE ARE BUILDING A $10 MILLION FACILITY THAT ONE HAVE ACCESS FOR PEOPLE COMING NORTH. I DON'T KNOW IF WE GET TO AGREE OR NOT AGREE TO THAT BUT I WILL SAY WE ARE NOT GOING TO AGREE TO THAT. SO WE WILL CIRCLE THE WAGONS

AND SEE IF WE CAN DO THIS. >> I WOULD LIKE TO KNOW THE FIRE STANDARD DISPUTE OVER SO THIS ON ANOTHER ONE, WHERE THEY ACTUALLY PUT A GATE WITH A LOCKBOX THAT ONLY FIRE COULD

ACCESS FOR EMERGENCY. WE WANT PEOPLE -- >> LET ME ASK STEPH A QUESTION.

I DON'T KNOW WHO THE PERSON WILL BE. SITE PLAN, LANDSCAPE PLAN, ALL

[01:40:05]

>> YES. THE ONLY THING A QUESTION, I WAS TALKING TO MIKE A SECOND AGO. THE ONLY QUESTION WAS DISTANCE. SO THIS RIGHT HERE WE MENTIONED, AT P&Z, THE RIGHT IN, RIGHT OUT. THAT IS SOMETHING STEPH WANTED AND AGREE TO. THE ONLY REMAINING THING IS THE DISTANCE ALONG HAWKINS RUN ROAD

TO THE DRIVE ON THE SITE HERE AND -- >> THAT IS NOT ENTIRELY TRUE.

I MEAN NOT THE PHARISEE BUT NOT CHARLIE TREE PRODUCES APPROVAL OF A SITE PLAN, AND THAT ROAD AND THAT IS PART OF THE SITE PLAN. WE CAN MAKE THE CHANGE AT THIS

POINT, CORRECT? >> I THINK THE VARIANCE OR THE EXCEPTION COMING IN IS ORIGINALLY WAS BECAUSE WE DIDN'T MEET THE DRIVEWAY SPACE REQUIREMENTS THAT WE CURRENTLY HAVE. WITHIN THE ZONING ORDINANCE. THIS DID NOT MEET (THEY'RE VERY CLOSE BUT STILL SHORT 40 FEET. THAT'S WHY THIS WAS ORIGINALLY BROUGHT BEFORE OR BROUGHT TO BE FULL ACCESS. WE LOOKED AT IT WITH THIS PROXIMITY TO 14TH STREET NOW THAT YOU HAVE THREE LANES GOING ACROSS WITH A LEFT TURN LANE THAT JUST CAME BACK WITH STAFF RECOMMENDATION MAKING THIS A RIGHT IN ONLY PRODUCED A GET OUT HERE FULL ACCESS THERAPEUTIC GET OUT, TAKE A RIGHT ONLY AND GO THIS DIRECTION SOUTHBOUND.

THAT'S WHAT WAS ORIGINALLY COMING BACK FROM THE VARIANCE STANDPOINT.

>> NOT TRYING TO MAKE THIS MORE DIFFICULT BUT I HAVE ANOTHER QUESTION.

THERE IS A SLIP STREET SOMEWHERE RIGHT HERE. IS THERE REASON --

>> THE FIRST MEDIAN OPENING WILL BE RIGHT HERE. AND SO, THAT WAS WAS APPROVED AS WELL. THAT ALLOWS FOR FULL ACCESS HERE.

YOU CAN COLLECT AND COME HERE. YOU CAN GO OUT THIS WAY AND GO LEFT AND HEAD BACK WEST ON HAWKINS RUN ROAD. THERE IS A CONTINUATION, YES SIR.

>> LET ME GO BACK TO THE BASIC QUESTION. WHY IS A SITE PLAN BEFORE THE CITY COUNCIL FOR APPROVAL? WHAT IS IT THE CITY COUNCILS LOOKING AT? THAT DISTINGUISHES THIS BEING BEFORE THEM FOR APPROVAL?

>> PLANNING AND ZONING COMMISSION ESTABLISHED AN ARCHITECTURAL DESIGN THEME.

[INAUDIBLE] >> WOULD LIKE TO RESTATE YOUR MOTION?

>> BEFORE I DO THAT, I SAW THE FIRE CHIEF COME FORWARD. I DO BELIEVE THERE'S A QUESTION

FROM ONE OF THE COUNCILMAN. >> JUST IN ANSWER TO QUESTION, WHETHER 150 FEET OF ROADWAY ON A DEAD END STREET, HAMMERHEAD OR SOME TYPE OF SECULAR TURNAROUND SO THAT WE CAN PROPERLY TURN THE APPARATUS AROUND. I WOULD HAVE TO ASSUME THAT THE WAY THIS WAS ORIGINALLY DESIGNED, AND BROUGHT FORWARD WAS THAT WHEN KEVIN WAS REVIEWING THIS, AND ENOUGH THAT'S MORE THAN 150 FEET OR NOT BUT THAT IS THE MAXIMUM AMOUNT OF FEET BEFORE WE WOULD REQUIRE THAT. AND SO HIM ASSUMING THAT HE SAW THE CONNECTIVITY THERE ORIGINALLY AND THEN ASSUME THAT WILL BE A DRIVE THROUGH.

IF NOT, WE WOULD'VE REQUIRED OVER HUNDRED 50 FEET TO HAVE SOME TYPE OF TURNAROUND.

>> BASED ON THE AERIAL IT DOESN'T LOOK LIKE 150 FEET. JUST ONE LOT WITH, PROBABLY 60

OR 70. >> YOU GET YOUR ANSWER? >> I DID GET MY ANSWER AND BEFORE I RESTATE MY MOTION I THINK THERE WAS SOMETHING TO SAY.

>> CAN WE CONFIRM, IS THIS SUPPOSED TO BE BEFORE US? I JUST WANT TO MAKE SURE.

>> YES MA'AM. ORIGINALLY IT WAS JUST SUPPOSED TO GO TO P&Z.

HOWEVER, WE WANT TO MAKE SURE COUNSEL WAS AWARE. >> WHAT THE PROBLEM THAT WAS AT

P&Z GOT FIXED, RIGHT? >> SO IS NOT REQUIRED TO BE HERE.

>> NO. THAT'S THE POINT I WANTED TO MAKE.

IF THAT ENTRANCE THAT GOT FIXED, IF THAT WASN'T ON THERE AT ALL, WOULD THIS BE HERE? BECAUSE THAT IS THE ONLY, THAT WOULD HAVE STOPPED AT P&Z. THAT WILL BE TRYING TO SAY? IF THE ENTRANCE WAS GONE, JUST PARKING AND THEY HAD TO USE THE ENTRANCE TO DO CROSS ACCESS,

[01:45:01]

NONE OF THIS OTHER STUFF WOULD BE HERE. >> AGREED, BUT ONCE A SITE PLAN THAT IS SLATED TO COME BEFORE US, THERE IS NO PRECLUDING LAMERS (FROM REVIEWING AND

APPROVING THE SITE PLAN AS A WHOLE. >> WOULD YOU PLEASE COME FORWARD AND CLARIFY THE STATEMENT YOU MADE? YOU MADE A STATEMENT.

YOU SAID SOMETHING HAPPENED OR DIDN'T HAPPEN THAT YOU WERE -- >> I THINK THAT WOULD LOOK AT

THE ENTRANCE IS AN ECONOMIC HARDSHIP. >> THAT IS A DEALBREAKER FOR

YOU. >> YES SIR. IT WOULD BE.

AND I THINK THAT EVERYONE UNDERSTANDS NOW, THAT WE WOULDN'T BE HERE EVERYONE

ASKING FOR THE RIGHT IN. >> LET'S GO BACK. THAT SOUTH EXIT.

IT IS NECESSARY FOR YOU. >> YES SIR IT IS. >> OKAY.

>> I'M SORRY. >> JUST BECAUSE YOUR NORTHBOUND TRAFFIC WE NEED TO MAKE A U-TURN. YOU'RE SAYING IT MAKE THAT MUCH OF A DIFFERENCE.

