Dec 12, 2023 City Council

[Call to Order, Pledges, and Invocation]

[00:00:12]

>>> IT IS NOW 4:00 P.M. AND I CALL THE MIDLOTHIAN CITY COUNCIL TO ORDER. .

>> LET'S PRAY. FATHER GOD, WE LOVE YOU.

I THANK YOU FOR THE OPPORTUNITY TO SERVE YOUR CITY AND YOUR COMMUNITY IN THIS AMAZING SEASON THAT'S ALSO ABOUT YOU.

IT'S ALSO STRESSFUL, SO I PRAY WE'RE ABLE TO TAKE A DEEP BREATH AND FOCUS ON WHAT WE HAVE HERE TODAY AND GUIDE OUR CONVERSATION AND OUR DECISIONS. WE LOVE YOU AND WE PRAY THESE

THINGS IN YOUR SON'S NAME, AMEN. >> NOW CITY COUNCIL REPORT ON

[2023-481]

IF ANYBODY HAS ANYTHING TO POINT OUT, NOW IS THE TIME.

>> I JUST WANTED TO POINT OUT THE CHRISTMAS PARADE AND ALL OF THE ACTIVITIES GOING ON WITH THE CHRISTMAS HOLIDAY AND THE CITY EVENTS HAS BEEN FANTASTIC. I THOUGHT THE CHRISTMAS PARADE WAS FANTASTIC THIS YEAR. KUDOS TO OUR PARKS TEAM AND ALL

INVOLVED. >> WANT TO RECOGNIZE TWO OF MIDLOTHIAN'S FINEST, JOHNNY HENDRIX AND JOE RODRIGUEZ BEING AWARDED FOR THEIR ACTIONS GOING ABOVE AND BEYOND THE LINE OF

DUTY. >> I WANT TO SECOND WHAT HANNAH MENTIONED ABOUT OUR CHRISTMAS FESTIVITIES.

I WAS IMPRESSED BY THE TURN OUT AND THE WORK THAT STAFF PUT IN.

I WAS BLESSED TO ATTEND AND IT MAKES US COUNCIL MEMBERS LOOK GOOD LIKE WE KNOW WHAT WE'RE DOING.

I WOULD ALSO LIKE TO THANK OUR STREETS DEPARTMENT WHO'S HANDLED A COUPLE OF ISSUES THAT WERE MENTIONED TO ME AND GOT RIGHT ON IT AND GOT SOME SIGNS AND THINGS CHANGED.

WE CERTAINLY RECOGNIZE STREETS AND ALL OF OUR STAFF.

WE'RE BLESSED FOR ALL OF THEM. ESPECIALLY AT THIS CHRISTMAS TIME OF YEAR, THANK YOU FOR ALL THAT YOU DO.

IT DOES NOT GO UNNOTICED. IF IT DID, WE WOULD BE GRIPING MORE. SO YOU DO A GREAT JOB, WE

APPRECIATE Y'ALL. >> I'D LIKE TO HIGHLIGHT SOMETHING PARTICULARLY IN THIS SEASON.

AND I HAD THE NAMES OF THE LOCAL ORGANIZATIONS AND FORGOT IT ON MY DESK. BUT IN OUR COMMUNITY, WE'VE GOT A WHOLE LOT OF ORGANIZATIONS. THERE'S 5 OR 6 OF THEM THAT I'M AWARE OF THAT DEAL WITH MENTAL HEALTH COUNCILING AND THERAPY.

I WAS MADE AWARE AND IT'S FAR TOO MANY TIMES THIS YEAR, ONE OF OUR LOCAL RESIDENTS SUCCUMB TO SOME MENTAL HEALTH ISSUES TOOK THEIR OWN LIFE. WE'VE HAD A LOT OF THAT HAPPEN THIS SEASON. AND I WANTEDED -- I WANTED TO HIGHLIGHT THERE'S A LOT OF LOCAL RESOURCES IN THIS COMMUNITY.

I WANTED TO READ THOSE OUT, BUT I FORGOT THE NAMES.

AND I JUST WANT TO ENCOURAGE ANYBODY THAT IS IN OUR COMMUNITY DEALING WITH MENTAL HEALTH AND THOSE KIND OF ISSUES, THERE'S RESOURCES AVAILABLE. IT DOESN'T MAKE YOU ANY LESS STRONG, IT DOESN'T MAKE YOU WEAK TO SEEK HELP.

AND I JUST WANT TO ENCOURAGE FOLKS, ESPECIALLY DURING THE SEASON WHEN THERE'S A LOT OF THINGS THAT GET PUT ON YOU, THOSE RESOURCES ARE AVAILABLE AND THERE'S QUITE A FEW HERE IN

[2023-482 ]

TONIGHT. >> ALL RIGHT, NOW OPENING ITEM 2023-482, CITY COUNCIL QUARTERLY BOARD LIAISON UPDATE.

WE'LL START WITH PLACE ONE AND WORK OUR WAY DOWN.

ANY UPDATES ON YOUR BOARD? >> MY BOARD HAS NOT MET IN THE

LAST MONTH. >> OUR BOARD HAS GOT SO MUCH GOING ON, THAT'S PLANNING AND ZONING, IF YOU HAVE QUESTIONS IF YOU'RE IN THE AUDIENCE AND HAVE QUESTIONS CALL ME AT ANY TIME.

THE INFORMATION IS DEEP AND BROAD.

SO THEY'RE DOING A GREAT JOB AS ALWAYS, DOING A GREAT JOB

[00:05:02]

IF YOU HAVE ANY QUESTIONS, FEEL FREE TO ASK.

>> I'M LIAISON TO THE MCDC WORKING WITH THE FANTASTIC MELISSA BOWLER AND THEIR BOARD. TWO MAIN UPDATES.

THE MT. ZION PROPERTY HAS BEEN DEMOED.

PARKS IS SEEDING THE DIRT TO ENSURE NO RUNOFF.

ADAM AND HEATHER HAVE BEEN A HUGE HELP OUT THERE GETTING EVERYTHING PREPPED. AND THEN THEIR STRATEGIC PLAN IS STILL GOING AND IT IS WRAPPING UP.

AND THE FINAL IS ANTICIPATED TO COME IN LATE JANUARY.

>> I'M OVER THE AIRPORT BOARD. THAT BOARD IS STILL NOT MEETING.

I BELIEVE SOMETIME IN JANUARY WE'LL MEET WITH WAXAHACHIE AND GET THAT BOARD BACK UP AND RUNNING.

>> AS LIAISON TO THE LIBRARY BOARD, I WANTED TO SAY THAT WE MADE HUGE PROGRESS IN IDENTIFYING AND BRINGING FORWARD NOMINATIONS FOR THAT BOARD. WE SHOULD GET THAT BOARD KICKED OFF IN THE NEAR FUTURE. WE HAVE SOME INCREDIBLE PEOPLE TO SIT ON THAT. SO VERY EXCITED ABOUT IT.

>> I'M ON THE PARKS BOARD LIAISON, BUT ALSO ON THE COMMITTEE TO APPOINT PEOPLE TO BOARDS.

PIGGYBACK OFF OF WHAT ED SAID, IF YOU'RE NOT FAMILIAR WITH OUR BOARD, THEY'RE VOLUNTEER POSITIONS TO LEAD DIFFERENT TYPES OF BOARDS THAT WE HAVE THROUGHOUT THE CITY.

I ENCOURAGE YOU TO GET INVOLVED IF YOU HAVE AN INTEREST.

LOOK INTO IT, ASK QUESTIONS. SOME OF THEM ARE VERY REWARDING.

THEY DON'T TAKE A LOT OF TIME. THEY DO TAKE SOME DEDICATION FOR THE TIME YOU WILL SPEND, BUT THAT'S ALL I HAVE.

>> NOW OPENING ITEM 2023-483, CITIZENS TO BE HEARD.

THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING.

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY SECRETARY PRIOR TO THE ITEM BEING OPENED FOR DISCUSSION. SPEAKERS ARE LIMITED TO THREE MINUTES. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY COUNCIL CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA. HOWEVER YOUR CONCERNS MAY BE ADDRESSED BY CITY STAFF, PLACED ON A FUTURE AGENDA, OR RESPONDED TO BY SOME OTHER COURSE. CITIZENS NOT ATTENDING IN PERSON

[CONSENT AGENDA]

TAMMY, ANY CITIZENS TO BE HEARD? WITH THAT, I OPEN THE CONSENT AGENDA. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION.

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

DOES ANYBODY HAVE ANY ITEMS THEY WISH TO REMOVE FROM CONSENT? WITH THAT, I'LL TAKE A MOTION. WE HAVE A MOTION TO APPROVE BY

MS. HAMMONDS. >> SECOND.

>> SECOND BY MIKE RODGERS. PLEASE VOTE.

AND THAT ITEM PASSES 6-0. NOW ON TO PUBLIC HEARINGS.

[2023-490]

THE PROPERTY IS GENERALLY LOCATED AT THE NORTHWEST INTERSECTION OF FM 663 AND LENA L LANE. THE APPLICANT HAS REQUESTED A CONTINUANCE UNTIL THE JANUARY 9TH MEETING.

I'LL HAVE A MOTION TO JANUARY 9, 2024.

>> I'LL MAKE A MOTION TO CONTINUE IT TO JANUARY 9, 2024.

>> A MOTION BY COUNCILMEMBER HARTSON.

>> I'LL SECOND THAT. >> SECOND BY MR. GARDNER.

[2023-491]

LANE. >> THANK YOU, COUNCIL.

AGAIN OUR NEXT CASE FOR THIS EVENING IS GOING TO BE FOR AGENDA ITEM NUMBER 2023-491. SO THIS IS FOR A PROPOSED

[00:10:02]

IF YOU REMEMBER THIS WAS BROUGHT TO YOU GUYS AT THE NOVEMBER 14TH CITY COUNCIL MEETING. AND SO AT THAT TIME THERE WAS A FEW QUESTIONS AMONGST COUNCIL. SO YOU GUYS CONTINUED IT TO TONIGHT'S MEETING. THAT'S WHY IT'S UP FOR YOU GUYS THIS EVENING. JUST BAGGED SUMMARY, THE TOTAL SITE IS JUST OVER 55 ACRES. THE APPLICANT IS REQUESTING AMENDMENTS TO PD-28 AND AMENDMENTS TO THE SETBACK.

THIS NEXT SLIDE DEPICTS A LARGER IMAGE OF THE LOCATION EXHIBIT FOR THE PROPERTY. AGAIN THIS WAS BROUGHT UP AT THE OCTOBER 14TH PLANNING AND ZONING COMMITTEE MEETING AND THEY VOTED TO RECOMMEND APPROVAL. AND CITY COUNCIL VOTED 5-1 TO CONTINUE TO THE DECEMBER 12, 2023, MEETING.

THIS NEXT SITE DEPICTS THE OVERALL LOT.

36 LOTS MAKING UP 31% OF THE DEVELOPMENT RANGING FROM 8,400 SQUARE FEET. AND TYPE C LOTS IN YELLOW, THIS MAKES UP JUST 3.5% BEING FOUR LOTS.

AND THAT'S 22,000 AND ABOVE FOR LOT TYPES.

WE DO WANT TO NOTE ONE CHANGE THAT WAS PRESENTED TO YOU GUYS AT THE LAST MEETING. IF YOU GUYS RECALL ASKING FOR A 5% INCREASE IN THE FRONT GARAGE TYPES IN THE DEVELOPMENT GOING FROM 5% TO 30%. AFTER FURTHER INTERNAL CONSIDERATION, THEY ASKED TO GO BACK TO THE 25% WHICH IS ALREADY APPROVED PER THE CURRENT ORDINANCE.

SO WE DID WANT TO MAKE NOTE OF THAT TO YOU GUYS THIS EVENING.

WITH THE EXCEPTION OF THE GARAGE, THE REQUESTED AMENDMENTS ARE NOW SETBACKS AND LOT WIDTH. SO THESE NEXT FEW SLIDES WILL KIND OF TOUCH ON THAT. AGAIN THE APPLICANT IS REQUESTING SIDE YARD SETBACKS TO BE REDUCED.

5-FOOT REDUCTION BEING REQUESTED FOR TYPE B INTERIOR LOTS.

5-FOOT REDUCTION BEING REQUESTED FOR TYPE C REAR YARD LOTS.

AND TO CREATE CONSISTENCY BETWEEN TYPE B AND C LOTS, THE APPLICANT IS REQUESTING TO REDUCE THE FRONT YARD SETBACK FROM 50 FEET TO 30 FEET. AND TYPE C WAS JUST THE FOUR LOTS ON THAT TYPE C YELLOW IMAGE THE SLIDE BEFORE.

THIS GIVES A VISUAL OF WHAT I JUST READ THROUGH.

AGAIN STARTING WITH THE FRONT YARD SETBACK, TYPE C IS THE ONLY ONE THAT'S CHANGING. THAT'S THE REQUEST TO REDUCE FROM 50 FEET TO 30 FEET. SIDE YARD SETBACK ADJACENT TO THE STREET, ALL OF THESE LOT TYPES ARE BEING REQUESTED TO BE REDUCED BY FIVE FEET, WITH TYPE A GOING FROM 15 TO 10.

TYPE B GOING FROM 20 TO 15, AND TYPE C GOING FROM 25 TO 20 FEET.

GOING DOWN TO THE THIRD ROW, MINIMUM SIDE YARD SETBACKS FOR INTERIOR LOTS, TYPE B THE ONLY CHANGE GOING FROM 15 FEET TO TEN FEET. AND LASTLY THE REAR YARD SETBACK, TYPE C THE ONLY CHANGE GOING FROM 25 FEET TO 20 FEET.

GOING OVER TO THE LOT WIDTH, SO TO KIND OF HELP ADDRESS AN ERROR THAT WAS ON A PREVIOUSLY APPROVED PRELIMINARY PLAT, THE APPLICANT IS REQUESTING THESE CHANGES TO CREATE CONSISTENCY BETWEEN THE PLANNED DEVELOPMENT STANDARDS AS WELL AS THE PRELIMINARY FINAL PLAT. THE APPLICANT IS REQUESTING THE TYPE B LOT WIDTH WIDTH. AND REQUESTING TO REDUCE ONE LOT C LOT TO CREATE A CONSISTENT STREETSCAPE WHICH I'LL SHOW IN A MINUTE. BOTH OF THESE CHANGES WILL ALLOW CONSISTENCY AMONGST NOT ONLY THE PLANNED DEVELOPMENT, BUT THE PREPLAYBILL NARY AND FINAL PLAT THAT COMES TO THE PLANNING AND ZONING COMMISSION. -- PRELIMINARY AND FINAL PLAT THAT COMES TO THE PLANNING AND ZONING COMMISSION.

THIS GIVES AN IMAGE OF WHAT I WAS SHOWING ON THE LAST SLIDE.

THESE LOTS OUTLINED IN BLUE IN THE BLUE DOTS HERE RANGE ANYWHERE BETWEEN 28-32 FEET. CURRENTLY THE REQUIREMENT IS 85 FEET. THE APPLICANT IS ASKING TO REDUCE THAT FROM 85 FEET TO 80 FEET JUST SO THOSE LOTS CAN BE IN COMPLIANCE. THOSE ARE FOR THOSE BLUE DOTS.

TYPE C DOTS, JUST THE ONE LOT OUTLINED IN RED, THEY'RE ASKING TO REDUCE THAT FROM A 70-FOOT SETBACK AND THAT'S FOR THIS STREETSCAPE ALONG HERE. WE HAD A SEPARATE ANALYSIS IN OUR STAFF REPORT SAYING THE APPLICANT IS REQUESTING CHANGES THAT WE BELIEVE ARE CONSISTENT WITH SURROUNDING SUBDIVISIONS.

SO WE ARE OKAY WITH THESE CHANGES.

WE HAVE NOT RECEIVED ANY LETTERS OF SUPPORT OR OPPOSITION FOR THE PROPOSED CHANGES. AGAIN P&Z VOTED 7-0 TO RECOMMEND APPROVAL AND STAFF IS RECOMMENDING APPROVAL OF THE PROPOSED PD AMENDMENT. THAT COMPLETES STAFF'S

[00:15:03]

>> CAN WE GO AHEAD AND DOES THE APPLICANT WISH TO SPEAK?

I TAKE THAT AS A YES. >> THANK YOU, MY NAME IS TODD WINTERS. I APPRECIATE COLBY AS ALWAYS.

HE DOES A FANTASTIC JOB EXPLAINING THE SITUATION HERE AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

THE ONE ITEM THAT WASN'T ON THERE IS WE DID AGREE TO EXPAND THE FRONT YARD SETBACK OF THE GARAGES TO 25 FEET.

AND THAT DID NOT GET PUT ON THERE.

SO IT WAS IN THE MOTION LAST TIME WE WERE HERE SO I BELIEVE THAT WOULD BE THE BEST WAY TO HANDLE THAT.

I THINK IT'S VERY SIMPLE WHAT WE'RE DOING HERE, HOW WE GOT TO THIS SPOT. I THINK I EXPLAINED LAST TIME ALL OF THE LOTS MEET THE SQUARE FOOTAGE FOR TYPE A, B, AND C.

THE ONLY SETBACKS WE'RE CHANGING ON THE FRONT OTHER THAN THE ONE THAT WE MENTIONED IS YOU SEE THE FOUR YELLOW TYPE C.