>> YES. >> AND BECAUSE OF THAT FACT ALONE, I CANNOT SUPPORT THAT ENTRANCE INTO THE RESIDENTIAL AREA BECAUSE NOW YOU'RE USING A RESIDENTIAL STREET TO ACCESS A COMMERCIAL DEVELOPMENT. AND WE DON'T DO THAT ANYWAY BECAUSE WE HAVE CONNECTIVITY, WE HAVE MULTIPLE POINTS OF INGRESS AND EGRESS AND THE OTHER EXAMPLES THAT YOU GUYS GAVE EARLIER, THEY DID NOT HAVE TO USE A RESIDENTIAL ENTRY POINT INTO A NEIGHBORHOOD TO GET TO COMMERCIAL PROPERTY. AND IF THAT IS THE GOAL IN THIS DESIGN, I DON'T SEE HOW --

>> I WANT TO APPEAR ADVERSARY BUT I BELIEVE IT IS CITY STREET IS DEDICATED AND ACCESS IS OUR PROPERTY, PRETTY SURE WE HAVE A RIGHT TO CONNECT WITH IT. IN FACT, AGAIN, WE REALLY ONLY

HERE BECAUSE OF THREE -- >> WHAT TYPE OF TRAFFIC DC GENERATE?

>> WE HAVE NOT DONE A TIA ON THAT? >> RESIDENTIAL CARS, TRUCKS,

WHAT DO YOU THINK, YOU SAY THAT YOU NEED THAT. >> PEOPLE FROM THE SCHOOL

LITERALLY CUT STRAIGHT THROUGH AND COME OVER AND VISIT RETAIL. >> IS IT PRESUMPTUOUS THAT YOU

SEE RETAIL CUSTOMERS WILL BE USING THAT. >> YES SIR.

AND HOPEFULLY FROM THE SUBDIVISION AS WELL. WE HAVE SEVERAL HUNDRED HOMES

THAT CONNECT TO IT. >> CAN I RESTATE MY MOTION? >> I DID HAVE ANOTHER QUESTION

FOR STAFF. >> PLEASE, STATE YOUR MOTION, WE WILL GET A SECOND THEN WE CAN HAVE MORE DISCUSSION. WE WILL CONTINUE DISCUSSION THIS WILL AND DISCUSSION.

>> OKAY. >> WALTER STARTED WITH A MOTION.

>> JUST TO CLARIFY MY MOTION, I'LL MAKE IT EASIER. I MOVED TO DENY AS PRESENTED.

>> IS THERE A SECOND? >> MAYBE YOU HAVE QUESTIONS. >> THE MOTION FAILS WITHOUT THE

SECOND. CONTINUE OUR DISCUSSION. >> I'M NOT TRYING TO BEAT A DEAD HORSE HERE. BUT WHEN YOU APPROVE THE PD, TYPICALLY HAS LANGUAGE WITH SITE PLANS BEING APPROVED AT A LATER DATE. DOES IT SAY PLANNING OR ZONING? OR CITY COUNCIL? YOU DON'T HAVE THIS PD IN FRONT OF US?

>> THAT'S MY THING. IT IS NOT SUPPOSED TO BE HERE BEFORE US, I THINK THAT'S

REALLY UNFAIR FOR US TO DENY SOMETHING THAT IS REALLY NOT SUPPOSED TO BE HERE.>> THE ONLY THING I WANT CLARIFICATION ON IS, THIS IS NOT -- IN TRYING TO FOLLOW.

I GUESS IT IS. >> THIS WILL CLARIFY. I THINK IT IS HERE BECAUSE OF

THIS. >> BUT THAT WAS FIXED. >> THERE IS STILL AN ENTRANCE RIGHT THERE. THERE IS STILL A DISTANCE ARE HERE BECAUSE THIS NEEDS TO GO AWAY. MY DISTEND IS CORRECT, THIS WOULD HAVE TO GO AWAY COMPLETELY FOR US NOT TO BE HERE. BECAUSE IT DOESN'T MATTER WHAT KIND OF ENGINES IT IS, IT'S TOO CLOSE RIGHT HERE. THIS NEEDS TO GO AWAY.

IF THIS WAS REMOVED, THEN WE WOULDN'T BE HERE. >> THIS IS HERE BECAUSE -- >

AND THE BOTTOM PART -- >> THE APPLICANT WANTED A FULL ENTRANCE RIGHT HERE.

THEY WANTED THIS RIGHT HERE. SO, THEY ASKED FOR THIS RETREAT STAFF AND P&Z, WANT TO MAKE IT

[01:50:02]

RIGHT INTO ENOUGH PEOPLE GOING BOTH DIRECTIONS. >> CAN I JUST --

>> FROM THE HIP, I FEEL THAT THERE'S A LOT OF QUESTIONS STILL UNANSWERED.

PERSONALLY, I'D LIKE US TO TABLE THIS FOR STAFF TO GET MORE CERTIFICATION.

>> TIMEOUT FOR SECOND. CAN WE HAVE TIME BETWEEN THIS AND THE OTHER ARGUMENTS TO PULL THE ORDINANCE? THEN GRAB AND TAKE A LOOK AT IT? COME BACK TO IT.MOVE TO THE BOTTOM. OR, IF YOU DON'T WANT TO DO THAT, I WOULD ASK THAT YOU, WE JUST PULL IT OFF OF THE AGENDA, IT DOESN'T REQUIRE NOTICE OF PUBLIC HEARINGS. THAT WAY WE DON'T HAVE TO BRING IT BACK.

IF WE GO AND DETERMINE DOESN'T HAVE TO BE BEFORE YOU WE WOULD HAVE TO BRING IT BACK OF ITS

TABLE. >> I MOTION THAT WE TABLE IT. >> SECOND.

>> UNDERSTAND IF IT IS NOT REQUIRED -- >> I UNDERSTAND.

>> GET YOU ON A TECHNICALITY. >> I FEEL LIKE IF YOU SAID -- IF YOU SET IT UP THAT IT DOESN'T, IF WE DETERMINE IT DOESN'T HAVE TO BE BEFORE US, SORRY IT'S ALREADY COME BEFORE US. SO IT'S GOT TO COME BACK BEFORE US WHEN WE LEARN AGAIN.

>> I RESPECTFULLY DISAGREE. IT DOESN'T HAVE TO COME BACK BEFORE HE IF IN THE ORDINANCE,

IT SAYS IT GOES TO P&Z DOESN'T HAVE TO COME BEFORE YOU. >> IT'S NOT A PUBLIC HEARINGS

WE PUT IT BACK ON THE AGENDA. >> THAT'S MY WHOLE THING. AND MAYBE YOU ARE CORRECT.

I WANT TO TALK ABOUT IT LATER TONIGHT. I DON'T WANT TO GO IN THERE AND GET THE INFORMATION QUC)BEC I'D RATHER MOVE IT TO A LATER DATE. HOWEVER THAT NEEDS TO HAPPEN.

I DON'T WANT THEM TO COME BACK, I DO WANT THEM TO SCRAMBLE THROUGH, COME BACK AND GIVE US INFORMATION AND MAKE A DECISION. [INAUDIBLE]

I'D RATHER NOT. >> WHAT IS COUNSELS ADVICE? HAT IS THE LAWYERS ADVICE?

>> AT THE GIVEN MOTION TO TABLE RIGHT NOW. >> MOTION TO TABLE.

SECOND? >> THERE WAS. >> WHEN ARE WE TABLING IT TO?

>> IS THERE A SECOND? >> WE NEED A DATE. >> FIRST MEETING OF JANUARY OR

DECEMBER. >> SECOND PLEASE. >> SECOND.

>> TABLE THIS -- >> IS THERE ROOM IN DECEMBER? >> DECEMBER 13 I BELIEVE IS THE

FIRST MEETING. YOU ARE MEETING IN DECEMBER. >> DECEMBER 13.

>> DECEMBER 13. >> WE HAVE A MOTION FROM THE MODIFICATION TO TABLE UNTIL

DECEMBER 13. SECONDED. >> FURTHER DISCUSSION?