THE ONLY REASON THEY'RE DESIGNATED AS A TYPE C IS BECAUSE THEY FAN OUT WHERE THEY'RE IN A CORNER LOT AND THEY HAVE MORE SQUARE FOOTAGE. WE JUST WANTED THOSE SETBACKS TO BE CONSISTENT AS YOU GO AROUND THE CURVES AND AS YOU GO TO THE END OF THE BLOCKS SO THERE'S NOT O ONE SETBACK. IT'S REALLY THAT SIMPLE, OTHER THAN THAT I'M HAPPY TO ANSWER ANY QUESTIONS.

>> TAMMY, IS THERE ANYONE ELSE SIGNED UP TO SPEAK? DOES THIS NEED TO BE CLOSED OR DID THEY CLOSE IT LAST NIGHT? SO WE NEED TO CLOSE THE PUBLIC HEARING? LET'S CLOSE THE PUBLIC HEARING AND WE CAN ASK QUESTIONS OF

STAFF AND THE APPLICANT. >> MOTION TO CLOSE THE PUBLIC

HEARING. >> I HAVE A MOTION TO CLOSE THE

PUBLIC HEARING. >> SECOND.

>> SECOND BY MR. HARTSON. PLEASE VOTE.

PASSES 6-0. COUNCIL, IF YOU HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT, THIS IS YOUR TIME.

>> I DO HAVE A QUESTION FOR EITHER ONE OF YOU.

WHAT WILL THIS CHANGE DO TO THE OVERALL LOT COUNT BETWEEN IF IT IS NOT APPROVED VERSUS APPROVAL, DOES IT CHANGE THE ACTUAL LOT

COUNT OF THE PROPERTY AT ALL? >> SO IT DOES NOT.

IT WILL NOT CHANGE THE LOT COUNT, WE'RE NOT ADDING ANY LOTS, WE'RE NOT DECREASING THE SIZE OF ANY LOTS.

IT CONFORMS AND WILL STAY EXACTLY THE SAME AS THE APPROVED PRELIMINARY PLAT. SO WE'RE NOT ADDING ANY LOTS.

>> SO IF THIS IS NOT APPROVED, IT DOESN'T CHANGE THE ACTUAL

NUMBER OF COUNT OF LOTS AT ALL? >> IT WILL NOT, NO.

>> THIS IS SOMETHING THAT I'M USED TO SEEING ESPECIALLY WITH CUL-DE-SAC LOTS, IT'S AN ONGOING PROBLEM.

A LOT OF THIS I WOULD ASSUME HAS TO DO WITH CONCEPTION AND THEN LAYOUT AND THEN I THINK Y'ALL ARE BUILDING A SLIGHTLY LARGER HOUSE THAT IT'S NOT AS THOUGH YOU'RE GOING SMALLER OR ADDING LOTS, I THINK YOU'RE GOING FROM 84-85 FEET DOWN TO 80, WE'RE LOSING MAYBE 3-FOOT ON LOTS. THOSE ARE SOME OF OUR LARGEST LOTS IN THIS PART OF TOWN ARE ABOUT THAT SIZE ANYWAY.

>> THEY'RE VERY LARGE LOTS. >> EXACTLY, THESE ARE BIG LOTS.

AND THIS IS SOMETHING I'M USED TO SEEING -- I DON'T REMEMBER WHEN I FIRST SAW THIS LAYOUT. IT MAY HAVE BEEN 14 OR 16, IS THAT RIGHT. SO IT'S BEEN HANGING OUT THERE A LONG TIME. I SEE WHAT YOU'RE DOING.

>> I HAVE ONE QUESTION BECAUSE I HAD AN EMERGENCY LAST MEETING AND WASN'T ABLE TO STAY. I DON'T KNOW IF STAFF SHOULD ANSWER OR YOU, I GUESS I'M REALIZING THE ISSUE IS THE SQUARE FOOTAGE MINIMUM REQUIREMENT IS TOO BIG TO FIT INSIDE THE SETBACK REQUIREMENTS THAT YOU GUYS ARE TRYING TO SET THE PAD IN. IS THAT THE ISSUE IS THE SIZE OF

THE PAD? >> PARTIALLY, BUT WITH HAVING THAT OPTION TO MOVE OVER FIVE FEET HELPS THE J SWING AND IT ALLOWS FOR A LARGER PAD AS WELL. THE WAY THIS IS SET UP, IF YOU HAVE AN 80-FOOT LOT AND A 15-FOOT SETBACK, IT TAKES 30 FEET OUT, YOU CAN ONLY PUT A 50-FOOT PAD.

WITH A J SWING AND A THIRD CAR GARAGE, YOU NEED A LITTLE BIT MORE WIDTH TO THAT. SO IT DOES HELP WITH A J SWING

CONSTRUCTION AND DRAINAGE. >> COUNCIL, IS THERE ANY OTHER

QUESTIONS OR ANY MOTIONS? >> MOTION TO APPROVE AS

[00:20:05]

>> MOTION TO APPROVE AS PRESENTED WITH THE ADDITION OF THE 25-FOOT SETBACKS ON THE GARAGES.

>> I HAVE A MOTION. IS THERE A SECOND?

>> SECOND. >> I HAVE A MOTION AND A SECOND.

PLEASE VOTE. ITEM PASSES 6-0.

[2023-492 ]

AGRICULTURAL A ZONING DISTRICT. >> THIS IS LOT 15 OF HONEYSUCKLE RIDGE SUBDIVISION. HERE'S WHERE THE PROPOSED WATER WELL WILL BE LOCATED. IT'S 427 FEET FROM THE REAR AND 237 FEET FROM THE SIDE. THIS WATER WELL WILL BE USED FULLY FOR THE SUBJECT PROPERTY. IT WILL ONLY BE USED FOR FUTURE AND EXISTING IRRIGATION FOR LANDSCAPING.

THE PRAIRIE LANDS GROUNDWATER CONSERVATION DISTRICT HAS ALREADY APPROVED THE PERMIT FOR THIS WELL AND P&Z RECOMMENDED APPROVAL UNANIMOUSLY FOR THIS AND STAFF RECOMMENDS APPROVAL AS WELL. I'LL STAND FOR ANY QUESTIONS.

>> IS ANYONE SIGNED UP TO SPEAK? DOES THE APPLICANT WISH TO

SPEAK? >> THE APPLICANT IS HERE BUT ONLY IF YOU NEED SPECIFIC QUESTIONS FROM HER.

>> OKAY, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND

THEN WE CAN ASK ANY QUESTIONS. >> I MAKE A MOTION TO CLOSE THE

PUBLIC HEARING. >> SECOND.

>> PLEASE VOTE. IT PASSES 6-0.

COUNCIL, TIME TO ASK QUESTIONS OR A MOTION.

>> I HAVE A QUESTION ABOUT THE WELL.

DO WE KNOW WHAT THE FLOW RATE OF THIS WELL IS ANTICIPATED TO BE? IS THIS A LARGE AGRICULTURAL WELL, IS THIS FOR A SINGLE

DWELLING? >> IT IS FOR A SINGLE DWELLING, IT IS ONLY GOING TO BE USED FOR IRRIGATION FOR FUTURE AND EXISTING LANDSCAPING. SO IT'S A SINGLE FAMILY WELL.

>> WE DON'T KNOW THE SIZE OR -- >> I DO NOT, I'M SORRY.

>> DOES THE APPLICANT HAVE THAT INFORMATION? IS THIS JUST FOR A RESIDENTIAL WELL OR IS THIS AN AGRICULTURAL WELL? ALL RIGHT, THANK YOU.

>> ANY OTHER QUESTIONS OR A MOTION?

>> I WOULD LIKE TO MAKE A MOTION TO APPROVE AS PRESENTED.

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

>> WE'VE GOT A SECOND. PLEASE VOTE.

SOMEBODY DIDN'T PUSH THEIR BUTTON.

OH IT WAS ME. IT PASSES 6-0.

[2023-493]

>> THIS IS AN SUP FOR THE GIRDEAU SOLAR FARM.

IT WAS ORIGINALLY APPROVED IN MAY OF 2020.

THE SUP EXPIRED BECAUSE THE CO WAS AN ISSUE.

THE SOLAR FARM HAD SUPPLY CHAIN ISSUES THAT DELAYED THE WORK.

SO THE PROPERTY IS ZONED SINGLE FAMILY ONE AND THE FUTURE LAND USE PLAN SHOWS IT AS AN INDUSTRIAL MODULE WHICH IS

[00:25:02]

IT MEETS SEVERAL COMPREHENSIVE PLANNED GOALS SUCH AS ECONOMIC DEVELOPMENT AS WELL AS BEING COMPATIBLE WITH THE ADJACENT LAND USES. TO THE NORTH YOU HAVE AN ETJ.

TO THE WEST YOU HAVE THE COUNTY AND TO THE EAST YOU HAVE INDUSTRIAL MODULE AND INDUSTRIAL USES AS WELL AS A PD, PD147 FOR COMMERCIAL. THE SITE HAS ADEQUATE ROADS TO PROVIDE INFRASTRUCTURE TO THE SITE.

THERE'S SOUTH WYATT ROAD WHICH IS A MAJOR COLLECTOR.

THERE ARE TWO GATED ENTRANCES ON THE EAST SIDE WITH EMERGENCY ACCESS. INTERIOR ACCESS IS A MIXTURE OF ASPHALT AND CRUSHED ROCK WHICH HAS TO MEET A MINIMUM REQUIREMENT AS FAR AS THE COMPACTED SUBGRADE AND THE CRUSHED AGGREGATE NEEDS TO BE SEALED BY A LICENSED ENGINEER.

AND ON THE WEST SIDE OF THE PROPERTY, YOU HAVE WEATHERFORD ROAD WHICH PROVIDES THE THIRD POINT OF ACCESS FOR THE PROPERTY. IT'S CURRENTLY TWO LANES AND WILL EVENTUALLY BE FOUR LANES AND AN 80-FOOT WIDE RIGHT-OF-WAY. SO PROGRESS TO DATE, THE INTERIOR ACCESS HAS BEEN DEVELOPED PER THE PLANS AND IS PENDING FIRE DEPARTMENT INSPECTION.

THEY ARE CURRENTLY WORKING ON THE LANDSCAPE PLAN.

THEY HAVE BEEN PROGRESSING WITH THE IRRIGATION, CLEANING UP THE SITE, DOING TREE TRIMMING, CLEANING UNDERBRUSH AND PICKING UP TRASH AND DEBRIS. SINCE THE ORIGINAL ORDINANCE WAS PASSED, THE PROPERTY WAS PLATTED AS GERDAU LOTS 1 AND 2.

AND RIGHT-OF-WAY DEDICATION WAS DEDICATED ON JANUARY 5, 2022.

THE WEATHERFORD ROAD CHANGED FROM 120 FEET WIDE TO 80 FEET WIDE WHICH IS 40 FEET FROM THE CENTER LINE.

AND THE ORDINANCE IS PROPOSED TO BE AN 18 MONTH TERMINATION CLAUSE INSTEAD OF THREE YEARS. THE OPERATION AND MAINTENANCE, THERE IS A BUILDING THAT'S PROPOSED.

AND IT CAME BEFORE COUNCIL A LITTLE BIT AGO FOR AN EXCEPTION TO BE SERVED BY SEPTIC AND THEN ALSO FOR A PAVEMENT STANDARD FOR THE ROAD THAT SERVES IT. THIS IS THE LANDSCAPE PLAN.

THEY'VE MODIFIED IT SLIGHTLY TO ADDRESS ONE PROPERTY OWNER'S CONCERN ABOUT -- IN THE AREA. AND SO THAT POINTS TO THE SITE WHERE THEY NEGOTIATED AND WORKED WITH THE ADJACENT PROPERTY OWNER. THE BLUE AREAS SHOW WHERE THERE'S CREEK AND WHEN THERE'S CREEK THERE'S A LOT OF TREES.

SO THEY ARE PRESERVING THE TREES AROUND THE CREEK AREAS AND SO THAT'S WHAT THE BUFFER ZONE IS. THEY PROVIDED A SITE PLAN THAT SHOWS THE ACTUAL SOLAR PANELS AS WELL AS THE BUFFER SHOWN IN THE RED WITH A RED DASH LINE. WE WORKED WITH THE APPLICANT SO THERE ARE SOME AREAS THAT ARE HEAVILY WOODED.

IN ADDITION TO THE AREAS THAT ARE ADJACENT TO THE CREEK.

AND SO THEY PROVIDE LIKE AN INVENTORY OF THE TREES.

WE LOOKED AT THE LIST AND IF IT WAS AN ACCEPTABLE TREE SPECIES, AND A HEALTHY TREE, THEN WE ARE GOING TO ALLOW FOR SUBSTITUTIONS. THEN WE ARE ALSO GOING TO ALLOW THEM TO USE IRRIGATION BAGS WITH WATER CHECKS BECAUSE THERE AREN'T WATER LINES BECAUSE THE CITY OF MIDLOTHIAN DOES NOT PROVIDE WATER ALL AROUND THE SITE.

THEY ARE PROVIDING IRRIGATION ALONG HIGHWAY 67 AND THAT AREA HAS THE HIGHEST AMOUNT OF TRAFFIC AND THE HIGHEST

[00:30:03]

THE ENTRANCES, THERE'S ONE ENTRANCE HERE THAT GOES TO THIS AREA. AND THERE'S ANOTHER ENTRANCE HERE THAT GOES TO THE WESTERN AREA.

AND THOSE ARE THE PRIMARY ENTRANCES TO THE SITE.

THE GOAL WHEN WE LOOKED AT THE LANDSCAPING WAS TO TRY TO GET DIVERSITY OF SPECIES SO THAT YOU DON'T HAVE A MONOCULTURE ENVIRONMENT. THAT IS A BETTER WAY TO KEEP A HEALTHY STAND OF TREES IF YOU HAVE LIKE ONE DISEASE COULDN'T COME IN AND WIPE OUT THE WHOLE GROUP.

SO THIS IS THE PROPERTY WHERE WE HAD AN ADJACENT PROPERTY OWNER WHO CAME AND ASKED US TO LOOK AT THE PROPERTY AND WE DID DO A SITE VISIT. AND SO WE ADDED A SECTION TO THE ORDINANCE TO ADDRESS THAT SITE. THE APPLICANT HAS AGREED TO PROVIDE A SCREENING INCLUDING TREES AND SHRUBS THAT ARE 120 FEET NORTH OF THE THREE INCH POST.

TREES AND SHRUBS THAT ARE 190 FEET EAST OF THE THREE INCH POST. SLATS FOR THE PERIMETER FENCE, AND THEN 1600 FEET NORTH OF THE POST.

AND SLATS FOR THE PERIMETER FENCE 180 FEET EAST OF THE POST.

THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL 6-0. AND THEY ADDED THE SECTION 2E WHICH IS THE ONE THAT INCLUDES THE PROVISIONS FOR THE SCREENING FOR THAT PROPERTY. PROPERTY OWNER NOTICES WERE SENT TO EVERYONE WITHIN 200 FEET. 55 TOTAL LETTERS WERE MAILED AND WE RECEIVED ONE LETTER OF OPPOSITION.

STAFF RECOMMENDS APPROVAL. AND IF STAFF WISHES TO ADDRESS THE ADJACENT PROPERTY OWNER'S CONCERN, THEN THE STAFF RECOMMENDATION REPRESENTS LANGUAGE FOR THE ADDITIONAL SCREENING. ARE THERE ANY QUESTIONS?

>> TAMMY, DO WE HAVE ANY CITIZENS WHO WISH TO SPEAK ON THIS ITEM? YOU CAN COME ON UP.

YOU HAVE THREE MINUTES. I'M GOING TO SEE IF I CAN MAKE

THIS TIMER WORK. >> MY NAME IS DEBORAH, THANK YOU GUYS FOR ALLOWING ME. I LIVE AT 1241 EAST WYATT ROAD, MIDLOTHIAN. I WAS AT PLANNING AND ZONING.

I PROTEST THIS SOLAR FARM FROM THE VERY BEGINNING.

YOU GUYS, PLANNING AND ZONING AND THE CITY COUNCIL TOLD ME THAT THERE'S GOING TO BE A 20-FOOT RIPARIAN BARRIER AND A 20-FOOT SETBACK ON THE CHAIN-LINK FENCE.

I'M DIRECTLY, MY PROPERTY, I CANNOT ENJOY THE BACK OF MY PROPERTY ANYMORE. THEY TORE DOWN THE RIPARIAN BUFFER THAT YOU GUYS APPROVED THEM TO DO.

I TRIED TO STOP IT WHEN THEY FIRST BEGAN.

THE CITY TURNED THEIR HEADS. THEY WOULDN'T DO NOTHING ABOUT IT. I EVEN HAVE HIRED AN ATTORNEY AND YOU ALL WOULDN'T EVEN RESPOND TO THEM.

NOW IT'S TIME BEFORE THEY DO THIS, THEY NEED TO MAKE THIS CORRECT. I CAN SEE THOSE SOLAR PANELS DIRECTLY FROM MY BACK WINDOW EVERY DAY, SHINING IN THE MORNING FACING ME. AND SO SINCE IT'S THEIR FAULT, YOU GUYS DIDN'T DO ANYTHING ABOUT IT, I DON'T WANT TO SEE THOSE SOLAR PANELS. YOU APPROVED THEM NOT TO BE MORE THAN 12 FEET TALL, BUT YOU STILL ALLOWED THEM TO BUILD A HILL BACK THERE WHERE NOW THEY'RE SITTING WAY UP IN THE AIR.