>> WE CAN ASK FOR DISCUSSION IF YOU LIKE. >> I DON'T HAVE AN ISSUE

PERSONALLY. [INAUDIBLE] >> COMMENT AT THIS POINT? DON'T WANT TO MAKE THIS HARDER ON THE PERSON COME HERE TRYING TO DO BUSINESS.

I DON'T WANT TO GET HUNG UP I DON'T THINK WE SHOULD EVEN BE TALKING ABOUT IF IT'S NOT

SUPPOSED TO HAVE BEEN HERE. >> THEN VOTE TO TABLE AND WE CAN GO FOR ANOTHER MOTION.

>> WE ARE VOTING? >> WE HAVE A MOTION TO TABLE UNTIL DECEMBER 13.

SECOND. PLEASE VOTE. THE MOTION TO TABLE IS DENIED.

CAN I MAKE A MOTION? >> YES PLEASE. >> MOTION TO APPROVE PER STAFF

COMMENTS. >> MOTION TO APPROVE AS PRESENTED, IS THERE A SECOND? SECOND. PLEASE VOTE. ITEM PASSES, SIX ÃONE.

PARENTS STILL HERE? THANK YOU. I-DRIVE BY THAT SPOT ALMOST EVERY DAY. WE WILL SEE. WHERE ARE WE? I DON'T KNOW WHAT HAS TO DO WITH -- ITEM 2022-518. CONSIDER AND ACT UPON A

[2022-518]

[01:55:23]

>> HOW ARE YOU! GOOD EVENING MAYOR AND COUNCIL. I AM HERE THIS EVENING, REQUESTING AUTHORIZATION OF A GRANT IN THE AMOUNT OF $720,500 AWARDED BY THE MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION FOR THE LAKE GROVE TRAIL AND BORDER PROJECT.

THIS PROJECT INCLUDES A 10 FOOT WIDE CONCRETE TRAIL THAT WILL RUN FROM HAWKINS RUN ROAD, THE NEW SIDEWALK AND EVERYTHING PUT IN THERE, JUST DOWN FROM THE SCHOOL AND THERE IS A SLIDE IN THERE. THAT MIGHT MAKE IT EASIER. YOU CAN SEE WE JUST TRIED TO MAKE IT AS EASY AS POSSIBLE. HERE IS HAWKINS RUN. THE TRAIL WILL COME DOWN, THESE ARE MY TERRIBLE MAPPING SKILLS AND ARE WELCOME. IT WILL COME DOWN THROUGH HERE.

TAMMY! I NEED TO USE MY POINTER FINGER BECAUSE I WAS GETTING CRAZY.

I'M NOT TOUCHING IT. I'M NOT TOUCHING IT. >> QUITE A MEETING TONIGHT.

>> SORRY EVERYONE. IT WILL BE A 10 FOOT TRAIL, THAT WILL COME DOWN.

OKAY SO, I'M NOT TOUCHING ANYTHING L. SO, WILL COME FROM THE ROAD, IT WILL COME DOWN.

THIS FRONT AREA IS AN EIGHT FOOT WIDE BOARDWALK THAT IS APPROXIMATELY 450 FEET LONG ON THE WATERS EDGE. THIS WILL HAVE RAILINGS ON EACH SIDE, SO PEOPLE CAN GO DOWN, WALK ALONG THE EDGE OF THE WATER THERE, ABLE TO FISH IF THEY WANT TO FISH OFF OF IT.

AND THEN, THEY CAN COME BACK UP AND COME THROUGH THE TRAIL, AND TERRY LEFT BUT TERRY IS ALLOWING US TO UTILIZE HIS FLOODPLAIN FROM THIS DEVELOPMENT TO BRING THE TRAIL, TO COME THROUGH OUT TO 14TH STREET. THAT ALLOWS, IT IS ALMOST A MILE TRAIL AND THEN, OUR THOUGHT IS YOU KNOW, IF THEY CAN RUN THE SIDEWALK OR THEY CAN COME DOWN AND GOING TO COMMUNITY PARK AND WILL UTILIZE THE TRAIL SO THEY CAN HAVE A NICE LONG TRAIL. THIS WOULD BE OUR FIRST HEAVILY WOODED TRAIL THAT PEOPLE CAN GO IN AND ENJOY NATURE AND BE OFF ROAD, WE HAVE GREAT TRAILS IN COMMUNITY PARK MOST OF THEM ARE IN THE WIDE OPEN. THIS, ALL OF THIS AREA IS WOODED AND IT RUNS ALONG THE CREEK. IT IS A BEAUTIFUL AREA. I DID SPEAK WITH CECIL WOODS, WITH LAKE GROVE HOA. AND JUST TO BE UP FRONT WITH HIM AND DISCUSS WE'RE PLANNING AND HE WAS PLEASED WITH THAT SINCE WE WERE NOT PROGRAMMING THIS HEAVILY AND YOU KNOW, DESTROY ALL OF THE VEGETATION ON THE OTHER SIDE OF THE LAKE. SO THAT LAKE NOW, WHEN WE GET HERE, WE HAVE ACTUALLY A TURNAROUND BECAUSE THIS AREA WILL BE A SIX FOOT WIDE NATURAL SURFACE TRAIL. FOR THE TIME BEING, BECAUSE WHEN THEY DEVELOPED THIS AREA, THEY HAVE TO DO A GREAT DEAL OF GRADING ALL THE WAY DOWN TO THE CREEK AND I DO NOT WANT TO PUT IN SOMETHING FOR SOMEONE TO COME TEAR OUT THAT MONEY THAT WE SPENT.

SO THIS TRAIL WILL ONLY COST ABOUT $9000. OF ALL OF THIS PRICE AND THAT WAY, IT IS SOMETHING WE ARE NOT JUST TEARING OUT A 10 FOOT STRIP OF CONCRETE.

>> IS BECAUSE WE ARE WANT TO ASK THE QUESTION. WHEN THEY DO THE CONSTRUCTION AND THE GRADING, WILL THEY THEN PUT IT BACK? WERE WE HAVE TO INCUR THE

ADDITIONAL COST AND PUT IT BACK? >> IT'S A DISCUSSION FOR US TO HAVE WITH MR. JOB. I KNOW THE CELL, THEIR DESIGN, THERE IS A LARGE WALL GOING IN

[02:00:03]

IF THEY WOULD BE WILLING BECAUSE IT IS AN AMENITY. >> THE PEOPLE WHO WILL BE USING THIS TRAIL, WHERE THE CAR, ALMOST LIKE THE MIDLOTHIAN NATURE PARK.

I'M SURE THERE WILL BE SOME PEOPLE WHO WALK FROM THERE BUT IF I WANTED TO GO THERE.

>> IF YOU WANT TO GO THERE, OUR THOUGHT IS HE WOULD UTILIZE THE SCHOOL PARKING AT THIS POINT, OR YOU WOULD COME FROM COMMUNITY PARK AND COME OVER TO UTILIZE THAT TRAIL.

WE ARE NOT DESIGNING PARKING AT THIS POINT. YOU KNOW, THIS IS ESSENTIALLY A PHASE 1. WE HAVE A LOT OF OTHER PROPERTY WE CAN UTILIZE UP HERE IN THE FUTURE FOR PARKING THAT WON'T IMPACT THE HOMEOWNERS AS MUCH BECAUSE IT WOULD BE OFFSET.

YOU KNOW, EVENTUALLY THERE COULD BE A PLAYGROUND OR PICNIC AREA OR THINGS OF THAT NATURE.

BUT OUR THOUGHT IS, THE SCHOOL UTILIZE THIS AS WELL WITH THEIR SCIENCE CLASSES.

ALL OF THIS AREA WILL BE WILDFLOWERS. AND WILL PROBABLY JUST MOW SOME OF THE TRAILS THROUGHOUT SO PEOPLE CAN WALK THROUGH IT BUT IT WOULD NOT BE THE CONCRETE

SURFACE. >> SO, THIS IS MY LAST QUESTION.