AND IT'S CAUSING THE BACK OF MY PROPERTY TO BE FLOODED BECAUSE OF THE WAY THEY CHANGED THE LANDSCAPE OF LAND BACK THERE.

I THINK SOMETHING NEEDS TO BE DONE.

YOU KNOW, JUNKYARDS REQUIRE A 12-FOOT FENCE.

YOU KNOW WHAT, THEN PUT A 12-FOOT PRIVACY FENCE AROUND THE BACK OF MY PROPERTY SO I CAN'T SEE THOSE SOLAR PANELS.

YOU GUYS GOT TO MAKE IT RIGHT NOW BECAUSE YOU PROMISED ME THAT IT WOULD NOT INTERFERE WITH MY USE AND ENJOYMENT AND THEY TOOK ADVANTAGE OF IT AND THEY TORE DOWN EVERY SINGLE TREE THAT WAS THERE FOR 50 YEARS RIGHT ON THE THING.

I'VE BEEN HERE SINCE '88, I GOT ANNEXED IN THE CITY BECAUSE YOU PROMISED THAT YOU WANTED TO KEEP IT NICE AND CONTROL THE AREA.

AND NOW LOOK WHAT YOU DID TO THE BACK OF MY PROPERTY.

YOU DEVALUATED MY PROPERTY. AND I THINK SOMETHING BEFORE THIS GETS APPROVED, SOMETHING NEEDS TO BE DONE THAT'S OKAY WITH ME THAT I DON'T SEE THOSE SOLAR PANELS FROM THE BACK OF MY

[00:35:02]

>> THANK YOU. WOULD THE APPLICANT LIKE TO -- WE'LL GET TO THE APPLICANT AFTER WE CLOSE THE PUBLIC HEARING.

IS THERE ANY OTHER SPEAKERS FOR THE PUBLIC HEARING? I HAVE A MOTION TO CLOSE THE PUBLIC HEARING?

>> MOTION TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> I HAVE A MOTION AND A SECOND.

PLEASE VOTE. THE PUBLIC HEARING IS CLOSED 6-0. THE APPLICANT WOULD LIKE TO

SPEAK, THIS IS YOUR OPPORTUNITY. >> MAYOR PRO TEM, COUNCILORS, THANKS VERY MUCH FOR YOUR TIME AND ATTENTION THIS EVENING, THIS AFTERNOON, IT'S A LITTLE EARLY. I'M ERICA VARBLE, I LIVE IN THE AREA UP IN IRVING AND REPRESENT GERDAU AT THE MIDLOTHIAN MILL.

AS YOU'RE ALL AWARE, THE FATE OF THE MILL IS VERY MUCH TIED TO THE CITY OF MIDLOTHIAN. YOU GUYS ARE HUGE PARTNERS WITH US AND WE'RE VERY GRATEFUL FOR ALL OF THE HELP THAT WE GET FROM THE CITY OF MIDLOTHIAN AND FROM THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION. WE'RE VERY PROUD TO HAVE A LOT OF EMPLOYEES FROM MIDLOTHIAN AND TO BE VERY CLOSELY TIED WITH THE CITY TO PROVIDE A LOT OF SALES TAX REVENUE.

WHAT YOU MAY NOT KNOW IS THAT THE FATE OF GERDAU ITSELF IS VERY MUCH TIED TO THE COST OF POWER.

IT'S ONE OF OUR HIGHEST USES OF INPUT COSTS AND ONE OF THE ONLY ONES THAT WE CAN REALLY CONTROL IN ANY MEANINGFUL WAY.

SO THIS PROJECT HAS BEEN VERY IMPORTANT TO US.

IT'S REALLY HELPING US TO KIND OF EVEN OUT SOME OF THOSE SWINGS THAT WE SEE IN THE SUMMER. THE SOLAR PLANT IS IN OPERATION NOW. IT WAS GENERATING POWER FOR US THIS SUMMER AND IT'S ALREADY HELPING US A LOT.

IT'S GENERATING MORE TAX REVENUE FOR THE CITY AGAIN AND SO WE'RE VERY HAPPY TO HAVE IT UP AND RUNNING AND LOOK FOR YOUR SUPPORT IN THIS MATTER. THANK YOU.

>> COUNCIL -- SORRY, YOU'RE ONE OF THE APPLICANTS AS WELL?

>> YEAH. GOOD AFTERNOON, COUNCIL MEMBERS, THANK YOU SO MUCH FOR YOUR TIME. MY NAME IS NICOLE HARRISON AND I'M HERE ON BEHALF OF ELLIS SOLAR ALONG CAN MY COLLEAGUE, WE PARTNERED WITH GERDAU IN BUILDING THIS PROJECT.

WE'RE THANKFUL TO REPORT THAT THE PROJECT IS NEARLY COMPLETE.

AS NOTED WE FINISHED INSTALLING ALL OF THE MODULES, HAVE BEEN GENERATING POWER FOR THE MILL SINCE JUNE OF THIS YEAR AND REALLY WHAT'S LEFT IS COSMETIC. WE'VE BEEN FINISHING UP THE LANDSCAPING WORK, IT IS SCHEDULED TO BE DONE BARRING ANY WEATHER DELAYS THIS SATURDAY. AT WHICH POINT WE WILL BE READY FOR A CERTIFICATE OF OCCUPANCY FINAL INSPECTION.

BUT WE CAN'T DO THAT UNTIL WE HAVE THE SUP IN PLACE AND THAT'S WHY WE'RE BEFORE YOU TODAY. IN TERMS OF WHAT IS DIFFERENT AS NOTED BY MS. ELLIOT, IT IS BASICALLY A SMALLER FOOTPRINT THAN WAS ORIGINALLY REQUESTED. SO MODIFICATIONS TO THE LANDSCAPING WITH THE GUIDANCE OF THE DEVELOPMENT REVIEW COMMITTEE AND ALSO ASKING FOR 18 MONTHS INSTEAD OF THREE YEARS TO GET THE CERTIFICATE OF OCCUPANCY APPROVED.

ALTHOUGH IT'S 18 MONTHS AS NOTED, WE ARE VERY EAGER TO TRY AND GET THAT CERTIFICATE OF OCCUPANCY BY THE END OF THE YEAR SO WE CAN FINALLY MOVE INTO THE OPERATIONS PHASE OF THE PROJECT.

AND SO WHEN WE DO HAVE IT IN OPERATION, WE ARE GOING TO BE WORKING ALONGSIDE A PARTNER, A CONTRACTOR THAT SPECIALIZES IN MANAGEMENT AND MAINTENANCE OF THESE KINDS OF PROJECTS.

THEY'RE NOW ALREADY AND HAVE BEEN A VITAL RESOURCE, WE'RE ALSO WORKING WITH A LOCAL RANCHER THAT PROVIDES SHEEP FOR THE SITE AND IS HELPING MAINTAIN THE VEGETATION SO THAT THE MODULES GET MAXIMUM LIGHT FROM THE SUN.

I'LL GO AHEAD AND ADDRESS THE COMMENTS MADE BY THE RESIDENT.

THAT IS THE PORTION THAT WAS RECOMMENDED TO BE ADDED TO THE ORDINANCE BY THE PLANNING AND ZONING COMMITTEE.

THAT WAS DONE THROUGH CONVERSATION WITH THE RESIDENT AND WORKING WITH MS. ELLIOT AS WELL TO TRY AND FIGURE OUT HOW TO BEST ADDRESS THE CONCERN OF SEEING THE MODULES FROM HER PROPERTY. SO WITH THAT, WE DECIDED TO INCORPORATE SOME SLATS INTO THE FENCING AS WELL AS TO ADD LANDSCAPING TO THE AREA THAT IS ADJACENT TO HER PROPERTY.

WE'VE ALREADY ORDERED THE MATERIALS FOR THAT.

IT HAS ABOUT A THREE WEEK LEAD TIME SO WE'RE EXPECTING THOSE SLATS TO ARRIVE ON SITE IN ABOUT THREE WEEKS AND WE'LL BE INSTALLING THAT AS WELL AS ADDITIONAL LANDSCAPING.

AND WE'RE HOPEFUL THAT THAT SHOULD ADDRESS THE CONCERN IN TERMS OF THE VISIBILITY OF THE MODULES.

ONE OTHER THING I'LL NOTE IS AT THE PLANNING AND ZONING MEETING,

[00:40:01]

TO TRY AND CREATE SOME ADDITIONAL SPACE, WE'RE WORKING ON MOVING THE FENCING AS WELL. SO IT WILL BE MOVED BACK ANOTHER 15 FEET AWAY FROM HER PROPERTY APPROXIMATELY.

AND SO THAT'S TO HOPEFULLY ADDRESS THAT CONCERN AS WELL.

SO WITH THAT, UNLESS THERE ARE ANY QUESTIONS --

>> JUST A STATEMENT. GROWING UP HERE I'VE BEEN A BIG FAN OF GERDAU AND THE THINGS THEY DO FOR THE COMMUNITY AND THE BENEFIT AND THE PARTNERSHIP THEY'VE HAD WITH THE CITY.

BUT I DO WANT TO SAY ONE THING, IF THIS PASSES TODAY, GO FORTH IN GOOD CONSCIENCE WITH THIS RESIDENT.

IF THERE'S SOMETHING THAT WE'RE NOT HOLDING YOU TO THAT SOMEHOW SLIPS BETWEEN OUR FINGERS AND BETWEEN Y'ALLS THAT'S CAUSING HER HEARTACHE, Y'ALL NEED TO MAKE THAT RIGHT.

IT'S NOT JUST WELL IS IT IN THE LEGAL CONTRACT, IT'S WHAT IS RIGHT. AND I DO HAVE FAITH THAT Y'ALL WILL DO THAT, BUT I JUST WANTED TO SAY I HOPE Y'ALL GO FORWARD WITH YOUR PLANS AND MAKE IT RIGHT EVEN IF THERE'S SOMETHING YOU HAVE TO DO ADDITIONALLY TO MAKE THAT RIGHT FOR THAT

RESIDENT. >> YOU MENTIONED SLATS, ARE WE TALKING ABOUT YOU'RE JUST GOING TO PUT THOSE STRIPS IN A CHAIN-LINK FENCE? IS THAT WHAT YOU'RE TALKING ABOUT IN SLATS? OR ARE YOU TALKING ABOUT SOME

TYPE OF AN ACTUAL PRIVACY FENCE? >> YEAH, SO IT'S SLATS THAT ARE GOING TO BE INSTALLED IN THE CHAIN-LINK FENCE.

IT'S ALSO GOING TO BE REINFORCED AND BECAUSE OF THE WIND IT NEEDS TO BE A STRONGER, MORE ROBUST FENCE.

SO THAT'S WHAT WE'RE GOING TO BE CHANGING OUT AND PUTTING IN THE SLATS AS WELL AND THAT SHOULD BASICALLY CREATE A THICKER BORDER ALONG WITH LANDSCAPING THAT WILL BE IN FRONT OF THAT

FENCE. >> IS THIS FENCE GOING TO BE HIGH ENOUGH TO OCCLUDE LINE OF SIGHT BETWEEN THE RESIDENT AND

THE PANELS? >> THE FENCE IS GOING TO BE THE SAME HEIGHT AS EVERYWHERE ELSE AROUND THE PERIMETER OF THE PROPERTY SO IT IS OUR EXPECTATION THAT THAT ALONG WITH THE TREES WILL BE ABLE TO REDUCE THE VISIBILITY.

>> THAT HEIGHT RIGHT NOW IS WHAT? EIGHT AND A HALF FEET. AND IF IT DOESN'T BLOCK OUT THE SOLAR PANELS, Y'ALL WILL MAKE THAT RIGHT?

>> YES, OF COURSE. WHAT I'LL NOTE IS I PERSONALLY SENT A MESSAGE AND TOLD HER I WANT TO KEEP AN OPEN DIALOGUE IF

ANY FUTURE CONCERNS COME UP. >> YOU MENTIONED AN ALTERNATIVE SOLUTION THAT WAS NOT PRESENTED, CAN YOU PRESENT THAT ALTERNATIVE

SOLUTION? >> IT WAS PRESENTED.

THERE WAS A SLIDE THAT SAID TREES AND SHRUBS WOULD BE PROVIDED 120 FEET NORTH FROM THE THREE INCH POST AND 190 FEET EAST OF THE THREE INCH POST. AND SLATS WOULD BE PROVIDED IN THE PERIMETER FENCE. 116 FEET TO THE NORTH AND 180 FEET TO THE EAST. AND I DO WANT TO MENTION THAT STAFF DID GO OUT AND LOOK AT THE PROPERTY AND MEET WITH HER ABOUT

THAT. >> AND YOU FEEL THAT THE SOLUTION IS GOING TO BE ADEQUATE IN ORDER TO SCREEN HER PROPERTY

FROM THAT? >> IT WILL AND I DO WANT TO SAY THAT I WISH I HAD THE SLIDE UP, BUT ACTUALLY THAT ONE CORNER THAT WE'RE DESCRIBING IS OUTSIDE OF THE FLOODPLAIN.

SO IT WAS NOT PART OF THAT RIPARIAN BUFFER FOR THAT AREA.

SO THAT ONE CORNER IS OUTSIDE OF THE FLOODPLAIN.

SO THEY DIDN'T DO ANYTHING WRONG IS WHAT I'M TRYING TO SAY.

>> WE HAVE CLOSED THE PUBLIC HEARING.

>> WHAT I WANT TO MAKE SURE OF IS THAT WE'RE NOT -- HERE'S THE DEAL, I LIVE HERE TOO. I KNOW IF YOU GUYS BUILT A SOLAR FARM BEHIND MY HOUSE, I WOULDN'T WANT THE GLARE COMING OFF THE PANELS COMING IN MY WINDOWS IN THE MORNING.

I WOULDN'T WANT TO SEE IT PERSONALLY.

I WOULD WANT SOMETHING FROM ADEQUATELY SCREENS IT FROM MY PROPERTY AND I WANT ASSURANCE THAT THIS IS BEING PROVIDED FOR

THIS RESIDENT. >> UNDERSTOOD.

AND THAT'S WHY WITH THE RECOMMENDATION OF ADDING THAT INTO THE ORDINANCE, WE WILL BE OBLIGATED TO MAKE THESE

MODIFICATIONS WITHIN 90 DAYS. >> OF THESE MODIFICATIONS

PRESENTED TO THE RESIDENT? >> THESE WERE MODIFICATIONS THAT WERE DISCUSSED WITH THE RESIDENT, YES.

>> I MEAN THE FINAL PLAN OF THIS IS WHAT WE'RE GOING TO DO, THAT

[00:45:01]

SO THAT'S MY CONCERN. >> WE MET WITH HER AND WROTE DOWN WORD FOR WORD EVERYTHING SHE ASKED US TO DO.

I DON'T REALLY KNOW WHAT ELSE TO SAY.

>> HAVE YOU PRESENTED THIS AND SAID WHAT SPECIFICALLY --

>> YES, SIR. WE PRESENT EVERY DETAIL AND TALKED TO HER ABOUT IT. I DON'T KNOW WHAT TO SAY.

AT THE TIME SHE WAS OKAY WITH IT BUT NOW SHE'S NOT.

THE TREES, IT WILL PROVIDE A BUFFER AND IN ADDITION TO THE TREES THAT THEY'RE PLANTING, THERE ARE TREES ON THE OTHER SIDE OF THE FENCE. SO THERE'S QUITE A FEW TREES IN

THE AREA. >> SO THESE TREES WILL PROVIDE A

SOLID SCREEN? >> THE TREES AND SHRUBS AND THEN THE ADDITIONAL SLATS IN THE FENCE AS WELL.

>> NO, WE CLOSED IT. >> WHEN WE'RE SAYING THE TREES WILL -- LIKE IN HOW MUCH TIME ARE WE TALKING ABOUT? ARE THEY GOING TO BE PLANTED RIGHT AWAY TALL ENOUGH?

>> I GUESS I CAN'T SPEAK TO THE HEIGHT GENERALLY SPEAKING, BUT THE PLAN IS THAT WE ARE MOVING THE FENCE ONCE THE MATERIALS COME IN IN ABOUT THREE WEEKS. AND THEN THE LANDSCAPING CAN BE INSTALLED SHORTLY THEREAFTER. IT IS THE SAME LANDSCAPING IN TERMS OF THE TREE REQUIREMENTS AS THE REST OF THE PERIMETER OF THE PROJECT. AND SO WE ARE ESTIMATING THAT THE FENCE WORK AND THE LANDSCAPING WILL BE DONE BY THE

END OF NEXT MONTH INTO JANUARY. >> SO CAN SOMEONE TELL ME HOW

TALL THE TREES ARE? >> THE TREES THAT ARE CURRENTLY ON ORDER ARE CURRENTLY ABOUT 8 TO 10 FEET TALL AND THEY'RE BEING SPREAD OUT APPROPRIATELY AS PER THE LANDSCAPE PLAN.

AS MENTIONED THERE IS EXISTING LANDSCAPING IN THAT AREA CURRENTLY. SO WE WOULD BE ADDING IN THAT.

THE SLATS WILL BE IN AHEAD OF THAT AS WELL TO HELP WITH

DISGUISING THE PANELS. >> AND AT MATURE GROWTH --

>> 20 TO 40 FEET. >> WHAT'S THE TIME TO MATURITY?

>> I DO NOT KNOW THE EXACT NUMBER TO THAT.

I ASSUME IT WOULD PROBABLY BE AROUND 15.

>> WE'LL CIRCLE BACK. >> I WAS SITTING ON THE COUNCIL WHEN THIS APPROVED. I REMEMBER NOTHING BUT ASSURANCES OVER ASSURANCES WITH PROPERTY OWNERS THAT THIS WOULD NOT IMPEDE UPON THEIR PROPERTY VISUALLY OR ANY OVERBEARING WAY.

I NEED TO TALK TO THE STAFF MEMBER OR SOMEONE THAT REMEMBERS ALL ABOUT THAT ORIGINAL AGREEMENT BECAUSE I HAVE SOME QUESTIONS ON MY MIND THAT I THINK I REMEMBER.

BUT WHO HEAR KNOWS ALL ABOUT THE ORIGINAL AGREEMENT? BECAUSE I REMEMBER A LOT ABOUT IT.

SO, I REMEMBER SOMETHING ABOUT AN 8-FOOT BERM.

SO WE KNEW THAT THOSE FOLKS DID NOT WANT TO LOOK AT THIS STUFF.

I WOULDN'T. I DON'T KNOW, I'M ASSUMING THAT THE PROPERTY OWNER'S HOME HAS GOT TO BE SOMEWHAT ELEVATED COMPARED TO THE REST OF THE PROPERTY OR HER HOUSE WOULD GET

FLOODED. >> SHE'S GOT A LITTLE ELEVATION WHERE SHE'S KIND OF LOOKING DOWN ON THIS?

>> YES, SHE'S TO THE NORTH. SHE'S NOT WHERE THE BERM WOULD

BE. >> SO WHY WOULD WE NOT HAVE SOMEWHERE BETWEEN A FOUR AND AN 8-FOOT -- I MEAN THAT'S THE CHEAPEST FORM -- I THOUGHT WE SAID SOMETHING ABOUT THIS TRIANGLE AREA WASN'T IN THE FLOODPLAIN OR WE SAID IT WAS?

>> IT'S REAL CLOSE. >> BUT I GUESS I'M A LITTLE BIT CONCERNED COMING OUT OF THE FENCE BUSINESS BECAUSE I KNOW THERE'S A NUMBER OF MATERIALS THAT CAN BE CHOSEN.

AND IF THEY PUT IN SOME PVC SLATS, THEY DON'T LAST AND THEY GET TO LOOKING BAD. ANYTHING FENCING DETERIORATES.

AND SO WHAT I'M ALSO CONCERNED ABOUT, I THINK I SAW ON THEIR THREE INCH COUNT FOR TREES. THOSE ARE BABIES.

[00:50:03]

BECAUSE I WAS ASTONISHED A FEW YEARS AGO IN ANOTHER DEVELOPMENT WHERE WE ASSURED THEM THAT, EXCUSE ME, AN 11-FOOT BUFFER WOULD BE LEFT. AND THEN THEY CALL ME BACK OUT THERE AND THE 11-FOOT BUFFER DID NOT GET TOUCHED, BUT I WAS AMAZED AT HOW OPEN IT WAS. SO DID WE -- NOT WE, DID THIS BUFFER ACTUALLY ACCIDENTALLY GET INTRUDED UPON?

>> THAT I CAN'T ANSWER. >> I THOUGHT THAT GERDAU AND THE PLANNING DIRECTOR AT THE TIME WENT OUT THERE AND IT WAS INTACT. BUT THAT'S BEEN THREE YEARS AND

I CAN'T -- >> I GUESS MY PROBLEM THAT I HAVE IS IF IT'S BEEN INTRUDED UPON AND IF IT'S WRONG, IT'S GOT TO BE FIXED ABOVE AND BEYOND WHAT IT WAS BEFORE.

I AM CONCERNED ABOUT ANY TYPE OF A WOOD FENCE, A SLAT FENCE, AND THAT SOIL WE KNOW DOWN THERE IS VERY BAD, RIGHT?

>> RIGHT. >> SO THEY'RE NOT GOING TO GO IN THERE AND -- SO HOW DO WE GET AWAY FROM NOT HAVING A BERM THAT IS I DON'T KNOW HOW HIGH? HERE'S THE THING THAT I'M CONCERNED ABOUT THE MOST -- HOW DO WE HAVE GUARANTEES, IS THERE WATER IN PLACE TO WATER THE TREES SO WE DON'T HAVE TO WORRY

ABOUT THE TREES DRYING? >> THEY HAVE THE GATOR BAGS AND

WATER TRUCKS. >> BUT WE'VE RUN INTO THAT BEFORE WHERE WE'VE HAD TREES DIE, RIGHT?

>> I WOULD ASSUME SO, YEAH. WE'RE GOING TO HAVE TO BE ON TOP

OF THAT. >> I'M REALLY CONCERNED --

>> WE DID PUT THAT IN THE ORDINANCE.

WE PUT IN THE ORDINANCE -- >> I'M NOT WORRIED ABOUT, WHAT I'M WORRIED ABOUT IS THERE HAS TO BE SOME SORT OF A FOLLOW-UP

INSPECTION PROCESS. >> SO WE'VE JUST HIRED THAT ZONING ENFORCEMENT PERSON WE DIDN'T HAVE BEFORE IN THE LAST BUDGET. SO IF THERE'S SOMETHING IN THE ORDINANCE THAT THEY GET OUT OF COMPLIANCE WITH, SOMEBODY CAN

CALL THAT OFFICER. >> OUR ZONING INSPECTOR.

>> AND THEY WILL BE FINED. >> SO WITHIN THE ORDINANCE WE'LL ALSO HAVE A MAINTENANCE AND UPKEEP CLAUSE.

>> THE WATERING SCHEDULE WILL BE ADJUSTED AS NEEDED FOR

SUCCESSFUL TREE ESTABLISHMENT. >> DOES IT SAY ANYTHING ABOUT ANY VEGETATION THAT WOULD DIE DUE TO LACK OF WATER --

>> THAT WOULD BE A ZONING VIOLATION.

SO WE HAVE THE ABILITY TO FINE THEM.

>> AS WELL AS THE MAINTENANCE OF THE FENCE WOULD BE A VIOLATION

OF THE ZONING. >> WE HAVE THE PEOPLE IN PLACE TO INSPECT THIS AND MAKE SURE IT'S DONE SO WE DON'T HAVE TO HEAR FROM DEBORAH. BECAUSE I WATCHED DEBORAH COME IN HERE FROM THE BEGINNING AND I'M GOING TO TELL YOU SOMETHING, EXACTLY WHAT SHE TOLD US WOULD HAPPEN HAS HAPPENED.

AND IT DOESN'T MAKE ME FEEL GOOD.

BECAUSE SHE WAS GIVEN ASSURANCE OVER ASSURANCE OVER ASSURANCE, DON'T WORRY ABOUT IT, IT WILL ALL BE FIXED.

AND I WANT TO KNOW, I DON'T SEE HOW WE'RE ABLE TO DO THIS, IF WE APPROVE IT AND THIS IS MY BIGGEST CONCERN, SOMEHOW WE HAVE TO HAVE AN INSPECTION PROCESS BEFORE IT'S RELEASED THAT IT IS MEETING HER EXPECTATIONS BECAUSE SHE CAN'T VISUALIZE JUST LIKE I THOUGHT THE TIME ON THIS OTHER PROJECT WHERE I TALKED ABOUT AN 11-FOOT, I THOUGHT THAT WILL BE PLENTY, I WENT OUT THERE AND I WAS ASTONISHED IT WAS LIKE IT WAS WIDE OPEN.

SO I'M CONCERNED THAT WE DON'T GET THIS RIGHT.

>> FROM WHAT I UNDERSTAND I THINK THEY'VE MET ON SITE WITHIN

THE PAST TWO WEEKS. >> WHO'S THEY?

>> I MET WITH HER AND THE PUBLIC WORKS DIRECTOR.

>> THE REPRESENTATIVE OF GERDAU? >> THE GERDAU REPRESENTATIVE

COULD NOT MAKE IT. >> SO IT WAS OUR STAFF.

>> NICOLE DID TALK TO HER AS WELL AND SO WE ALL HAD TALKED

ABOUT IT. >> HAS ANYBODY BEEN OUT THERE TO CONFIRM THAT AS SHE'S STANDING IN HER BACKYARD AND SHE LOOKS AT

THIS SOLAR FARM THAT -- >> YES.

>> PUTTING UP WHATEVER Y'ALL SUGGESTED IS GOING TO DEFINITELY GET THE BLOCK THAT WE'RE LOOKING FOR?

>> YES. WE WENT OUT --

>> WE'VE MEASURED -- >> AT THE FENCE AND WE LOOKED AT THE DISTANCE BETWEEN THE POSTS THAT IT WOULD COVER IT.

I DO HAVE PICTURES, THEY'RE IN THE REGULAR POWERPOINT.

SO IF YOU LOOK AT IT, THE AREA IN THE FLOODPLAIN, THEY DID MAINTAIN THE TREES, THAT DISTANCE THAT WE TALKED ABOUT, THE DISTANCES WE MENTIONED. IF YOU LOOK AT THEM, YOU DO SEE

[00:55:02]

FLOODPLAIN. >> SO LET'S SAY THAT WE APPROVE THIS AND IT GOES BAD AGAIN IN TWO YEARS -- WHAT'S THE REMEDY?

>> WE WOULD TAKE THEM TO MUNICIPAL COURT, IT WOULD BE UP TO A $2,000 A DAY FINE. THAT'S A ZONING VIOLATION.

THE ZONING VIOLATION WOULD BE GERDAU'S.

>> WE MESSED UP ON THIS ONE SO WE'VE GOT TO FIX IT.

>> THESE REQUIREMENTS THEY'RE DISCUSSING ARE IN THIS SUP

BEFORE US. >> SO WE'RE SATISFIED THOUGH THAT YOU SAY THE HEIGHT OF THE FENCE WITH THE SLATS IS GOING TO

BE 8-FOOT? >> THAT'S WHAT I UNDERSTAND.

>> THE APPLICANT STATED IT WAS EIGHT AND A HALF FEET, YES.

>> DO WE KNOW WHAT COLOR THE SLATS ARE GOING TO BE?

>> SLATS IS WHAT I HEARD. >> THEY'LL BE BLACK SLATS.

>> IS THE FENCE BLACK OR GALVANIZED? OKAY, AT LEAST THAT'S NOT GOING TO DETERIORATE.

YOU SAY THEY'RE BLACK, BUT I'M ASSUMING THAT'S A PVC SLAT? YOU DO KNOW THAT THOSE PVC SLATS HAVE A LITTLE BITTY GAP SO THEY DON'T TOTALLY BLOCK. MY BIGGEST WORRY IS WE GET DONE AND THEY MEET EVERY SPEC AND THEN SHE'S SAYING I NEED YOU TO COME LOOK AND I GO OUT THERE AND LOOK AND IT'S NOT RIGHT AGAIN.

IT'S PRETTY GOOD, BUT IT'S NOT RIGHT.

SO ALL I'LL SAY IS I'M GOING TO FIGURE THIS OUT, BUT WE HAVE TO

GET THIS RIGHT. >> WE WILL MAKE THEM MEET THE

LETTER OF THIS ORDINANCE. >> OKAY AND WE HAVE FOLLOW UP?

>> I JUST WANT TO CLARIFY REALLY QUICK, I HEAR STAFF SAYING THAT THEY WENT ABOVE AND BEYOND, MET ON SITE, CAME UP WITH THE PLAN AND ALL WERE IN AGREEMENT WITH THE PLAN.

AM I HEARING YOU CORRECT? >> THAT IS CORRECT.

>> AND IT'S WRITTEN IN THE ORDINANCE, WE HAVE SOMEONE TO FOLLOW UP TO MAKE SURE THE ORDINANCE GETS PUT INTO PLACE.

>> THEY HAVE NOT RECEIVED THEIR CERTIFICATE OF OCCUPANCY YET.

THAT IS WHAT THEY'RE WAITING ON. SO THEY'RE NOT EVEN GOING TO COME CLOSE TO GETTING THAT UNTIL THEY MEET THIS.

>> SO ALL OF THIS HAS TO BE PUT INTO PLACE IN ORDER FOR THE CO

TO BE ISSUED. >> I DON'T THINK DEBORAH HAS A PROBLEM WITH ALL OF IT BEING PUT IN PLACE WHEN IT'S WHAT SHE'S BEEN TOLD. IT'S THAT IT'S PUT IN PLACE AND THAT IT WORKS OUT THE WAY SHE'S BEEN TOLD AND THAT IT'S MAINTAINED. I THINK THAT'S WHERE WE'RE AT A

QUANDRY. >> MA'AM, WE'VE CLOSED THE PUBLIC HEARING -- MS. DEBORAH, WE'VE CLOSED THE PUBLIC HEARING.

WE HAVE CLOSED THE PUBLIC HEARING.

THANK YOU. >> I'VE JUST GOT SOME QUESTIONS THAT ARE LEGAL IN NATURE AT WHATEVER POINT YOU DEEM THAT WE

COULD GET WITH JOE IN EXECUTIVE. >> YOU'RE REQUESTING TO GO TO

EXECUTIVE SESSION? >> YES, BUT AT WHATEVER POINT IN THIS PROCESS YOU DEEM NECESSARY. I THINK IF YOU'RE OKAY WITH THAT, I KNOW YOU HAD SOME FOLLOW UP QUESTIONS IF WE COULD GO TO

EXECUTIVE REAL QUICK. >> AS LONG AS I GET A CHANCE TO

ASK THEM WHEN WE COME BACK. >> OKAY, AT THIS TIME THE CITY COUNCIL WILL CONVENE INTO EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SESSIONS OF THE TEXAS GOVERNMENT CODE, EXECUTIVE SESSION ITEMS ARE DISCUSSED IN CLOSED SESSION, BUT ANY AND ALL ACTION TAKEN DISCUSSED IN OPEN SESSION IN ACCORDANCE TO SECTION 551.071. WE'RE GOING BACK THERE FOR 2023-493, AND WE'RE ALSO GOING TO DO 2023-498. EXECUTIVE SESSI.

>> I MAKE A MOTION THAT WE CONTINUE THE ITEM, WHAT ITEM IS THIS, 493 UNTIL THE JANUARY 9TH CITY COUNCIL MEETING.

[01:00:06]

MOTION AND SECOND. THAT IS CONTINUED UNTIL THE JANUARY 9TH MEETING. NOW OPENING ITEM 2023-494,

[2023-494 ]

400 SOUTH HIGHWAY 67. >> I'M JUST GOING TO STATE IT FOR COLBY UNTIL HE GETS BACK. THIS IS A PD AMENDMENT AND IT WILL ALLOW THE USE OF A TEMPORARY STORAGE CONTAINERS FOR THE SUBJECT PROPERTY. THERE YOU ARE.

>> SORRY ABOUT THAT. AS MARY WAS SAYING OUR NEXT CASE IS FOR AGENDA ITEM 494 FOR CASE FOR STORAGE CONTAINERS AT THE WALMART LOCATION. THIS NEXT SLIDE IS JUST A LARGER IMAGE OF THE LOCATION EXHIBIT WITH THE SITE OUTLINED IN GREEN.

COUNCIL VOTED 2-3 TO RECOMMEND APPROVAL TO ALLOW THE TEMPORARY STORAGE CONTAINERS ON THE SITE FROM OCTOBER TO DECEMBER 31, 2022, LAST YEAR. AND P&Z VOTED 6-0 RECOMMEND APPROVAL TO CITY COUNCIL. DUE TO THE PD LIMITING THAT TO THE END OF THE YEAR, THEY'RE REQUIRED TO COME BACK TO P&Z AND COUNCIL ON A YEARLY BASIS. SO THIS NEXT SLIDE DEPICTS THE SITE LAYOUT. APPLICANT IS PROPOSING 20 INDIVIDUAL STORAGE CONTAINERS AND JUST NOTE THIS IS THE EXACT SAME AS REQUESTED LAST YEAR. THIS IS GOING TO BE ALONG THE GROCERY PICKUP SIDE TO THE BUILDING TO THE LEFT HERE OUTLINED IN RED. THEY'RE REQUESTING A TWO AND A HALF WEEK PERIOD TO ALLOW THE TEMPORARY STORAGE CONTAINERS.

IN TOTAL THIS WILL TAKE UP 800 SQUARE FEET OF STORAGE CONTAINER SPACE ON THE SITE WHICH IS EQUIVALENT TO ROUGHLY 20 PARKING SPACES. THIS NEXT SLIDE DEPICTS WHAT THE PROPOSED STORAGE CONTAINER WILL LOOK LIKE AS YOU SEE ON THE LEFT-HAND SIDE. AND ON THE RIGHT-HAND SIDE IT DEPICTS THE PROPOSED CONSTRUCTION GRADE FENCING.

IT'S GOING TO BE 6-FOOT MINIMUM TO SURROUND THE STORAGE CONTAINER. SO STAFF HAS NOT RECEIVED ANY LETTERS OF SUPPORT FOR THE PROPOSED REQUEST.

P&Z VOTED TO APPROVE 6-0 THE STAFF'S REQUEST.