GRANT AND PARKS, I WANT TO SOUND LIKE I'M NOT FOR THEM BUT ARE WE A LITTLE AHEAD OF HERSELF TO BE PUTTING THE TRAIL THROUGH HERE WILL HAVE A MASTER PLAN FOR WHAT WE WILL BE DOING

FOR THIS PIECE OF PROPERTY? >> IT HAPPENS OFTEN THAT WE DO A SECTION.

WE KNOW RIGHT NOW THAT WE DO NOT WANT TO HEAVILY PROGRAM ALL OF THIS PROPERTY BECAUSE WE DON'T HAVE MANY AREAS LEFT WITH HABITAT. AND THIS AREA, WE SHALL HAVE VEGETATION AND HABITAT LEFT AND WE HAVE DRIVEN, TAKEN EVERYTHING AWAY AROUND HERE.

IT IS AN AREA FOR US TO PRESERVE, NOT TO MENTION WE ARE ON A SOIL CONSERVATION LAKE.

WE DO NOT NEED TO CAUSE, THIS HELPS REDUCE FLOODING AND THE MORE CONCRETE WE PUT HERE, THE MORE FLASH FLOODING WE CAUSE INTO THIS LAKE THAT IS HELPING ALL OF THE HOMES AROUND HERE BY

TAKING ON THAT WATER. >> THANK YOU. JUSTIN?

>> THE POINT ABOUT THE MASTER PLAN. I CAN'T REMEMBER IF YOU ARE AT THE MEETING OR NOT, THE WORKSHOP, THIS SCORED REALLY HIGH.

MY QUESTION IS ALONG THE LINES OF SIDEWALK ACCESSIBILITY OFF OF 14TH STREET.

IS THERE SIDEWALKS ON THAT SIDE OF THE STREET? >> YES IT IS.

>> AT THE THAT WAS BROKEN UP THERE. >> NO.

WHEN THEY BUILT THE NEW ROAD, THE SIDEWALK WAS FINALLY ADDED AND IT COMES DOWN AND COMES ACROSS THE STREET HERE BEFORE THE PARK. SO, THE SIDEWALK COMES DOWN.

THIS AREA DOES NOT HAVE A SIDEWALK BUT UP HERE THERE IS A SIDEWALK RIGHT WHERE THAT WOULD

POP OUT. >> I COULD PARK MY CAR, BUT THAT PARK NEAR THE AMPHITHEATER SOMEWHERE AND HAVE SIDEWALK ACCESSIBILITY ALL THE WAY TO THE BOARDWALK TO THE TRAILS.

> YES SIR, ABSOLUTELY.> I'M REALLY PIGGYBACKING ON WHAT THEY ARE SAYING BUT THAT WAS MY FIRST THING THE PARKING. ECAUSE I PICTURE MYSELF GETTING IN LIKE HALFWAY THROUGH THIS THING AND RUNNING OUT OF BREATH. AND THEN NOT BEING ABLE TO HAVE LAKE CIRCLE ALL THE WAY BACK AROUND. I JUST GOING TO TRUST THAT IS

COMING SOON. BECAUSE -- >> AND DALE WILL COME PICK YOU

UP. >> THE OTHER THING IS, I'M HERE JOHN PARKS AND TRAILS AND EVERYTHING. BUT IS IT FITTING, IS THE MASTER PLAN DONE?

IS IT KICKING OFF THE MASTER PLAN? >> THIS IS IN THE MASTER PLAN, ONE OF THE MAIN PROJECTS AND MAIN IDEAS PEOPLE REALLY WANT WATERFRONT ACCESS AND THEY WANT TO HAVE TRAILS IN NATURAL AREAS, NOT JUST DOWN THE SIDE OF THE ROAD.

>> I REMEMBER SCORING HI. I'M JUST WONDERING TO HAVE THE MASTER PLAN? WE WERE SAYING THIS IS WHAT WE DO BECAUSE THE MASTER PLAN OR ARE WE STILL FINISHING THE

MASTER PLAN? >> THE DRAFT IS OUT. SO THERE IS REVIEW, AFTER HAD A WORKSHOP WITH COUNSEL AND TYPE B AND THE PARK BOARD SO, WE HAVE THAT MEETING TOGETHER TO REVIEW, JUST DISCUSS WHAT WAS OUT, SO WILL HAPPEN, THE CONSULTANT IS GOING BACK MAKING CORRECTIONS ON THAT AND EDITS. AND ALL THE EDITS THE STAFF PROVIDED, THEN WE WILL BRING THAT BACK, WILL SEND THAT OUT TO ALL OF COUNSEL TO REVIEW AND THEN WE WILL TAKE IT TO THE

[02:05:02]

>> IS NOT APPROVED YET BUT SHE DID LITERALLY SAY CONSULTANT DID TAYLOR HAVE THE GAME IN THE

AREA BECAUSE OF THE PROJECT. >> I'M READY TO MAKE A MOTION WHENEVER YOU ARE READY.

>> MAKE A MOTION. >> MOVED TO APPROVE. >> MOTION TO APPROVE, SECOND.

PLEASE VOTE. ITEM PASSES SEVEN ÃZERO. >> THANK YOU.

>> THANK YOU. >> THANK YOU. >> 4B, THANK YOU.

>> TYPE B. >> I DID IT ON PURPOSE. [LAUGHTER]

[2022-519]

FACILITIES. >> THANK YOU, GOOD EVENING, COUNCIL P RECENTLY, ENCORE APPROACHED THE CITY IN REGARDS TO GETTING AN EASEMENT OFF OF CITY PROPERTY, TO BE ABLE TO RUN ANOTHER ELECTRICAL CIRCUIT DOWN 14TH STREET ALONG THE EAST SIDE.

CURRENTLY, THEY HAVE A QUESTION HERE IN THE WEST SIDE OF 14TH STREET THE CROSS IS 287 AND COMES ACROSS AND IS BURIED ALL THE WAY DOWN BASICALLY, TO -- AREA.

THE AREA SHOWN IN RED IS ACTUALLY CITY PROPERTY. BEFORE THE BYPASS THIS WAS INCLUDED AS PART OF THE OVERALL CONFERENCE CENTER PROPERTY. THE BYPASS CAME TO TXDOT ACQUIRED RIGHT AWAY FROM THE CITY. THIS WAS THE REMAINDER.

THIS IS STILL CITY PROPERTY. AGAIN, COURT REQUESTING 15 FOOT EASEMENT ALONG THE EAST SIDE OF OUR PROPERTY OR ALONG 14TH STREET ON THE WEST SIDE OF THE PROPERTY.

IN ORDER TO BE ABLE TO INSTALL THIS PART WILL BE GIVEN -- IT WILL BE SIMILAR TO WHAT YOU SEE ON THE WEST SIDE. WITH AERIAL CROSSING GOING OVER 287 AND THEN, ONCE HE GETS OVER IT WILL GET BURIED AND CONTINUE ALONG THE EAST SIDE DOWN TOWARDS THE FORMS AS WELL.

AGAIN, REQUEST CAME IN AND THIS IS BEFORE COUNCIL I AM HAPPY TO ANSWER QUESTIONS YOU MAY HAVE.

>> I DON'T HAVE ANY QUESTION. >> MOTION TO APPROVE. >> SECOND.

>> MOTION AND SECOND. PASSES 7-0.> THANK YOU, COUNCIL.

[2022-520]

>> ITEM 2022-520. CONSIDER AND ACT UPON AUTHORIZING THE MAYOR TO EXECUTE AN B AGREEMENT AMONG THE TRINITY RIVER AUTHORITY OF TEXAS, CITY OF CEDAR HILL, TEXAS, CITY OF GRAND PRAIRIE, TEXAS, CITY OF MANSFIELD, TEXAS, AND CITY OF MIDLOTHIAN, TEXAS REGARDING THE IMPLEMENTATION OF BEST

MANAGEMENT PRACTICES IDENTIFIED IN THE JOE POOL LAKE WATERSHED >> THANK YOU.AN.B- IN 2017, THE CITY ALONG WITH THE RIVER AUTHORITY, CITY OF CEDAR HILL, CITY OF MANSFIELD AND GRAND PRAIRIE ALL PARTICIPATED IN THE DEVELOPMENT OF THE WATERSHED PROTECTION CLAIM WHICH COUNCIL KNOWS THE COUNTY HAS BEEN PULLING WATER TO TREAT FROM THE MID-1980S.