AND STAFF IS RECOMMENDING APPROVE PER STAFF'S COMMENTS THAT STORAGE CONTAINERS ARE LIMITED TO NO EARLIER THAN DECEMBER 13TH, AND NO LATER THAN DECEMBER 31ST OF THIS YEAR.

STAFF STANDS FOR ANY QUESTIONS AND THE APPLICANT IS HERE AS

WELL. >> DO WE HAVE ANYONE SIGNED UP TO SPEAK? WITH THAT, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING, THEN WE CAN TALK TO THE APPLICANT AND

STAFF. >> MOTION TO CLOSE THE PUBLIC

HEARING. >> SECOND.

>> AND A SECOND, PLEASE VOTE. THAT PASSES 6-0.

WOULD THE APPLICANT LIKE TO SAY ANYTHING? IF NOT THEN WE'LL STAND FOR QUESTIONS.

WE WON'T STAND FOR QUESTIONS, STAFF IS GOING TO STAND FOR QUESTIONS. IT'S GETTING LATE.

>> FOR GRAND OPENING DATE, SO IT TOOK US AWHILE TO APPLY AND ASK FOR THE STORAGE CONTAINERS BECAUSE NORMALLY WE WOULD HAVE THEM FROM OCTOBER THROUGH DECEMBER 31ST.

WE ARE ASKING FOR THE TWO WEEKS. WE MIGHT HAVE TO USE ALL OF THE CONTAINERS THIS YEAR. NEXT YEAR WE'LL COME DURING A TIME WHERE WE CAN GET IT APPROVED BEFORE OCTOBER.

THAT WAS THE ONLY REASON THAT WE HELD BACK THIS YEAR WAS JUST WAITING FOR THAT EXPANSION TO BE DONE.

[01:05:01]

>> I JUST HAVE A QUESTION ABOUT FROM MY MEMORY IT'S BEEN A NUMBER OF YEARS BACK WHEN Y'ALL CAME FORWARD ABOUT THE EBBS PANGS OF THE BUILDING WHICH THE HOPE ON THAT WAS -- EXPANSION OF THE BUILDING WHICH THE HOPE ON THAT WAS TO COME CLOSE IF NOT ELIMINATE THE STORAGE CONTAINERS, I THOUGHT.

>> THE EXPANSION OF THE BUILDING THAT WAS APPROVED A COUPLE OF YEARS AGO WAS FOR THE ONLINE GROCERY.

THEY ARE IN THE WORKS NOW OF TRYING TO PLAN AND DEVELOP SOME TYPE OF A PERMANENT SOLUTION AND EXPANSION.

BUT THE STORE JUST WENT THROUGH A MAJOR REMODEL WHICH WAS ABOUT $6 MILLION. THEN THEY WENT THROUGH THE EXPANSION FOR THE ONLINE GROCERY WHICH WAS ABOUT ANOTHER $4 MILLION. SO BUDGET WISE FOR THIS YEAR, IT WASN'T IN THE PLAN. SO THEY'RE IN THE WORKS OF TRYING TO GET THAT PLANNED OUT SO THAT WE CAN HAVE A PERMANENT SOLUTION FOR THIS PARTICULAR STORE.

BECAUSE IN OTHER AREAS AND IN OTHER STORES IT'S NOT SOMETHING THAT THEY HAVE TO DO, SO IT'S NOT SOMETHING THAT THEY PLAN OUT A LOT. SO THAT'S WHAT THEY'RE WORKING ON NOW. OUR HOME OFFICE TEAM IS TRYING TO WORK WITH A CONSTRUCTION TEAM AND THEN PUT ALL OF THAT

TOGETHER. >> SO THE LIKELIHOOD IS AT LEAST FOR A FEW YEARS YOU WILL NEED THESE STORAGE CONTAINERS EACH

YEAR? >> YES, SIR.

CORRECT. >> THANK YOU.

>> MY QUESTION IS FOR STAFF. HAVE WE EVER HAD ANY COMPLIANCE ISSUES IN THE PAST WITH THE EXCEEDING THE ALLOWED AREA OR

ANY COMPLAINTS? >> HAVE WE EVER EXCEEDED THE

AREA IN WHICH -- >> HAVE WE HAD ANY COMPLIANCE ISSUES WITH PREVIOUS ORDINANCES WE'VE PASSED --

>> NOT NECESSARILY WITH THE STORAGE CONTAINERS PER SE.

BUT LAST YEAR THE PRIMARY CONCERN WAS THE SITE WAS LACKING LANDSCAPING AND THERE WAS A FENCE THAT WAS LEANING ON THE SITE. HOWEVER AT THAT TIME OR SINCE THEN THE CLIENT HAS COME INTO COMPLIANCE WITH ALL OF THE LANDSCAPING AND UPKEEP REQUIRED BY THE ORDINANCE.

SO THOSE PREVIOUS ISSUES HAVE BEEN ADDRESSED.

>> OKAY, THANK YOU. >> ANY FURTHER QUESTIONS FROM

COUNCIL? >> I'VE GOT ONE QUESTION.

HOW TALL ARE THOSE STORAGE CONTAINERS? DO YOU KNOW OFFHAND? IS THERE A REASON YOU WOULD HAVE THE -- I'M SURE THERE'S SOME KIND OF REASON.

BUT CAN YOU EXPLAIN WHY THE 6-FOOT TEMPORARY BARRICADE ISN'T 8-FOOT TO MATCH THE HEIGHT OF THE STORAGE CONTAINER.

>> I DON'T REMEMBER WHAT SIZE IS ON THERE.

BUT THEY WILL COVER THE CONTAINERS.

I DON'T KNOW IF THE SIZE ON THERE IS INCORRECT.

>> IT SAYS SIX FEET. AND THE ONLY THING I CAN THINK OF IS YOU'RE ACCOUNTING FOR PEOPLE DRIVING AT A LOWER ANGLE.

>> I'M SORRY, THE FENCING THAT WE GOT LAST YEAR, IT IS TALLER

THAN -- >> OKAY, GOTCHA.

THANK YOU. >> IS THERE A MOTION?

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

>> I HAVE A MOTION TO APPROVE AS PRESENTED.

IS THERE A SECOND? >> SECOND.

>> I HAVE A MOTION AND A SECOND. PLEASE VOTE.

THAT ITEM PASSES 6-0. NOW OPENING ITEM 2023-495,

[2023-495]

THE PROPERTY IS LOCATED AT 4521 NORTH U.S. HIGHWAY 67.

>> THANK YOU, COUNCIL. AGAIN OUR NEXT CASE FOR THIS EVENING IS FOR AGENDA ITEM 2023-495 FOR CASE NUMBER Z30 THAT'S 2023-113. SUBJECT PROPERTY AS YOU SEE ON THE LOCATION EXHIBIT IS OUTLINED IN PINK HERE ALONG THE U.S.

HIGHWAY 67. TOTAL SITE BEING JUST UNDER 29 ACRES. CURRENTLY THERE'S INDUSTRIAL WAREHOUSE BUILDINGS ON THE SITE. AND THIS WAS ORIGINALLY APPROVED BY COUNCIL BACK IN FEBRUARY OF 2022.

AND THIS NEXT SLIDE DEPICTS A LARGER IMAGE OF THAT EXHIBIT.

[01:10:01]

OUTLINED IN YELLOW SHOWS THE SPECIFIC LOCATION IN QUESTION.

IN THE BOTTOM RIGHT-HAND IMAGE OF THE SCREEN SHOWS WHAT THE ACTUAL BUILDING LOOKS LIKE CURRENTLY.

GOING OVER THE LEFT-HAND SIDE, TWO EXISTING INDUSTRIAL BUILDINGS LOCATED BETWEEN SHILOH ROAD AND US HIGHWAY 67.

CURRENTLY IT'S IN PD-149 WHICH CURRENTLY ALLOWS DISTRIBUTION CENTERS BY RIGHT. THEN A USE IS ALLOWED WITHIN LIGHT INDUSTRIAL ZONING WITHIN A ZONING ORDINANCE.

WHAT THE APPLICANT IS COMING BEFORE YOU GUYS THIS EVENING IS REQUESTING TO AMEND THE PD TO ALLOW ADDITIONAL MANUFACTURING USES AS WELL AS THE USE OF OUTSIDE STORAGE.

WHAT WAS PRESENTED TO P&Z IS ALL OF THESE YOU SEE ON THE SCREEN.

THIS IS ROUGHLY NINE ADDITIONAL REDUCES WITH MAJORITY OF THEM BEING MANUFACTURING WITH THE EXCEPTION OF OUTSIDE STORAGE.

SO AFTER PRESENTING TO P&Z WHAT THE APPLICANT AGREED TO IS ELIMINATING THE USES IN RED AND ONLY ALLOWING THE USES IN BOLD.

SO THESE NEXT FEW SLIDES I'LL TOUCH ON THOSE AND GIVE A LITTLE MORE DETAIL TO THE REQUESTED AMENDMENTS.

STARTING WITH OUTSIDE STORAGE, AS YOU SEE OUTLINED IN ORANGE CIRCLED HERE AT THE BOTTOM OF THE SCREEN SHOWS A PROPOSED STORAGE AREA AND THEN ALONG THE LEFT-HAND SIDE, IT DETAILS WHAT THAT IS PROPOSING. SO THE APPLICANT IS PROPOSING STORING ROOFING MATERIALS WITHIN THAT SPECIFIC LOCATION.

MATERIALS WILL NOT EXCEED EIGHT FEET IN HEIGHT.

THE ORNAMENTAL IRON FENCING BEING EIGHT FEET TALL.

LANDSCAPING THEY'RE PROPOSING SIX TREES AND NO HAZARDOUS MATERIALS OR ODORS MAY BE STORED OUTSIDE.

THIS INFORMATION IS WITHIN THE CURRENT ORDINANCE IN YOUR PACKET AS WELL. REQUESTED AMENDMENTS, AGAIN THE APPLICANT IS REQUESTING TO ADD THESE FOUR SPECIFIC USES TO BE ALLOWED BY RIGHT WITHIN THE CURRENT PD.

ALL OF THOSE USES WERE INCLUDED IN THE STAFF REPORT.

IT GIVES A BRIEF BREAKDOWN OF WHAT THE APPLICANT IS SPECIFICALLY PROPOSING. AND THE APPLICANT WILL SPEAK MORE TO THAT AS WELL. WE DID NOT RECEIVE ANY LETTERS OF SUPPORT OR OPPOSITION FOR THE PLANNED DEVELOPMENT AMENDMENT REQUEST. P&Z VOTED 6-0 FOR APPROVAL.

AND STAFF IS RECOMMENDING APPROVAL PER THE PLANNING AND ZONING COMMISSION COMMENTS. I WON'T READ ALL OF THIS, BUT IT'S STATING THAT THE PD AMENDMENT IF APPROVED WILL BE LIMITED TO THOSE USES, BUILDING MATERIAL SALES AND SERVICE, STONE MONUMENT SALES AND SERVICE, BUSINESS/COMMERCIAL SHOWROOM, AND OUTSIDE STORAGE. ANY OTHER USES WILL REQUIRE A SPECIFIC USE PERMIT AS REQUIRED BY THE ORDINANCE.

AND NUMBER TWO IS REQUIRING ALL OF THOSE CONDITIONS I MENTIONED ON THE PREVIOUS SLIDE INCLUDING OUTSIDE STORAGE BE MET BY THE APPLICANT IF APPROVED TONIGHT. STAFF IS RECOMMENDING APPROVAL PER P&Z COMMISSION'S COMMENTS. THAT CONCLUDES STAFF'S

PRESENTATION. >> TAMMY, DO WE HAVE ANYONE SIGNED UP TO SPEAK? LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND WE CAN HEAR FROM THE APPLICANT.

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

>> SECOND. >> A MOTION AND A SECOND.

PLEASE VOTE. SOMEBODY DIDN'T VOTE.

WHO DIDN'T VOTE? ALL IN FAVOR SAY AYE?

>> AYE. >> ALL OPPOSED? OKAY, ITEM IS CLOSED. IF THE APPLICANT WOULD LIKE TO

SPEAK, THIS IS YOUR OPPORTUNITY. >> GOOD EVENING, MY NAME IS ANGELA HUNT. I'M HERE ON BEHALF OF THE APPLICANT KBC. ALSO WITH ME ARE HUNTLEY LEWIS AND TONY CREAM WHO CAN SPEAK ON BEHALF OF KBC.

COLBY DID A GREAT JOB OF WALKING YOU THROUGH THIS.

I THOUGHT I'D JUST OFFER A LITTLE BIT OF CONTEXT AND REASONING BEHIND OUR REQUEST. IF WE COULD GO TO THE NEXT SLIDE, PLEASE. AS HE SAID, OUR REQUEST IS TO ALLOW OUTDOOR STORAGE AND ALSO TO ALLOW CERTAIN USES BY RIGHT THAT ARE CURRENTLY ONLY ALLOWED BY SUP.

[01:15:01]

AND OUTSIDE STORAGE IN PARTICULAR IS IN RELATION TO A NATIONAL COMPANY THAT PROVIDES ROOFING, CONSTRUCTION MATERIALS, AND WORKING TOGETHER WITH THEM, THEY ADVISED THAT THEY WOULD NEED THE OUTSIDE STORAGE SO THAT THEY CAN PUT MATERIALS OUT THERE IN PREPARATION FOR CONTRACTORS WHO ARE COMING ON SITE TO PICK UP THOSE MATERIALS. THIS IS THE SITE, IT'S JUST AT THE CORNER OF US-67 AND SHILOH ROAD.

IT IS SURROUNDED BY SIMILAR TYPES OF USES.

AND I WANTED TO PROVIDE JUST A LITTLE BIT OF CONTEXT HERE.

I'M SURE YOU'RE FAMILIAR WITH THIS SITE, IT WAS COMPLETED THIS CURRENT YEAR, BUT PASSING BY IT HERE IN SOME OF THESE PHOTOGRAPHS, THE FAR END IS EXACTLY WHERE WE'RE TALKING ABOUT LOCATING THE OUTSIDE STORAGE.

IT'S WHERE YOU SEE THIS TRAILER RIGHT HERE, THIS IS THE AREA.

THIS IS THE SOUTHERN PORTION OF THE SITE.

IT'S A SMALL PORTION, IT WILL BE SURROUNDED BY TREES AND SHRUBS AS COLBY NOTED. THESE ARE THE CONDITIONS THAT WERE AGREED TO BY THE PLANNING COMMISSION.

AND THIS IS WHAT THE AREA WILL LOOK LIKE AND AS THE PLANT COMMISSION REQUESTED AND STAFF REQUESTED, MORE MATURE TREES, THESE ARE NOT TINY TREES, THEY'RE GOING TO BE 14-FOOT TALL, THEY'LL GROW VERY WIDE AND BE FOUR FEET HIGH.

HERE'S THE ADDITIONAL USES. THE BUILDING SALES AND SERVICE IS AN INTEREST TO US BECAUSE THAT IS THE MAJOR ROOFING COMPANY, CONSTRUCTION COMPANY THAT WE'RE WORKING WITH RIGHT NOW. STAFF HAD REQUESTED THAT WE PROVIDE DEFINITIONS, A LITTLE MORE CLARITY ON WHAT WE WERE REQUESTING FOR EACH OF THESE USES AND WE PROVIDED THESE DEFINITIONS. WE'RE HERE TO ANSWER ANY

QUESTIONS YOU MIGHT HAVE. >> COUNCIL, IF YOU HAVE ANY QUESTIONS OF STAFF OR THE APPLICANT.

>> WHOEVER CAN ANSWER, THE MANUFACTURING USES THAT YOU'RE ASKING FOR, WHAT ARE WE TALKING ABOUT IN TERMS OF MANUFACTURING?

>> IF WE CAN PULL THE SLIDE BACK UP.

THERE AREN'T REALLY I GUESS MANUFACTURING USES PER SE.

WE HAVE THE STONE MONUMENT SALES AND SERVICE.

BUT PRODUCTION WOULD BE OFF PREMISES SO THAT WOULD NOT BE ON

SITE. >> IT'S IN THE ORDINANCE, THAT'S

WHY I'M ASKING. >> THOSE WERE ORIGINALLY REQUESTED, COUNCIL MEMBER, AND THOSE WERE NO LONGER INCLUDED IN

OUR REQUEST TONIGHT. >> COLBY, THEY'VE BEEN REMOVED FROM THE ORDINANCE AT THIS POINT?

>> YEAH, SO ORIGINALLY THE REQUEST WAS FOR THOSE NUMEROUS ADDITIONAL MANUFACTURING USES, BUT THAT'S HOW WE ADVERTISED IT SO WE KEPT THE LABEL MANUFACTURING USES, BUT THESE SPECIFIC USES THAT'S ON THE SCREEN NOW IS WHAT'S ACTUALLY

BEING PROPOSED. >> OKAY.

SO THAT HAS COMPLETELY STRICKEN. >> THAT'S WHAT'S IN THE

ORDINANCE. >> AND THEN THE STONE MONUMENT SALES AND SERVICES, IS THAT THEY'LL BE FULLY COMPLETED OFF PREMISE AND BROUGHT IN OR ARE THEY DOING ANY FINISHING, ENGRAVING, IS THERE ANY TYPE OF COMPLETION BEING DONE ON THE

PROPERTY? >> I THINK IN OUR CONVERSATIONS WITH STAFF, IT WAS SOLELY PRODUCED OFF PREMISES AND THAT THEY WOULD BE BROUGHT ON SITE TO BE SOLD ON SITE.