IT IS AN IMPORTANT SOURCE FOR THE CITY. AS YOU CONTINUE TO HAVE A DEVELOPING WATERSHED, WHICH IS AREAS IT WILL BE TO THE SOUTH, THE WATER QUALITY CHANGES OVER TIME. THE WATERSHED REDUCTION PLAN HAS BEEN COMPLETED AND SUBMITTED TO THE ENVIRONMENT PROTECTION AGENCY. THIS ALLOWS FOR DIFFERENT GRANTS AND THINGS LIKE THAT ONCE YOU HAVE THE PLAN IN PLACE.

IT ALSO ALLOWS FOR MONITORING OF THE WATER QUALITY OVER THE YEARS SO THAT WE CAN CONTINUE TO TRY AND IMPROVE THE QUALITY. BASED ON THE COMPLETION OF THE WATERSHED PROTECTION PLAN, THE NEXT STEP IS TO START IMPLEMENT IN SOME OF THE BEST MANAGEMENT PRACTICES THAT WERE IDENTIFIED IN THE PLAN. THIS INTERLOCAL AGREEMENT BEFORE YOU THIS EVENING, WOULD DO THAT. ACTUALLY IS IT BETWEEN THE SAME ENTITIES BEFORE PT ARRAY CITY OF MANSFIELD, CEDAR CEDAR HILL, GRAND PRAIRIE, MIDLOTHIAN AND WITH THE WOMAN HAS IS THAT FOR THE NEXT FIVE YEARS, EACH OF THE PARTIES WILL CONTRIBUTE UP TO $10,000 EACH YEAR, TO DO THE IMPLEMENTATION OF THE BEST MANAGEMENT PRACTICES. WE HAVE BUDGETED FOR THIS EXPENSE THIS YEAR. WE HAVE THE UTILITY FUND AND APPROVED BY COUNSEL, WILL CONTINUE TO BUDGET 10,000 EACH YEAR FOR THE NEXT REMAINING FOUR YEARS.

I'M SORRY? >> MAXIMUM OF 20? >> THIS WAS THE PREVIOUS ONE.

[02:10:05]

THIS IS KIND OF BACKGROUND THAT HAD THE INFORMATION REGARDS THE ACTUAL WATERSHED PROTECTION

PLAN ITSELF. >> WITH THAT OF HAPPY TO ANSWER ANY QUESTIONS COUNSEL MAY HAVE.

>> ANY QUESTIONS?DISCUSSION? MOTION? >> MOTION TO APPROVE.

>> SECOND. >> MOTION AND SECOND, PLEASE VOTE.

PASSES 7-0. >> THANK YOU. >> ITEM 2022-521.

[2022-521]

OFFICIAL NEWSPAPER OF THE CITY OF MIDLOTHIAN. >> THINK YOU HAVE ME TONIGHT.

7031 WIRE MEADOW DRIVE, DALLAS TEXAS. I AM THE SALES DIRECTOR FOR -- MEDIA OVERSEEING TEXAS NEWSPAPER PROPERTIES FOR CHERRY ROAD.

. ! BASE IN DALLAS, BECAUSE A COVER SHERMAN, WXAHACHIE ALL THE WAY DOWN TO STEPHENVILLE AND DALLAS PUTIN TRIED TO TALK ABOUT MIDLOTHIAN I HOPE WILL BE YOUR NEWSPAPER OF CHOICE. FOR PURPOSES OF WHAT WE COVERED IN CONTENT, AND WHAT ARE PHILOSOPHIES AND BELIEFS ARE AND COVERING THIS GREAT CITY OF MIDLOTHIAN. AND ALSO, WAXHACHIE BECAUSE WE ARE TWO PAPERS.

WE ARE AGAIN, COMMITTED TO COMMUNITY NEWSPAPERS. AND OUR PUBLISHER AND CEO, JEREMY -- SORRY THIS PATH TO DO THIS TWO YEARS AGO. AND BY THE END OF THIS YEAR WILL HAVE ABOUT 85 COMMUNITY NEWSPAPERS UNDER OUR WING. AND SO AGAIN, 15 OF THOSE PAPERS ARE HERE IN TEXAS. I'M HAPPY TO SAY. WE HAVE AGAIN, WHEN YOU LOOK AT THE SUPPORT, IT WAS NICE TO COME INTO THE OFFICE IS HERE TODAY AND SEE THE MIDLOTHIAN MIRROR AND.

LOBBY AREA. THE RECEPTION AREA. AND KNOW THAT AGAIN, WE ARE COVERING SUCH A GREAT CONTENT, LOCAL CONTENT HERE. WE HAVE GREAT REPORTERS, HERE IN THIS MARKET. WE ALSO NOW HAVE BEEN ABLE TO BUILD SALES TAX IN THE MARKET AS WELL WOULD YOU HAVEN'T HAD IN A LONG TIME. WHEN WE BOUGHT THE PAPER, THEY PRETTY MUCH, IT WAS NOT RUN VERY WELL. AND SO, WE ARE TAKING A LITTLE BIT OF A STEP BACK TRYING TO RECOVER AND BUILD THE BASE. YOU LOOK AT WHAT WE HAVE DONE WITH OUR PAPER, IF YOU HAVE A CHANCE TO LOOK AT, LOOK AT THIS.

NEW MIDLOTHIAN CITY COUNCILMEMBER, ANNA -- ON THE FRONT.

ANOTHER YOU SEE THIS ALREADY. ALL RIGHT I JUST WANT TO MAKE SURE YOU SAW THAT! OKAY? SO -- [LAUGHTER] YOU OBVIOUSLY HAVE SEEN IT

BECAUSE IT CAME ON JULY 7. >> YOU ALL ARE BEHIND THE TIMES.

>> WE HAVE A GREAT PARTNER WITH METHODIST MIDLOTHIAN HOSPITAL, THE HEALTH GROUP AND THEY SPONSOR WHAT THE COMMUNITY PAPERS ALL ABOUT. AND THAT IS, SUPPORTING HIGH SCHOOL SPORTS, AWARD WINNERS. WE DO THIS IN JUNE. THEY COME IN AND RUN PAGES AND COMPLETE SPONSOR A SECTION HERE THAT IS PART OF THE COMMUNITY. AGAIN, PART OF THE NEWSPAPER.

THIS IS ONCE A YEAR AND THEY COME IN AND RUN ABOUT THREE PAGES.

IN THAT SECTION TO SPONSOR IT. WHY? BECAUSE THEY BELIEVE IN IT.

IT WORKS. IT'S PART OF THE COMMUNITY, PART OF THE FABRIC OF THIS WONDERFUL COMMUNITY. WE HAVE CENTRAL KUBOTA THAT RUNS ALSO BIG CAMPAIGNS.

AND MIDLOTHIAN HEALTHCARE, SEPARATE FROM METHODIST HEALTHCARE.

IT RUNS CAMPAIGNS ON A PRINT SCALE AND ALSO DIGITAL SCALE. IN TALKING ABOUT DIGITAL, WE

[02:15:09]

IF YOU LOOK AT THE USERS AGAIN, THIS IS OCTOBER. 125,000 USERS PRETTY IMPRESSIVE FOR SOME MONTHLY TURN. PAGES 149,000. I KNOW THAT YOU WILL KNOW ABOUT USES AND PAGE VIEWS AND SESSIONS. 132,000 DON'T HAVE THE TIME APSE ON WHAT THE TIME IS AVERAGE FOR SESSION, TRYING TO GET THE INFORMATION FOR YOU.

BUT, INDUSTRY AVERAGES ABOUT FOUR MINUTES. BEFORE CONWAY TOOK OVER, MIDLOTHIAN, WE WE WERE PACING ABOUT HALF THESE NUMBERS. ON HERE FROM THE SHEET HERE ON WAXHACHIE. TO PUT IT IN CONTEXT FREE. WE ARE NOT THERE YET.