>> THAT'S WHAT IT SAYS IN THE ORDINANCE.

STONE MONUMENT SALES AND SERVICES WHICH FOR PURPOSE OF THIS ORDINANCE IS AN ESTABLISHMENT OFFERING THE SALE OF STONE MONUMENT PRODUCED OFF PREMISES.

>> SO THERE WON'T BE ANYTHING COMPLETED ON THE SITE?

OKAY. >> SO DO I UNDERSTAND YOUR AERIAL LAYOUT THAT FIRST OF ALL THE AREA YOU'RE PROPOSING IS NOW CURRENTLY IN GRASS OR A PERMEABLE SURFACE.

IT IS NOT A STORAGE AREA CURRENTLY, CORRECT?

>> THAT'S CORRECT. >> IT ALSO LOOKS AS THOUGH POSSIBLY YOU'RE ASKING FOR AN ADDITIONAL ENTRANCE AND EXIT.

>> ON OUR SITE PLAN THAT WE PRODUCED TO THE CITY SHOWS I BELIEVE WE ALREADY HAVE AN ENTRY POINT AT THE VERY END HERE.

I DON'T KNOW IF YOU WANT TO SPEAK TO THAT.

[01:20:01]

>> WE'RE NOT REQUESTING ANY ADDITIONAL ACCESS POINTS TO THE FRONTAGE ROAD. THIS IS SIMPLY KIND OF QUEUEING AND FLOW LANES BASED OFF OF THAT TENANT'S USE.

SO THE PLANNED SOUTH VERSION OF THIS IS FOR FLAT BED TRAILERS TO COME AND GET LOADED ON AND THEN THERE'LL BE LIKE A STAGING AREA IMMEDIATELY ADJACENT TO THAT. THEN THE NORTH VERSION IS FOR SMALLER CONTRACTORS WITHOUT THE BIG FLAT BEDS TO COME IN AND LOAD IT IN THE BACK OF THEIR TRUCK OR SOMETHING.

>> SO THE SOUTHERN MOST ENTRANCE HERE, IT EXISTS TODAY?

>> YES, SIR. >> OKAY.

BECAUSE I HADN'T, ON MY MIND THERE WAS ONLY TWO.

ONE AT THE MEET IN AREA, THE MIDDLE.

AND THEN ANOTHER IN THE BACK. I KNOW THAT COUNCIL WHEN THIS WAS APPROVED WENT THROUGH A LOT OF CONVERSATION ABOUT CONCERN OF TRAFFIC FLOW. BUT I JUST WANT TO MAKE SURE THAT ANYTHING THAT YOU'RE PUTTING IN HAS GOT MORE ACCESS

POINTS -- >> YES, SIR.

>> I GUESS THAT'S ABOUT ALL OF THE QUESTIONS I HAVE.

>> ANY OTHER QUESTIONS? >> YEAH, I HAVE ONE MORE.

THE NEW STORAGE AREA, THAT'S GOING TO BE CONCRETE?

>> WE HAVEN'T GOTTEN INTO THOSE DETAILS YET AS FAR AS WHAT THAT PARTICULAR TENANT NEEDS. OBVIOUSLY FROM A COST STANDPOINT IF WE DO SOME SORT OF -- BUT THEY MAY NEED CONCRETE.

I WILL SAY FROM A PLANNING STANDPOINT, THIS WHOLE SITE WAS DESIGNED FOR DRAINAGE BASED OFF OF THE USE TYPE SO WE DID NOT KIND OF DIFFERENTIATE BETWEEN PERMEABLE OR IMPERMEABLE IN DESIGN FOR THE DRAINAGE. SO IT SHOULD NOT CHANGE ANY OF

OUR NEED FOR MORE STORAGE. >> THAT WAS MY QUESTION.

>> YEAH, WE PLANNED FOR THAT. >> ANY OTHER QUESTIONS?

>> I JUST HAVE A COUPLE OF QUESTIONS FOR STAFF.

THANK YOU VERY MUCH. SO I'M KIND OF GOING BACK IN MY MEMORY WHAT WAS PROPOSED TO COUNCIL AND SOME CONCERNS THAT WE HAD. THIS WAS ORIGINALLY PROPOSED AND I REALIZE USAGE CHANGES, BUT THIS WAS PROPOSED AS A LOGISTICS TRUCKING CENTER, CORRECT? WITH LARGE VOLUMES OF TRUCKS

COMING IN AND OUT. >> YES, SIR.

THAT IS CORRECT. >> THERE'S REALLY A REASON IF I REMEMBER CORRECTLY AND IT KIND OF COMES INTO PLAY, I REMEMBER COUNCIL GOING INTO A LOT OF DETAIL THAT THEY DIDN'T WANT TO BE SEEING ANYTHING FROM THE ROAD.

SO THAT'S WHY THERE'S NO SURFACE AREA DOWN ON THIS END.

THEY WANT EVERYBODY TRAPPED BEHIND THE BUILDING.

>> RIGHT. >> AND I ALSO KIND OF FEEL BAD FOR THE OWNERS WHERE THEY TRY TO GROW INTO THIS NEW USAGE, THERE'S NOT A LOT OF ROOM BEHIND THE BUILDING BECAUSE THAT'S MADE FOR TRUCK SLOTS. SO AM I REMEMBERING CORRECTLY THAT COUNCIL WENT OUT OF OUR WAY REALLY CONCERNED ABOUT TRAFFIC FLOW WHICH I SEE THAT KIND OF AS A GOOD THING.

I THINK THAT IF THEY CHANGE ONE OF THIS OTHER USAGE PATTERN, IT'S GOING TO BE BENEFICIAL FROM VOLUMES.

IT'S GOING TO DROP SOME. BUT I DON'T KNOW THAT I CAN SUPPORT CHANGING AWAY FROM THE BEHIND THE BUILDING TRAPPING WHAT'S BEING SEEN FROM THE HIGHWAY.

THAT'S MY MEMORY. >> YEAH, AND I'LL SPEAK TO THAT REAL QUICK. SO THAT WAS INITIALLY A STAFF CONCERN THAT WE HAD TO THE APPLICANT'S CREDIT THEY WENT BACK TO THE DRAWING BOARD AND KIND OF WHAT MS. ANGELA SPOKE TO A MINUTE AGO WHEN SHE SHOWED THE EXHIBIT OF WHAT THE LANDSCAPING WOULD LOOK LIKE, HAVING THE FENCE BE EIGHT FEET TALL, HAVING THE TREES AND SHRUBS COME IN AT A MATURE HEIGHT UPON PLANTING, THAT'S WHAT MADE US FEEL COMFORTABLE AS STAFF TO SUPPORT THAT. AND SO AGAIN, YES, THAT WAS A CONCERN. BUT THAT'S A PART OF THE REASON

WHY WE RECOMMEND THIS. >> I DON'T HAVE A PROBLEM WITH USAGE, BUT I THINK WE NEED TO KEEP THIS IN COMPLIANCE AS ORIGINALLY INTENDED AS BEHIND THE BUILDING STORAGE AND USAGE.

SO WE HAVE A CLEAN HIGHWAY. >> UNDERSTOOD.

>> ANY OTHER QUESTIONS? >> YEAH, I MIGHT HAVE MISSED IT, I WAS ON COUNCIL WHEN WE APPROVED THIS.

YOU SAID THERE WAS A FENCE, THEY'RE GOING TO PUT IN A FENCE TO SCREEN IN THIS AREA? OR IS IT JUST LANDSCAPING?

>> YES, SIR. 8-FOOT ORNAMENTAL FENCE IN

ADDITION TO THE LANDSCAPING? >> BECAUSE I'M GOING TO ECHO WHAT MIKE SAID. I WAS ON COUNCIL WHEN WE DID THIS AND THE OUTSIDE STORAGE AND THE WAY IT WAS PRESENTED AND THE

[01:25:03]

SO I JUST WANT TO MAKE SURE IF THAT IS THAT THAT FENCE IS THERE AND I SEE THE APPLICANT WALKING BACK UP.

IF YOU'D LIKE TO SPEAK TO THAT, YOU CAN.

>> THANK YOU, MR. MAYOR PRO TEM. IF IT IS THE PREFERENCE OF THE COUNCIL TO HAVE A MASONRY WALL THAT WOULD BE OPAQUE SO THAT THE MATERIALS COULD NOT BE VIEWED AT ALL, THE APPLICANT IS AGREEABLE

TO THAT. >> OKAY.

>> THANK YOU. >> HOW TALL WOULD THAT WALL

MAYBE BE? >> IT COULD BE EIGHT FEET TALL AND THAT WOULD OBSCURE ANY MATERIAL BEHIND I.

>> WOULD THAT MASONRY WALL EVEN POSSIBLY, MASONRY IS FINE WITH ME. I GUESS WE'RE POSITIVE, STAFF, THAT THE ELEVATIONS ON THE HIGHWAY ARE NOT GOING TO EXCEED THE EIGHT FEET SO WE'RE SEEING BACK IN THE BACK END.

SO THAT WHEN WE PUT UP EIGHT FEET MASONRY, WE ARE PROTECTING IT. BECAUSE RIGHT NOW YOU CAN'T SEE BECAUSE IT'S 30 SOMETHING FOOT TALL.

THAT'S MY MAIN CONCERN. THIS I LIKE TO HEAR, BUT I NEED

TO KNOW ELEVATIONS. >> I THINK IF WE GO BACK TO THOSE PHOTOS, SO I TOOK THESE PHOTOS FROM THE HIGHWAY.

YOU CAN KIND OF SEE YOU'RE GRADING UP TO THE BUILDING ELEVATION THERE. AND THEN IF YOU THINK ABOUT THE TRUCK DOCK, YOU'RE FOUR FEET LOWER ON THE BACKSIDE, SO YOU'RE GOING UP FROM 67 AND YOU'RE GRADING BACK DOWN FOUR FEET TO THE DOCK SIDE. AND SO REALLY THIS IS THE HIGH POINT AND WE'RE ADDING THESE TREES AND THEN THERE'S EXISTING TREES WE PLANT WITH THE BASE BUILDING.

SO THIS IS GOING TO -- YEAH SO REALLY IT'S GOING TO BE BACK BEHIND THERE. AND THEN IF YOU THINK ABOUT THE MATERIAL STORAGE, IT'S GOING TO BE A REASONABLY FLAT AREA THAT IS GOING TO BE AS MUCH AT GRADE WITH THESE LOADING AREAS AS POSSIBLE. SO THEIR PLAN WAS KIND OF HALF THE FENCE AND THIS UP HERE AND THEN GRADE DOWN A COUPLE FEET JUST SO YOU'RE KIND OF BACK BEHIND THERE.

>> AND THE MATERIAL STORAGE AND THE MATERIAL RACKS WILL BE IN THE AMENDMENT TO THE PD TO NOT EXCEED HEIGHT OF WALL? I LIKE THE IDEA. ANYTHING STAFF'S CONCERNED ABOUT ON THIS? ARE Y'ALL CONCERNED ABOUT ANYTHING ON THIS? OH I'M SORRY.

>> NO, AGAIN OUTSIDE STORAGE WAS A CONCERN ORIGINALLY OF OURS.

BUT AGAIN DUE TO THE STORAGE THAT'S WHAT MADE US RECOMMEND

SUPPORT. >> SO WILL THIS RUN THROUGH A PD AMENDMENT PROCESS WHERE THE FENCE CHOICES, THE FOLIAGE, ALL OF THAT IS GOING TO GO BACK THROUGH STAFF OR BACK TO US AGAIN, THIS IS JUST A CONCEPT, WILL IT COME TO US AGAIN?

>> THAT'S WHAT TONIGHT IS. >> SO HOW WILL WE KNOW WHAT THIS

FENCE IS GOING TO LOOK LIKE? >> IT WILL BE FOR OUR STANDARDS FOR MASONRY WALL THAT ARE CURRENTLY IN OUR ORDINANCE AS

WELL AS THE LANDSCAPING. >> I WAS GOING TO SAY AS WELL AS THE LANDSCAPING WITH THE TREES FOR THE MASONRY WALL.

>> THEY JUST OFFERED TO ADD THE MASONRY WALL.

BUT MY UNDERSTANDING IT'S NOT IN THIS ORDINANCE AS WRITTEN.

>> RIGHT NOW IT'S A METAL FENCE. >> EXACTLY.

>> WE'RE PRETTY WELL AVERSE WITH IT OVER DEVELOPING THIS.

WE HAVE A FENCE ALL ALONG OLD HIGHWAY 67 FOR THIS ENTIRE PORTION THAT MEETS THE CITY CRITERIA FOR FENCING WHICH IS ORNAMENTAL FENCE WITH MASONRY COLUMNS EVERY I THINK 30-FOOT ON CENTER. IT'S OUT THERE TOED AND LOOKS PRETTY NICE. I THINK IN OUR P&Z PRESENTATION, WE HAD A PHOTO OF IT. AND SO WE CAN MEET THAT, WE CAN DO AN ORNAMENTAL. WE CAN DO A SOLID MASONRY.

IT'S KIND OF UP TO YOUR PERSPECTIVE ON WHAT YOU THINK WOULD LOOK NICE. EITHER WAY, WE'RE PROVIDING THE LANDSCAPE SCREENING. SO WE'RE AMENABLE TO WHAT YOU

GUYS THINK WOULD BE BEST. >> I'M JUST GOING WITH WHAT THE PAST PRESENTER MENTIONED IS MASONRY.

I DON'T EVEN HAVE A PROBLEM WITH MASONRY COMBINED WITH A TILT WALL STYLE. I'M NOT TELLING YOU WHAT TO DO, BUT I'M A LITTLE BIT CONCERNED THAT WE JUST SAY YEAH, YOU CAN

[01:30:03]

TO BE. >> THE MASONRY COLUMNS WITH FENCE IN BETWEEN IS WHAT WE HAVE ALREADY.

>> SHE MENTIONED MASONRY, THAT THEN CREATES WHAT THE ORIGINAL COUNCIL WHO APPROVED THIS WAS AFTER WHICH IS THE INABILITY TO SEE THROUGH. IF YOU JUST MENTIONED MASONRY COLUMNS WITH ORNAMENTAL, CORRECT? SO WE WOULD BE ABLE TO SEE THROUGH THAT.

SO THE CONCERN IS IF WE PUT SOMETHING UP THAT --

>> SURE, AND WE CAN DO JUST ALL MASONRY.

I'M JUST SAYING THAT'S WHAT THE CITY FENCE STANDARDS ARE BASELINE. SO IF YOU WANT TO UPGRADE IT TO

MASONRY, WE'RE OKAY WITH THAT. >> COUNCIL MEMBER, I THINK IT WOULD PROBABLY MAKE SENSE FOR THE MASONRY THAT'S BUILT TO MATCH THE EXISTING COLUMNS. SO I THINK THAT WOULD ADDRESS YOUR CONCERN THAT THERE'S SOME SPECIFICITY ABOUT WHAT IT'S

GOING TO LOOK LIKE. >> BUT WE ARE TALKING ABOUT A

SOLID MASONRY. >> CORRECT.

>> THANK YOU. >> I HAVE A QUESTION.

SO WHAT WAS THE PURPOSE ORIGINALLY? OBVIOUSLY IF YOU WANTED TO DO THE MASONRY FENCE, IT WOULD HAVE BEEN IN THIS ORIGINAL PROPOSAL. SO WHAT WAS THE I GUESS DESIRE BEHIND THE ORIGINAL FENCING CHOICE? BECAUSE WE'RE TALKING ABOUT NOT TELLING PEOPLE EXACTLY WHAT TO DO, BUT I FEEL LIKE WE KIND OF ARE TELLING YOU EXACTLY WHAT TO DO AND I'D LIKE TO HEAR WHY YOU ORIGINALLY CHOSE THAT.

>> THANK YOU, COUNCILMEMBER. OUR THOUGHT WAS THE LANDSCAPING THAT'S ALONG THE PARKWAY AND THE 14-FOOT TREES AND THE 4-FOOT HOLLIES WOULD BE SUFFICIENT TO ADDRESS AND OBSCURE THAT WE DISCUSSED WITH STAFF ABOUT NOT BEING ABLE TO SEE ANYTHING FROM THE HIGHWAY. SO THE ORIGINAL PROPOSAL, A FENCE THAT WAS PARTIALLY OPAQUE WITH THE MASONRY COLUMNS AND THEN YOU HAVE THE ORNAMENTAL PIECES TO IT, WE FELT THAT ALL OF THAT IN COMBINATION WITH THE LANDSCAPING AND THE HEIGHT OF THE SITE WAS GOING TO BE SUFFICIENT TO OBSCURE THE VIEW FROM THE ROADWAY. BUT WE'RE HEARING COUNCIL'S CONCERNS. OUR PREFERENCE REMAINS TO DO IT IN THE WAY THAT WE ORIGINALLY PROPOSED.

BUT WE CERTAINLY WANT TO MOVE FORWARD AS WE DO HAVE THE POTENTIAL FOR A TENANT AND SO WE DON'T WANT TO DELAY THIS.

SO THERE IS AN OPTION THERE, BUT YES OUR PREFERENCE IS TO DO IT

AS WE PROPOSED. >> OKAY, THANK YOU.

>> THANK YOU. >> JUST CLARIFYING.

WHAT TRIGGERED THIS WAS A POTENTIAL TENANT.

SO LIKE WHENEVER YOU FIRST STARTED MAYBE THEY HAD OTHER TENANTS IN MIND AND NOW THERE'S A DIFFERENT 1 OR 1 LOOKING AT IT AND THAT'S TRIGGERING THIS PROCESS?

>> THE VERY PARTICULAR TENANT THAT WE'RE TALKING WITH DID TRIGGER THIS REQUEST BOTH AS TO THE USE AND THE OUTSIDE STORAGE.

>> SURE. >> AS FAR AS MY OPINION, IF THEY'RE MEETING THE STANDARDS, I'M OKAY WITH WHAT THEY ORIGINALLY PROPOSED. I DON'T WANT TO PUT AN UNDUE BURDEN ON THEM OVER PREFERENCE WHICH IS WHAT MY PERSPECTIVE, IT WOULD JUST BE A PREFERENCE ON MY END, SPEAKING FOR MYSELF.

>> JUST FOR CLARITY FOR EVERYBODY UP HERE, IF THAT IS THE CASE, THE FENCE Y'ALL WOULD BE BUILDING IS THE STONE COLUMN FENCE WITH THE ORNAMENTAL WITH THE 4-FOOT HOLLIES AND THE LIVE OAKS, IS IT LIVE OAKS? YEAH, OKAY.

>> I JUST WANT TO SAY, Y'ALL CORRECT ME IF I'M WRONG, BUT I THINK WE ALSO HAVE STANDARDS FOR OUR MASONRY WALL AS WELL.

SO IF THE COUNCIL'S PREFERENCE IS TO HAVE A COMPLETE MASONRY WALL, WE ALSO HAVE A STANDARD FOR THAT.

SO IF THAT IS A PREFERENCE OF COUNCIL, I THINK WE WOULD JUST CHANGE SECTION 1B 4C TO SAY MASONRY INSTEAD OF ORNAMENTAL.

>> I'D RATHER WE NOT DO THAT AND GO WITH THE EXISTING, MATCHING THE EXISTING FENCE YOU TALKED ABOUT EARLIER.

>> I'M READY TO MAKE A MOTION. >> I GUESS I HAVE ONE MORE QUESTION FOR STAFF. WE ALSO DON'T KNOW, THERE'S A WHOLE ARRAY OF USAGES IN WHICH THIS IS TURNED INTO STORAGE, THERE WILL BE A POSSIBILITY OF A NUMBER OF DIFFERENT FORMS OF STORAGE OUT THERE THAT WE'LL BE POTENTIALLY SEEING FROM THE HIGHWAY. NOT JUST SHINGLES.

TODAY SHINGLES, BUT TENANTS CHANGE, CORRECT?

>> CORRECT. >> THANK YOU.

>> I WAS GOING TO SAY THE ORDINANCE IS CLEAR.

[01:35:02]

>> SO YES, THE USE CAN CHANGE, RIGHT NOW WHAT THEY'RE REQUESTING IS DUE TO A ROOFING USER --

>> THEY WOULD HAVE TO REQUEST A DIFFERENT --

>> BUT IT WOULD BE A MAJOR UNDERTAKING, BEING A FENCE INSTALLER MYSELF TO GO FROM ORNAMENTAL IRON WITH COLUMNS TO STONE FENCE, SO AT THAT POINT IT'S TOO LATE ONCE IT'S DONE IS

MY OPINION. >> DO WE HAVE A MOTION?

>> YEAH, I MOVE TO APPROVE AS PRESENTED.

>> SECOND. >> I HAVE A SECOND.

PLEASE VOTE. ITEM PASSES 4-2.

[2023-496 & 2023-497]

>> MAYOR PRO TEM AND COUNCIL, WE DID RECEIVE AN APPLICATION OR REQUEST BY "THE CHOSEN" FOR THE ESTABLISHMENT OF THIS MEDIA PRODUCTION ZONE AND THE SUBSEQUENT ITEM AS A LOCATION.

FIRST YOU HAVE TO ESTABLISH THE ZONE.

WE CURRENTLY HAVE IT PROPOSED AS THE ENTIRE CITY LIMITS AND THE ETJ. YOU CAN SHRINK THAT ZONE, IT DOES NOT HAVE TO BE THE ENTIRE CITY OR THE ETJ, BUT THAT'S WHAT WE HAVE PROPOSED IN THIS ORDINANCE AS WRITTEN.

THIS WOULD THEN ALLOW IF BOTH OF THESE WERE APPROVED IT WOULD ALLOW "THE CHOSEN" FOR THE EXPANSION OF THEIR FACILITY WHICH WOULD INCLUDE THE FACILITY IMPROVEMENTS AND MACHINERY EQUIPMENT FOR THE EXPANSION WHICH INCLUDES A 30,000 SQUARE FOOT STAGE AND A NEW 12,310 SQUARE FOOT EXECUTIVE OFFICE AND STORAGE FACILITY. IT WOULD ALLOW THOSE THINGS TO BE EXEMPT FROM SALES TAX. IF APPROVED HERE TONIGHT, THIS APPLICATION WILL THEN ALSO GO TO THE STATE FOR THEIR APPROVAL WHICH WOULD THEN EXEMPT THEM FROM SALES TAX AT THE STATE LEVEL AS WELL. SO THIS CURRENT LOCATION THAT IS DEPICTED IN ITEM 497 IS CURRENTLY IN OUR ETJ.

SO AGAIN WE MAY OR MAY NOT HAVE A SIGNIFICANT AMOUNT OF SALES TAX THAT'S GENERATED INSIDE THE CITY.

BUT THEY DID DO AN IMPACT ANALYSIS, AND IF THE ENTIRE AMOUNT OF $15 MILLION FOR THEIR EXPANSION, IF ALL OF THAT WAS PURCHASED INSIDE THE CITY OF MIDLOTHIAN, WE'RE LOOKING AT JUST UNDER $300,000 THAT WOULD BE EXEMPT FROM SALES TAX.

AGAIN I THINK THAT'S A PRETTY HIGH ESTIMATE BECAUSE I DON'T KNOW THAT EVERYTHING WILL BE BOUGHT IN THE CITY OF MIDLOTHIAN. BUT THAT IS WHAT THE IMPACT ANALYSIS SHOWED WITH THAT ASSUMPTION THAT IF IT WAS ALL

PURCHASED INSIDE THE CITY. >> IS IT $300,000 THAT WOULD BE EXEMPT FROM SALES TAX, OR $300,000 OF SALES TAX?

>> IT WOULD BE THE SALES TAX DOLLARS, NOT THE EXEMPTION.

SO I'M SAYING IF ALL OF THEIR AMOUNT THAT THEY WERE SPENDING WAS EXEMPT, THEY HAVE A $293,421 THAT WE WOULD FOREGO IN SALES TAX IF IT INVOLVED PURCHASE WITHIN THE CITY OF MIDLOTHIAN.

THEN WE DO HAVE REPRESENTATIVES FROM "THE CHOSEN" AND WE HAVE A REPRESENTATIVE FROM THE STATE, THE GOVERNOR'S OFFICE THAT DEALS WITH THE MEDIA PRODUCTION ZONES. THEY'RE OBVIOUSLY MORE VERSED IN THIS AND CAN ANSWER QUESTIONS THAT I CANNOT.

THAT'S JUST A HIGH-LEVEL SUMMARY OF WHAT'S BEING ASKED FOR TODAY.

AND I DID HAND OUT, YOU SHOULD HAVE AT YOUR PLACE A RESOLUTION, THE ELLIS COUNTY COMMISSIONERS COURT DID PASS A RESOLUTION SUPPORTING THIS ZONE FOR WHAT THAT'S WORTH.

BUT YOU SHOULD HAVE THAT RESOLUTION FROM THEM.

SO WITH THAT, I'LL STAND FOR QUESTIONS OR WE CAN INVITE THE REPRESENTATIVES FROM "THE CHOSEN" AND THE STATE, THE GOVERNOR'S OFFICE TO ANSWER ANY QUESTIONS.

>> ANY QUESTIONS? IF THERE'S NO QUESTIONS, A MOTION AND IF YOU DO MAKE A MOTION, EITHER COMBINE THEM OR SEPARATE THEM DEPENDING ON WHAT YOU WANT TO DO BECAUSE WE HAVE

TWO ITEMS UP. >> OKAY, I'LL MAKE A MOTION TO APPROVE ITEM 2023-496 AND 2023-497 AS PRESENTED.

IS THAT OKAY, JOE? >> YES.

[01:40:03]

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

ITEM PASSES 6-0. WE WERE GOING TO MOVE ITEM 498

[2023-498]

EFFECTIVE DATE. >> THANK YOU, MAYOR PRO TEM AND COUNCIL. THIS IS FOR REAPPOINTING BOARD MEMBERS WHICH ENCOMPASSES THE HAWKINS RUN DEVELOPMENT DISTRICT AS WELL AS THE SHADY VALLEY DEVELOPMENT DISTRICT.

THIS IS REAPPOINTING TIFFANY ROWTH AND TRAVIS HUDSON TO THAT BOARD. IT'S ALSO THE APPROVAL OF THE DISTRICT'S 1.5 TAX BONDS FOR SHADY VALLEY WHICH I BELIEVE WILL BE NEXT YEAR. WITH THAT, I'LL ANSWER ANY

QUESTIONS THAT I CAN. >> ANY QUESTIONS AND/OR A

MOTION? >> MOVE TO APPROVE.

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

>> I HAVE A SECOND. PLEASE VOTE.

ITEM PASSES 5-0. >> NOW OPENING ITEM 2023-499.

[2023-499 ]

HAWKINS SPRING PARK. >> MAYOR PRO TEM, COUNCIL, AT OUR OCTOBER MEETING WE HEARD A GRANT REQUEST FROM THE TECHNOLOGY DEPARTMENT TO FUND FIBER OUT TO HAWKINS SPRING PARK. THE BOARD DID VOTE UNANIMOUSLY TO APPROVE THIS EXPENDITURE AS IT WILL HELP WITH THE QUALITY OF LIFE FOR CITIZENS. ONCE THAT FIBER IS RUN, THEY'LL BE ABLE TO AT A LATER TIME ADD SECURITY CAMERAS AND WIFI.

MIKE'S HERE IF YOU HAVE ANY TECHNICAL QUESTIONS AND I'M HAPPY TO ANSWER ANY QUESTIONS ON MCDC'S BEHALF.

>> YOU SAID AT A LATER TIME, HOW MUCH LATER OF A TIME ARE WE TALKING ABOUT HERE? I MEAN IS THAT SIX MONTHS, IS THAT SIX YEARS? WHAT ARE WE TALKING?

>> MAYOR AND COUNCIL, THAT WOULD DEPEND.

THE REQUEST I'VE HAD IS FOR ONCE WE GET THIS FIBER IN PRICE WHICH WILL APPROXIMATELY TAKE NINE MONTHS.

IT WILL BE IN THE NEXT BUDGET YEAR BEFORE IT'S UP AND RUNNING.

THE INTENTION WOULD BE ELECTRIC NEXT BUDGET YEAR TO REQUEST THE MONEY SO THAT WE CAN PUT IN THE WIFI INFRASTRUCTURE, SECURITY INFRASTRUCTURE. I JUST HAVE TO WORK WITH STAFF TO SEE WHAT ALL THEY WOULD BE INTERESTED IN.

>> SO IN THE IMMEDIATE USE WHEN THAT FIBER IS LIT, WHAT'S GOING TO BE ATTACHED TO IT, WHAT WILL WE BE USING IT FOR?

>> THERE WON'T BE ANYTHING THERE BECAUSE WE DON'T HAVE ANYTHING

AT THAT LOCATION CURRENTLY. >> SO WE'RE GOING TO PUT IN FIBER WITHOUT KNOWING FOR SURE THAT WE'RE GOING TO ACTUALLY HAVE A USE FOR IT? WELL IN THE FUTURE, BUT WHAT I'M SAYING IS WHY ARE WE NOT COMBINING THOSE TWO PROJECTS AND DOING IT ALL AT ONCE SO WE HAVE A KNOWN OUTCOME?

>> SO THE INTENT WAS TO SPECIFICALLY LOOK AT EXTENDING FIBER ULTIMATELY OUT TO FIRE STATION 2.

THIS IS THE FIRST PHASE OF THREE PHASES.

I WAS LOOKING AT IT STRICTLY FROM A DO WE HAVE THE INFRASTRUCTURE TO SERVE THE NEEDS OF EXISTING FACILITIES THAT ARE FURTHER OUT. RIGHT NOW IT DOESN'T MAKE SENSE TO DO IT OVER TO THE MOCKINGBIRD WATER TOWER WHICH IS PHASE TWO BECAUSE WE'RE ABOUT TO REDO MOCKINGBIRD ROAD AND PUT IN CONDUIT. IT'S NOT FISCALLY RESPONSIBLE TO PUT IN FIBER NOW, RIP IT ALL OUT AND PUT IT IN AGAIN.

THIS PHASE IS AS FAR AS I CAN GO RIGHT NOW WITHOUT GETTING TO FACILITIES THAT WE ALREADY HAVE ACTIVE.

I PERSONALLY DIDN'T THINK THAT A FIBER PROJECT LIKE THIS SHOULD BE COMBINED WITH A COMPLETELY SEPARATE USE THAT SERVES A DIFFERENT GROUP OF PEOPLE. REALLY MY ULTIMATE INTENTION WAS TO GET WATER TOWER ON MOCKINGBIRD AND THEN TO FIRE

STATION NO. TWO. >> I MEAN AT THIS TIME, PUTTING

[01:45:01]

>> WELL AGAIN IT'S GOING TO TAKE US NINE MONTHS JUST TO PUT IT IN. SO WE WILL BE IN THE NEXT BUDGET YEAR. MY REQUEST TO CHRIS IN THE STRATEGIC PLAN WILL BE FOR NEXT BUDGET PLAN TO PUT IN INFRASTRUCTURE AT THAT PARK. AS SOON AS WE GET IT IN, ASSUMING COUNCIL IS AMENABLE TO IT, I WOULD BE ABLE TO PUT IN

INFRASTRUCTURE. >> SO YOU'RE LOOKING AT 2025 IS

WHAT YOU'RE -- >> ESSENTIALLY, YES.

>> OKAY. AND WHAT I GUESS WHAT I DON'T KNOW THE WORD I'M LOOKING FOR HERE.

WHAT DID WE PUT INTO THIS PLAN IN ORDER FOR US TO ALLOW TO BE ONTO THE NEXT TO BE ONTO THE WATER TOWER AND THE FIRE STATION. ARE WE PUTTING ANY TYPE OF A

PATCHING STATION OR A -- >> YEAH, SO EACH LEG THAT WE PUT IN, THAT'S WHAT WE DO. THAT'S THE END OF THE LEG IS A PATCHING SYSTEM. SO IT GOES TO FIBER PATCH BLOCK, WE CAN PATCH IT INTO ANYWHERE ELSE.

THAT'S ALL OF OUR FIBER IS DONE THAT WAY.

>> SO WE'RE ALSO LAYING THE CONDUIT AT THE SAME TIME FOR

THAT NEXT LEG OUT? >> YEAH, SO I'VE BEEN WORKING WITH MIKE ADAMS, CITY ENGINEER, TO PUT IN CONDUIT ALONG THE MOCKINGBIRD. ONCE THAT GETS PUT IN PLACE, WE WILL ALREADY HAVE CONDUIT FROM MIDLOTHIAN PARKWAY OVER TO THE WATER TOWER. SO WE HAVE A SHORT LEG TO JUMP TO FROM MOCKINGBIRD TO SPRING THAT WE HAVE TO HAVE GET PUT IN.

BUT WE BASICALLY HAVE CONDUIT ALL THE WAY TO THAT SPACE.

AND THEN WE'D BE LOOKING AT LIKE I SAID FIRE STATION 2 ULTIMATELY GOING ALL THE WAY TO FIRE STATION 4 WHICH WE'VE ALREADY PUT IN THE WALNUT GROVE PROJECT CONDUIT IN THAT PROJECT.

WE HAVE MOST OF THE LEG FROM FIRE STATION 2 TO 4 HAS CONDUIT READY TO GO. SO THAT WOULD BE READY TO GO.

>> THIS RUNS FROM 42 STRAND? >> THE 48 STRAND.

>> SO WE PLANNED IT FOR FUTURE GROWTH AS WELL AS THE ADDITIONAL

-- >> CORRECT.

>> THAT'S WHAT I WANTED TO MAKE SURE.

THANK YOU. >> ANY OTHER QUESTIONS?

IF NOT I'LL TAKE A MOTION. >> MOVE TO APPROVE AS PRESENTED.

>> SECOND. >> MOTION AND A SECOND.

[2023-500]

NOW OPENING ITEM 2023-500 CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF $82,953.98 BY THE MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION TO THE MIDLOTHIAN POLICE DEPARTMENT FOR COSTS ASSOCIATED WITH A PARK AND EVENT SECURITY GRANT REQUEST INCLUDING

RADIOS, ATVS AND A TRAILER. >> AT THAT SAME MEETING WE DID HEAR A GRANT APPLICATION FROM THE MIDLOTHIAN POLICE DEPARTMENT TO EXPAND SOME OF THEIR EQUIPMENT SO THAT THEY WOULD HAVE A BROADER RANGE TO PROVIDE ENHANCED SECURITY.