WE'RE GETTING THERE, WE ARE WORKING ON IT VERY URGENTLY, TO GET THAT NUMBER BACK UP BECAUSE IT IS IMPORTANT FOR THE COMMUNITY TO HAVE GOOD INTERNET, GOOD WEBSITE, PENETRATION FOR MIDLOTHIAN FOR THE MARKET. SO, YOU HAVE A GREAT PRODUCT AND WE ARE PROUD OF THAT. THE DIGITAL HAS TO BE THERE AS WELL.

THIS PUTS IT HOPEFULLY IN SOME FORM OF CONTEXT, WHAT WE ARE DOING FOR WAXHACHIE.

WITH THE GOAL IS TO APPROVE THE SCALE AND IMPROVED MIDLOTHIAN. BUT MOST IMPORTANT, WE DON'T WANT TO GET AWAY FROM WHAT WE DO BEST. THAT IS REALLY, A NEWSPAPER FOR THE COMMUNITY EACH WEEK. EACH WEEK WE PUT OUT THIS GREAT NEWSPAPER AND WE HAVE BEEN, IT HAS BEEN VERY WELL RECEIVED FROM EVERYONE WE TALKED WITH. WE FEATURE A LOT OF THE LOCAL TALENT, A LOT OF THE LOCAL HIGH SCHOOL KIDS, YOU KNOW, EVERYONE HERE THAT HAS FAMILIES IN THE COMMUNITY AND VERY MUCH, YOU ALSO REGIONAL NATIONAL STORIES IN THE PUBLICATION.

YOU MIGHT SEE ONE OR TWO BUT WE PICK UP ON THE WIRE. BUT THAT'S BECAUSE IT'S BIG NEWS. WITH MOST PARTIES THE COMMUNITY FEEL AND PART OF WHAT WE DO.

THAT IS THE END OF MY PRESENTATION. I WANT TO MAKE SURE WE PUT OUR BEST FOOT FORWARD AND KEEP ON TRACK TO BE YOUR PUBLICATION RECORD.

ANY QUESTIONS? >> THANK YOU FOR THAT PRESENTATION.

MY QUESTION IS FOR STAFF. THE NEWSPAPER OF RECORD IS SIMPLY JUST WHO WE UTILIZE AND

CHOOSE TO USE FOR OUR PUBLIC NOTICES, CORRECT? >> THAT'S CORRECT.

>> IT DOESN'T REALLY IMPACT THEIR COVERAGE OF THE COMMUNITY, COVERAGE OF THE CITY, NOTHING TO DO WITH THAT. WE ARE DECIDING WHO WILL PUBLISH THE NOTICE, WHO WILL

PAY TO PUBLISH THE NOTICE AS REQUIRED BY LAW. >> WE DO ALL THE LEGAL NOTICES WHETHER IT IS ORDINANCES, BUDGET, ETC. ADVERTISEMENT FOR BIDS, ETC. IT WOULD ALL FALL

INTO THIS. >> JUST KEEP IN MIND ALSO THAT OUR CHARTER DOES CALL OUT CERTAIN THINGS WE NEED TO PUT IN THE NEWSPAPER OF RECORD. THERE ARE ALSO OTHER THINGS AS IT RELATES TO TIRZ, THE BUDGET, THAT BY LAW, IN THE EVENT WE RAN INTO A CONFLICT, WE CAN PUBLISH IN ANOTHER NEWSPAPER AS LONG AS IT DOESN'T CONFLICT WITH OUR CHARTER.

IN THE EVENT THAT THERE WAS A CONFLICT AND WE HAVE TO GET SOMETHING PUBLISHED.

WE DO HAVE OTHER ALTERNATIVES IN THE EVENT THERE IS A CONFLICT WITH THE OFFICIAL

NEWSPAPER. >> THIS FOR CLARITY FOR THOSE WATCHING ONLINE OR THE FUTURE, WE ARE NOT DECIDING WHICH NEWSPAPER COVERS THE NEWS OF MIDLOTHIAN.

WHICH NEWSPAPER COVERS THE SPORTING EVENTS AND WHICH NEWSPAPER WILL OPERATE HERE IN THE COMMUNITY. WE ARE SIMPLY DECIDING WHICH NEWSPAPER THE CITY WILL CHOOSE

[02:20:01]

TO UTILIZE TO PUBLISH THE LEGAL PUBLIC NOTICES. >> THAT IS CORRECT.

>> YEAH. THE MILITANT MIRROR OVER THE LAST SEVERAL YEARS, HAS EXCUSE ME. HAS A NUMBER OF ISSUES IN MY OPINION.

CONTACTING THEM IS NEARLY IMPOSSIBLE. I ENCOURAGE YOU, IF YOU DON'T THINK IS TRUE, LOOK AT THE NEWSPAPER, FIND THE NUMBER, AND YOU'LL BE SENT TO A RAT MAZE OF OPTIONS AND VAST MAJORITY OF THE TIME IT'S BEEN MY EXPERIENCE AND EXPANSIVE PEOPLE ARE SPOKEN TO, THEY DON'T RETURN YOUR CALLS. THAT'S NOT A PAPER WANT DOING BUSINESS WITH THE CITY. NUMBER TWO, THEY ARE LOCAL. THEY ARE NOT EVEN TEXAS.

HAVE OTHER OPTIONS HERE LIKE THE FOCUS DAILY NEWS WHO THE OWNERS CAME UP AND SPOKE TO US LAST TIME. THEY ARE LOCAL, DID YOU LIVE HERE.

AND THEN, THIRD, THE MILITANT MIRROR DOES CANDIDATE PROFILES ON PEOPLE RUNNING FOR PUBLIC OFFICE HERE. AND, I'VE NOTICED WHEN I RAN MY FIRST TIME, THE OTHER CANDIDATES IN THE RACE, HAD THEIR PROFILES PUT IN THERE AND I HADN'T BEEN CONTACTED BY THE MIRROR. AND FINALLY I GOT IN CONTACT WITH THE MIRROR.

IT WAS VERY HARD TO DO. AND BILL SPINKS, WHO WRITES THE MAJORITY OF THE MATERIAL I SAID DID YOU REACH OUT TO ME TO DO ONE OF THESE CANDIDATE PROFILES? HIS RESPONSE WAS, COULDN'T GET A HOLD OF YOU. OUR RESPONSE TO HIM WAS, I'M ON SOCIAL MEDIA, I'M PASSING UP MY PHONE NUMBER, LIKE IT IS HALLOWEEN CANDY.

AND HAVE YOU TRIED TO CONTACT THE CITY HALL? THEY HAVE EVERY CANDIDATES NUMBERS. AND HE REALLY DIDN'T HAVE A RESPONSE TO THAT.

AND SINCE THAT TIME, AND HE'S DONE THAT TO AT LEAST TWO OTHER CANDIDATES THAT THEY ARE NOT SECRETS, THEY'RE EASY TO GET A HOLD OF. IN MY OPINION IT IS LAZY REPORTING AND FORTH AND LAST, LAST YEAR, THERE WAS A CONTROVERSIAL BOOK IN THE CITY, OUR JOINT LIBRARY SHARED WITH THE ISD. THERE WAS BOOK AND I WON'T GO INTO IT BUT IT WAS BORDERLINE CHILD PORNOGRAPHY. AND US AND THE SCHOOL HAD THE BOOK REMOVED. AND THE MILITANT MIRROR NEXT PUBLICATION, BILL SPINKS SAW FIT TO GIVE AN OPINION PIECE ON THE FRONT PAGE, CRITICIZING EVERY CONSERVATIVE, LOCAL ELECTED OFFICIAL, FOR BANNING BOOKS. HE NEVER MENTIONS THE FACT THAT WE DIDN'T WANT OBSCENE BOOKS WITH DEPICTIONS OF SEXUAL ACTS BY CHILDREN, IN OUR LIBRARY.