AND THE BOARD FOUND WITH THE HIGHER POPULATION AND THE GREATER AMOUNT OF EVENTS AND OF COURSE THE SPRAWLING NATURE OF OUR CITY THAT THEY FELT LIKE THAT WOULD BE A GOOD ENHANCEMENT TO OUR COMMUNITY. AND SO THEY APPROVED UNANIMOUSLY TO FUND THAT EXPENDITURE. IF YOU HAVE ANY QUESTIONS, I'LL

BE HAPPY TO ANSWER. >> COUNCIL HAVE ANY QUESTIONS?

AND/OR A MOTION. >> MOVE TO APPROVE AS PRESENTED.

>> SECOND. >> I HAVE A MOTION AND A SECOND.

PLEASE VOTE. ITEM PASSES 6-0.

[2023-501]

>> THANK YOU. >> THANKS, MELISSA.

NOW OPENING ITEM 2023-501, CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PRECISION FLOW ENGINEERING FOR TESTING, ADJUSTING, AND BALANCING AT THE CITY HALL LIBRARY FACILITY AT A COST NOT TO EXCEED $40,400. CLYDE.

>> MAYOR PRO TEM, COUNCIL, THIS IS FOR TESTING AND BALANCING OF NEW FACILITIES. EXCUSE ME, THIS WILL BE TESTING AND MAKING SURE EVERYTHING IS IN ACCORDANCE WITH THE SPECIFICATIONS WITH ALL OF THE HVAC AND MECHANICAL EQUIPMENT AT THE NEW FACILITIES. THIS IS A COST NOT TO EXCEED $40,000. IT IS WITH PRECISION FLOW ENGINEERING. THEY'RE AN ENGINEERING COMPANY OUT OF MANSFIELD AND THEY HAVE SUBMITTED THIS FOR BOTH PROJECTS. SO IF THERE'S ANY QUESTIONS, I

WILL ANSWER THOSE. >> THE ONLY QUESTION I HAVE IS I'M LOOKING AT 501 THROUGH 505 EVERYONE IS CITY MANAGER TO ENTER OR CITY MANAGER TO EXCEED. ARE THE MAJORITY OF THESE ALL WITHIN OUR BUDGETARY PROCESS FOR PREAPPROVED COST ANALYSIS FOR

BUILDING? >> YES, THEY ARE IN OUR BUDGET

PROCESS. >> ANY QUESTIONS AND/OR A

[01:50:02]

MOTION? >> MAKE A MOTION TO APPROVE AS

PRESENTED. >> I HAVE A MOTION AND A SECOND.

PLEASE VOTE. THAT PASSES 6-0.

[2023-502]

>> MAYOR PRO TEM, THIS IS THE EXACT SAME AGENDA ITEM FOR THE PUBLIC SAFETY BUILDING. IT IS WITH PRECISION FLOW ENGINEERING AGAIN. IF THERE'S ANY QUESTIONS, I WILL

ANSWER THEM AT THIS POINT. >> I DO HAVE ONE QUESTION.

>> YES, SIR. >> IT'S DOUBLE THE COST.

I'M TRYING TO UNDERSTAND WHY WHEN THEY'RE SIMILAR SIZE

FOOTPRINT BUILDINGS? >> IT'S A 77,000 SQUARE FOOT BUILDING AS OPPOSED TO 50,000 SQUARE FOOT BUILDING.

IT'S NOT DOUBLE TO YOUR POINT, BUT IT IS A MUCH LARGER BUILDING. YOU'LL HAVE DIFFERENT, YOU'LL HAVE A SHOWER SYSTEM, YOU'LL HAVE DIFFERENT KIND OF ATMOSPHERIC CONDITIONS, YOU'LL HAVE A COURT THAT'S DIFFERENT FROM THE MAIN FACILITY. IT'S DIFFERENT, YOU'LL ALSO HAVE DIFFERENT HOLDING CELLS. SO THERE'S A LOT OF DIFFERENT KIND OF ANIMALS WITHIN THE PUBLIC SAFETY BUILDING.

>> FAIR ENOUGH, THANK YOU. >> MOVE TO APPROVE.

>> SECOND. >> I HAVE A MOTION AND A SECOND.

PLEASE VOTE. OH EVERYBODY VOTE AGAIN.

THAT PASSES 6-0. NOW OPENING ITEM 2023-503,

[2023-503]

$89,828.88. >> GOOD JOB.

>> GOOD EVENING, MAYOR PRO TEM AND COUNCIL.

SO THIS PLAN IS TO BASICALLY MIGRATE ALL OF OUR FIBER LINES THAT ARE CURRENTLY COMING INTO THE CURRENT CITY HALL OVER TO NEW CITY HALL. TO DO THAT WE HAVE TO PHASE IT IN. WE HAVE SOME AERIAL FIBER OVER ON THE SOUTH SIDE OF NEW CITY HALL THAT HAS TO BE REMOVED.

THEY'RE GOING TO PUT IN CONDUIT UNDERGROUND SO WE'LL GET OFF THOSE POLES. WE HAVE TO DO THAT EARLY SO THEY CAN START PUTTING IN THE PARKING AND EVERYTHING ON THAT SOUTH SIDE OF THE PARKING LOT. SO WE HAVE TO PHASE THAT PIECE IN EARLY AND THEN WE HAVE AN INTERMEDIARY PHASE THAT WE'RE DOING SECOND. WE'RE RUNNING SEVERAL CABLES INTO THE NEW FACILITY CREATING A TEMPORARY LINK AND EVENTUALLY WE'LL HAVE TO COME BACK AND TAKE THE FIRST -- BACK OUT.

>> COUNCIL, ANY QUESTIONS AND/OR A MOTION?

>> MY ONLY QUESTION IS WHY WE DIDN'T DO THIS DURING THE GRADING? WHEN WE WERE BASICALLY DOING THE FOUNDATION AND GRADING, WHY DIDN'T WE PUT THE CONDUIT IN AT THAT TIME?

>> ALL RIGHT. I MOVE WE APPROVE AS PRESENTED

THEN. >> A MOTION AND A SECOND.

PLEASE VOTE. PASSES 6-0.

[2023-504]

504. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NETWORK CABLING SERVICES TO MIGRATE THE CITY'S MUNICIPAL AREA NETWORK FIBER FROM CURRENT POLICE DEPARTMENT TO THE NEW PUBLIC SAFETY FACILITY FOR $89,959.21 PLUS A 10% CONTINGENCY OF $8,995.92 IN AN AMOUNT NOT TO EXCEED $98,955.13.

>> SAME AS THE FIRST. MOVING ALL OF THE FIBER FROM THE EXISTING PUBLIC SAFETY FACILITY OVER TO THE NEW PUBLIC SAFETY FACILITY. I CAN GO OVER SPECIFICS IF YOU

HAVE QUESTIONS. >> ANY QUESTIONS?

>> MOVE TO APPROVE. >> SECOND.

>> I HAVE A MOTION AND A SECOND. PLEASE VOTE.

IT PASSES 6-0. >> THANK YOU.

[2023-505 ]

>> THANK YOU. NOW OPENING 2023-505, CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMUNICATIONS FACILITIES LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR THE INSTALLATION OF ANTENNA FACILITIES AND EQUIPMENT SHELTER AT THE CITY'S WATER TOWER LOCATED AT 3232 MOCKINGBIRD LANE.

>> THANK YOU, COUNCIL. THE ITEM BEFORE YOU IS FOR LEASE SPACE ON OUR MOCKINGBIRD SITE. VERY SIMILAR TO WHAT IS BEING

[01:55:04]

THIS ONE IS WITH NEW CINGULAR WIRELESS.

A FEW THINGS TO TOUCH ON, IT'S SKETCHED FOR AN INITIAL FIVE-YEAR TERM. AND THERE ARE TWO ADDITIONAL FIVE-YEAR EXTENSIONS THAT WOULD BE AT THE LEASEE'S DISCRETION.

AND THEN THE LAST FIVE YEARS WOULD BE AT BOTH THE CITY AND THE LEASEE'S DISCRETION TO CONTINUE THAT FOR 20 YEARS.

THE INITIAL RENT IS SET AT $25,000 PER YEAR.

AND THEN AFTER EACH FIVE-YEAR PERIOD IT WOULD GO UP 15%.

IT SHOWS YOU WHAT THAT DOES OVER YEARS 6 THROUGH 10 AND SHOWS YOU THE POTENTIAL OF THE 20-YEAR TIMEFRAME IF THIS DOES RUN FOR 20 YEARS, IT'S A LITTLE OVER $6,000 FOR REVENUE THAT WE WOULD RECEIVE FOR HAVING THEIR FACILITIES ON THE WATER TOWER.

SO WE DO HAVE A CLAUSE IN THERE WHICH IS PRETTY TYPICAL IN REGARDS TO ANY REGULATOR INTERFERENCE WE HAVE WITH OUR PUBLIC SAFETY BECAUSE THAT TAKES PRECEDENCE.

SO THERE'S LANGUAGE IN THERE THAT IF THAT HAPPENS, IT HAS TO BE MITIGATED AND IF IT DOESN'T, WE CAN TERMINATE THE CONTRACT WITH THE LEASEE. AND THEN WE ALSO HAVE ANYTHING THAT WOULD HAVE ANY KIND OF IMPACTS ON THE TOWER ITSELF AND THEN THERE'S ALSO LIABILITY INSURANCE AND INDEMNIFICATION LANGUAGE WITHIN THE AGREEMENT. THIS AGREEMENT DID GO BEFORE THE CITY COUNCIL UTILITY SUBCOMMITTEE AND ADVISORY BOARD BACK IN AUGUST. AFTER REVIEW WITH THEM, THERE WAS A UNANIMOUS RECOMMENDATION TO BRING THIS FORWARD TO THE CITY COUNCIL FOR CONSIDERATION AND APPROVAL.

WITH THAT I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT COUNCIL MAY

HAVE. >> COUNCIL, ANY QUESTIONS AND/OR

A MOTION? >> MOVE TO APPROVE.

>> SECOND. >> WE HAVE A MOTION AND A SECOND. PLEASE VOTE.

PASSES 6-0. >> THANK YOU, COUNCIL.

[2023-506]

>> OPENING 2023-506, CONSIDER AND ACT UPON NOMINATIONS FOR APPOINTMENTS AND REAPPOINTMENTS TO THE HISTORIC ADVISORY BOARD, MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION, PARKS BOARD, MIDLOTHIAN ECONOMIC DEVELOPMENT, MIDLOTHIAN DEVELOPMENT AUTHORITY, PLANNING & ZONING COMMISSION, ZONING BOARD OF ADJUSTMENT, AND UTILITY ADVISORY BOARD.

I DID NOT SIT IN ON THESE, BUT THIS WAS MR. GARDNER, MR. HARTSON, AND JUSTIN CAME UP WITH THIS LIST OF NAMES, CORRECT? I BELIEVE THEY ARE ALL IN AGREEMENT ON THESE NAMES. WE ARE APPOINTING TO PARKS BOARD, CANDICE MILSAP. HISTORIC ADVISORY BOARD IS JAIME WYCLIFF. THE REAPPOINTMENTS TO MCDC WOULD BE JAN DAVIS, BRYCE CRAMER, CHRISSY DAY.

JEEZ I'M GOING TO BUTCHER THIS. PARKS BOARD REAPPOINTING MARK TIPPER, DAMIAN MCCLENDON AND DONNA CREMINS.

I WAS GOING TO USE THE OTHER LAST NAME.

THAT WORKS. TO P&Z WE'RE REAPPOINTING SCOTT COLOR, MARK HILL, ROSS WEAVER. UAB TONY SANDERS.

TAMMY I KNOW YOU TOLD ME HOW TO SAY HER NAME EARLIER, ENDREA COLLINSWORTH. AND DBA IS RICHARD MCKAWSIKI AND TIMOTHY PHIPP. DO WE HAVE A MOTION AND/OR

QUESTIONS? >> MOTION TO APPROVE AS

PRESENTED. >> SECOND.

>> I HAVE A MOTION AND A SECOND. PLEASE VOTE.

ITEM PASSES 6-0. NOW OPENING ITEM 2023-507,

[2023-507]

ESTABLISHING AN EFFECTIVE DATE. >> GOOD EVENING, MAYOR PRO TEM AND COUNCIL. THIS IS THE FIRST OF SEVERAL AGENDA ITEMS THAT WE'LL DISCUSS HAVING TO DO WITH OUR PRIOR YEAR BUDGET. THE FIRST ONE WAS FOR THE CONFERENCE CENTER. THEY DO NEED TO HAVE ONE OF THEIR CONDITIONING UNITS REPLACED AND THIS WAS APPROVED IN LAST YEAR'S BUDGET. SO WE WANT TO BE ABLE TO ROLL

[02:00:04]

>> COUNCIL, IS THERE ANY QUESTIONS AND/OR A MOTION?

>> MOTION TO APPROVE. >> WE HAVE A MOTION AND A SECOND. PLEASE VOTE.

ITEM PASSES 6-0. DO YOU WANT TO OPEN ALL OF THE

EXPENDITURES? >> YEAH, THAT WOULD BE FINE WITH

ME. >> OH MAN, OKAY.

I HAVE TO READ EVERY SINGLE ONE OF THESE? OKAY 508 TO I GUESS 511 REALLY, RIGHT?

[2023-508 - 2023-511]

>> OKAY. I'LL BRIEFLY GO THROUGH THESE.

THE 508 IS AMENDING THE GENERAL FUND BUDGET FOR THIS NEXT YEAR.

THESE ITEMS ARE THOSE THAT WE HAD PURCHASE ORDERS FOR, BUT FOR VARIOUS REASONS, THE DEPARTMENTS WERE NOT ABLE TO FINISH THE PROJECTS OR MAKE THE PURCHASES AND SO THOSE OBVIOUSLY WERE BUDGETED LAST YEAR AND WE WANT TO ROLL THEM TO THIS YEAR.

509 AND THIS ONE IS PERTAINING TO UTILITY FUNDS JUST LIKE THIS PREVIOUS ONE FOR THE GENERAL FUND, AGAIN THEY WERE PROJECTS AND ITEMS THAT WERE ORDERED THEN WERE NOT ABLE TO BE DELIVERED AND THE PURCHASE ORDERS ARE OUTSTANDING.

IF WE GO TO 510, THIS ONE IS A LITTLE BIT DIFFERENT IN THAT THESE WERE ITEMS THAT WERE APPROVED BY COUNCIL, BUT PURCHASE ORDER HAS NOT BEEN ISSUED.

HOWEVER, WE WOULD LIKE TO GO AHEAD AND ROLL THOSE OVER INTO THE NEW FISCAL YEAR FROM LAST YEAR'S BUDGET TO BE ABLE TO COMPLETE THE PROJECTS AS THEY WERE ORIGINALLY INTENDED BY COUNCIL AUTHORITY. AND THEN 511 IS FOR THE UTILITY FUND FOR THAT EXACT SAME PURPOSE.

THERE WAS NO PURCHASE ORDER ISSUED YET, BUT WE WOULD LIKE TO ROLL THE FUNDS OVER TO THE NEW YEAR TO BE ABLE TO COMPLETE THOSE PROJECTS. WITH THAT, I'LL BE GLAD TO ANSWER ANY SPECIFIC QUESTIONS ANYONE HAS.

>> I DO HAVE A QUESTION, THAT IS ALL OF THESE WILL BE COMPLETED WITHIN THE EXISTING DESIGN OF THESE PROJECTS, RIGHT?

NO EXPECTED COSTS OVERRUNS? >> TO MY KNOWLEDGE, YES.

THESE DEFINITELY IF THERE'S OVERRUNS, IT WOULD COME BACK TO YOU BECAUSE THESE WERE WHAT WERE APPROVED BY COUNCIL PREVIOUSLY.

>> FAIR ENOUGH. THAT'S WHAT I WANTED TO HEAR.

THANK YOU. >> IF THERE'S NO OTHER QUESTIONS, THEN THERE IS A MOTION WE NEED TO LIST OUT ALL

OF THE ITEMS WE'RE APPROVING. >> MOVE TO APPROVE ITEMS 508,

509, 510, AND 511 AS PRESENTED. >> SECOND.

[EXECUTIVE SESSION]

>> MOTION AND A SECOND. PLEASE VOTE.

ITEM PASSES 6-0. >> THANK YOU.

>> EXECUTIVE SESSION. AT THIS TIME THE CON SILL WILL CONVENE INTO EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS OF THE TEXAS GOVERNMENT CODE.

EXECUTIVE SESSION ITEMS ARE DISCUSSED IN CLOSED SESSION, BUT ANY AND ALL ACTION WILL BE TAKEN IN REGULAR SESSION.

WE ARE GOING TO EXECUTIVE OVER SECTION 551.087 ECONOMIC DEVELOPMENT, DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT TO DELIBERATE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT, GENERALLY LOCATED ALONG HIGHWAY 287 BYPASS.

COUNCIL, I WILL NOT BE GOING BACK TO EXECUTIVE SESSION WITH

YOU AND MIKE >> IT IS 6:59 AND THE COUNCIL CONVENES FROM EXECUTIVE SESSION. THERE IS NO ACTION TAKEN.

I ADJOURN THIS MEETING AT 6:59.

* This transcript was compiled from uncorrected Closed Captioning.