I FOUND THAT DESPICABLE. AND ON TOLERABLE. BY A NEWSPAPER THAT HAS ANYTHING TO DO WITH OUR CITY. I WANT NOTHING TO DO WITH THAT PAPER.

THE FOCUS DAILY NEWS IS A GREAT OPTION. AND I THINK WE SHOULD STRONGLY

CONSIDER USING THEM. >>. [INAUDIBLE]

>> MINE IS QUITE SIMPLE. I HAVE VERY LIMITED EXPERIENCE WITH EITHER PAPER.

I PICK IT UP AND FLIP THROUGH IT LIKE A LOT OF PEOPLE. BUT JUST BY THE HARD NUMBERS HERE, I SEE FOCUS DAILY PUCKS OUT LIKE THREE AND HALF TIMES MORE COPIES PER WEEK THEN THE MIDLOTHIAN MIRROR. IF THIS DECISION HAS NOTHING TO DO WITH EITHER PAPER COVERING MIDLOTHIAN AND WHO WILL WRITE THE ARTICLES ETC., AND WHAT WILL APPEAR IN THE PAPER, WOULDN'T IT MAKE SENSE THAT FOCUS DAILY REACHES CONSIDERABLY MORE PEOPLE, AT LEAST SERVICES A MARKET THAT IS SUBSTANTIALLY LARGER, AND THEY ALL ARE SURROUNDING NEIGHBORING CITIES AS WELL AS OUR OWN. WOULDN'T IT MAKE SENSE TO PUT OUR NOTIFICATIONS OUT IN THE

WIDER AREA? >> YES. >> THAT'S ALL I HAVE.

>> IT IS BOB, RIGHT? I AM SURE YOU ARE A WONDERFUL GENTLEMAN.

AND SO, YOU'RE TAKING A LITTLE BIT OF THE HEAT OF THE HEAT FOR PROBABLY THE LOCAL SITUATION.

>> I CAN TAKE IT. >> I WOULD SAY, I WOULD AGREE WITH THE COUNCILMAN HAVE THE SAME EXACT, JUST HAVEN'T HAD GOOD EXPERIENCES HERE. AS FAR AS THE SAME EXACT SITUATION OF NOT BEING REACHED, THERE'S A LOT OF NEGATIVITY WHEN IT COMES TO, THESE ARE THINGS I'VE SEEN AND WHAT I'VE HEARD. I REACHED OUT TO OTHER PEOPLE

[02:25:06]

THERE IS A WAY TO SPEND SOMETHING IN A SITUATION, IF IT CAN BE LOOKED AT NEGATIVELY NORMALLY IT'S PRINTED THAT WAY. AND THEN, BEING ABLE TO GET HOLD OF SOMEONE HAS BEEN VERY DIFFICULT. SO, MY ENCOURAGEMENT WOULD BE, I WOULD LIKE TO SEE US GOING IN FOCUS DAILY NEWS BUT ENCOURAGE ALL TO WORK ON A RELATIONSHIP HERE BECAUSE I WOULD LIKE THAT BETTER. THEN MAYBE IN THE FUTURE, WE CAN REASSESS BUT THAT IS THE CURRENT SITUATION, WE'VE HAD A COUPLE OF YEARS WORTH OF DAMAGE I THINK TO THAT RELATIONSHIP.

>> AND CAN ASK A QUESTION? >> YOU CAN RESPOND. >> THANK YOU.

HAS THAT BEEN A RECENT, AS FAR AS -- NOT REACHING SOMEBODY OR NOT HAVING, HAVING PROBLEMS?

>> YES EVEN WITH MY ELECTION, THEY AND JENNA HAD THE SAME THING, ALL THE OTHER CANDIDATES WERE CONTACTED AND I WASN'T. AND I REACHED OUT AND HE SAID IT COULDN'T GET A HOLD OF YOU.

>> AND YOU ARE VERY PUBLIC PERSON AND EASY TO GET A HOLD OF.

>> YES I THINK WALTER SAID THE SAME THING BUT AGAIN, IT'S NOT JUST GO SITUATIONS OR OTHERS AND I DON'T WANT TO BASH IT, I JUST, IN THE SITUATION I THINK I'D RATHER GO WITH THE LOCAL.

>> INDICA RUN LEGAL NOTICES FOR YOU? IN THAT PUBLICATION? OKAY.ALL RIGHT. [INAUDIBLE] ANY COMMENTS YOU LIKE TO MAKE?

>> I KNOW WE DO HAVE A LOT TO DO HERE, A LOT OF WORK AHEAD OF US.ND I APPRECIATE EVERYONE'S TIME HERE, I CERTAINLY APPRECIATE YOUR COMMENTS.

AND YOURS AS WELL. I KNOW THAT WE HAVE A LOT OF THINGS THAT WE HAVE TO MEND.

WE HAVE ALSO, I'VE HAD TO PERSONALLY LOOK AT OUR PHONE TREES, I'M SORRY OUR PHONE EXTENSIONS. ON ALL THE PAPERS ACROSS THE BOARD.

BUT THIS ONE ESPECIALLY, HAS BEEN WORKING BETTER.HAT'S WHY I'M SURPRISED YOU'RE HAVING SO MUCH DIFFICULTY AND EVIL HAD DIFFICULTY BECAUSE WE HAD SOME, WE HAVE THEIR ROBIN FOX IN THE OFFICE, SHE ANSWERS THE PHONE FOR BOTH PAPERS AND IS THERE ALL THE TIME.

AND SHE'S VERY ACCESSIBLE. WE HAVE AN ADVANTAGE WITH HER THERE.

WE DON'T HAVE THE ADVANTAGE OF OTHER PAPERS. SO, AND I JUST NEED TO WORK ON THIS A LOT MORE. BECAUSE IT'S ALL ABOUT NURTURING RELATIONSHIPS, I'M SORRY WE HAVE NOT BEEN AND HAVEN'T HAD A CHANCE TO HAVE A RELATIONSHIP BUT I STARTED BACK

IN MAY OR JUNE. I JUST GOT HERE MYSELF SO. >> YOU JUST GIVEN THIS PROBLEM.

SO CONGRATULATIONS. >> AND I'M CERTAINLY UP FOR THE CHALLENGE.

I USED TO WORK FOR THE NEW YORK TIMES SO BELIEVE ME, FOR ANY CHALLENGES THERE.

AND ALSO WITH THE HOUSTON CHRONICLE. >> MY DOORS OPEN IF YOU WANT TO

REACH OUT TO US. >> THANK YOU FOR YOUR TIME AND WE APPRECIATE IT.

>> THANK YOU. >> MAYOR, I LIKE TO MAKE IT PROPOSAL IF EVERYONE IS DONE.

I HAVE A MONEY QUESTION. JUST BECAUSE IT IS A CHANGE IN BUDGET.

>> SO, THIS IS GOING TO COST MORE PER LINE. COMPARED TO THE -- PER LINE THAT WE TECHNICALLY HAVE BUDGETED. DO WE KNOW HOW MUCH MORE THAT'S

GOING TO COST TOTAL? >> WE LOOKED, WE SPENT A LITTLE OVER 12,000 LESS FISCAL YEAR.

JUST BASED ON THE ROUGH NUMBERS, I WOULD SAY ROUGHLY TRIPLE.

JUST BASED ON THE NUMBERS THAT WERE GIVEN TO US. FROM EACH PAPER.>> OKAY.

AND SO, IF WE WENT WITH THE FOCUS DAILY NEWS WOULD BE COMING BACK WITH A BUDGET AMENDMENT AND THAT WILL COME FROM A UNRESERVED BALANCE. WHATEVER WALTER LIKES TO CALL IT.> POTENTIALLY. IF WE CONTINUE ROUGHLY AT THE SAME PACE OF ADVERTISEMENTS AND

BIDS ETC., WE WOULD PROBABLY COME UP ON THAT. >> ALL RIGHT THANK YOU.

>> WE WOULD HAVE TO CROSS THAT BRIDGE WHEN WE GET TO IT. >> I'D LIKE TO MAKE A MOTION THAT WE NAME THE FOCUS DAILY NEWS AS THE OFFICIAL NEWSPAPER FOR THE CITY OF MIDLOTHIAN.

>> BASICALLY MAKE A MOTION AMENDING THE RESOLUTION THAT WAS PRESENTED, AND DESIGNATED DAILY NEWS IS THE OFFICIAL NEWSPAPER AND WHO DO YOU WANT TO DESIGNATE AS THE ALTERNATE

OFFICIAL NEWSPAPER? >> THAT'S EXACTLY WHAT I WANT TO SAY, THANK YOU VERY MUCH.

FOCUS DAILY NEWS AND B >> GO AHEAD. [INAUDIBLE]

[02:30:25]

>> DOES THE DAILY LIGHT MEET THAT? >> THE PUBLISHED PRICE TO BE.

>> THE ULTIMATE BEING THE COUNTY PRESS. >> I'M NOT FAMILIAR WITH ELLIS

COUNTY PRESS. >> I WILL SECOND THE MOTION SO WE CAN TALK ABOUT IT.

WHO IS THE ELLIS COUNTY PRESS? >> LOCALLY OWNED. WE HAVE A MOTION TO DESIGNATE FOCUS DAILY NEWS PRIMARY AND ELLIS COUNTY PRESS AS THE ALTERNATE.

SECOND, NO DISCUSSION. >> A LOCALLY OWNED NEWSPAPER OUT OF ELLIS COUNTY.

BEEN AROUND FOR A LONG TIME. >> DO YOU KNOW IF THEY PUBLISH ONCE A WEEK I THINK THAT WAS A

CONCERN. >> LEAST ONCE. MAYBE TWICE BUT I KNOW AT LEAST

ONCE. >> TO KEEP WITH ONE OF OUR SOURCES, THAT'S WHAT PEOPLE ARE

USED TO. THAT'S JUST -- >> MOTION AND SECOND.

>> MOTION AND SECOND AND DISCUSSION OF ANYBODY WANTS. BECAUSE RIGHT NOW, I WOULD NOT BE COMFORTABLE WITH THE MOTION AS STATED. I WOULD WANT EITHER THE MIRROR

OR THE DAILY LIGHT TO BE ALTERNATE. >> I WOULD BE COMFORTABLE WITH

DAILY LIGHT BEING THE ALTERNATE. >> WE NEED TO VOTE ON THE MOTION AS PROPOSED, FIRST. ANY OTHER COMMENTS BEFORE I CALL FOR THE VOTE?

>> DO KNOW IF ELLIS COUNTY PRESS MEETS ALL OF THE OTHER LEGAL REQUIREMENTS?

OKAY. >> US THEY DO. I SPOKE TO THE OWNER.

I'VE ASKED THOSE QUESTIONS. [INAUDIBLE] >> DOES THE MIDLOTHIAN MIRROR

ONLY PRINT ONCE A WEEK? >> THE DAILY LIGHT WOULD BE THE ALTERNATE.

>> OKAY. CAN I AMEND? THE ALTERNATE I WILL MAKE

WAXHACHIE DAILY LIGHT. >> CAN WE AMEND THIS? YES.

>> I NEED LOTS OF ASPIRIN AFTER THIS. >> SECOND.

>> RESTATE THE MOTION, PLEASE. >> BASICALLY WHAT COUNSEL SAID WITH THE AMENDMENT.

>> MOTION DESIGNATING -- >> DAILY NEWS. >> FOCUS DAILY NEWS AS THE OFFICIAL NEWSPAPER AND WAXHACHIE DAILY LIGHT AS THE ALTERNATE OFFICIAL NEWSPAPER OF

CITY OF MIDLOTHIAN. >> SECOND. >> MOTION WITH FOCUS DAILY NEWS PRIMARY AND WAXHACHIE DAILY LIGHT ALTERNATE. SECOND.

PLEASE VOTE. MOTION PASSES. SIX ÃONE.

MR. JAMES. ALL RIGHT. AT THIS TIME THE CITY COUNCIL

[EXECUTIVE SESSION]

MANAGE>> NONNO FICOUNSEL HAS RE EXECUTIVE SESSION. LET ME READ THIS CORRECTLY.

[2022-523]

[02:35:03]

>> SECOND. >> MOTION AND SECOND. >> MAYOR, WANT TO CLARIFY SAID

COMPENSATION ADJUSTMENT SHOULD BE -- COMPRESSION ADJUSTMENT. >> I'M SORRY.

YES, THANK YOU. 1.5 PERCENT ADJUSTMENT COMPRESSION ADJUSTMENT.

AND FOUR PERCENT MERIT INCREASE. THANK YOU, COUNCILMAN.

MOTION AND SECOND. PLEASE VOTE. >> QUICK QUESTION?

>> YES SIR. >> WHAT PERCENTAGE INCREASE DOES THAT TOTAL?

>> I KNOW YOU ARE GOING TO WANT -- THAT CAN'T BE RIGHT. IT'S 10 POINT SOMETHING PERCENT INCREASE. AND I BELIEVE THE AVERAGE STAFF MEMBER GOT ABOUT 15 PERCENT INCREASE, IS THAT CORRECT? ANYWAY, I WILL CALL FOR THE VOTE.

PLEASE VOTE. >> IF YOU HAVE THE EXACT NUMBERS I'M NOT SURE WHAT WE

ARE VOTING ON IF WE DON'T KNOW THE FACTS. >> CALLING FOR THE VOTE.

>> THERE IS STILL DISCUSSION. >> WE STILL HAVE DISCUSSION ABOUT THIS.

>> IS THEIR NEW ANNUAL COMPENSATION? >> CALLING FOR THE VOTE.

PLEASE VOTE. >> CALLING FOR THE VOTE DOESN'T REMOVE WHAT IT MEANS THAT WE

VOTE ON THE TOPIC -- >> I'M JUST ASKING FOR THE NUMBERS.

>> DO WE HAVE A PERCENTAGE INCREASE THAT WE ARE VOTING ON FOR THIS COMPENSATION?

>> NO. >> HOW DO WE VOTE FOR SOMETHING WE DON'T KNOW THE FACT?

>> YOU DO KNOW THE NUMBERS. >> WHAT ARE THE NUMBERS? >> NUMBERS $249,849.60 PROPOS 70 $274,290.88. THAT IS ABOUT $25,000, WHICH IS ABOUT 10 PERCENT OF 249.

9.78 IS THE INCREASE. THAT IS AFTER A COMPRESSION STUDY, AFTER 1.5 PERCENT ADJUSTMENT AND 1.5 AND FOUR PERCENT MERIT INCREASE. I FOR ONE THINK THAT CHRIS IS

MORE THAN WORTH THE OF THIS MORNING. >> WAS AND THE COUNCIL PACKET TO LOOK AT BEFORE TONIGHT OR SPRUNG ON US HERE IN THE LAST FEW MINUTES?

>> WE HAVE HAD THESE NUMBERS FOR SEVERAL WEEKS NOW. MANY MANY WEEKS.

AND I WANT TO PERSONALLY SAY, I SUPPORT CHRIS 100 PERCENT. I THINK HE HAS DONE A FANTASTIC JOB AS WELL AS ALL THE STAFF HE IS MANAGING. I AM DEFINITELY IN FAVOR OF

THIS. >> I AGREE. HAVE WE VOTED?

>> ANY OTHER COMMENTS? >> NO, WE HAVE A COUNCIL MEMBER THAT IS NOT HERE.HAT IS ON

BOARD. THE VOTE CANNOT COUNT. >> IT STILL PASSES.

>> BUT THE VOTE IS INCORRECT. >> ACCORDING TO THE CITY ATTORNEY, MAYOR.

>> WOULD YOU CLEAR THE BOARD, PLEASE? TAMMY, CLEAR THE BOARD.

NOW CAST YOUR VOTES. ITEM PASSES, 5-1. DO I HAVE A MOTION TO ADJOURN?

>> MOVED. >> SECOND. >> PLEASE VOTE TO ADJOURN.

* This transcript was compiled from uncorrected Closed Captioning.