Jan 09, 2024 City Council

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>> FILE WITH ME NOW AND WERE TO PRAYER. FATHER WE THANK YOU FOR YOUR FAITHFULNESS IN CONVALESCE, THANK YOU FOR THE RIGHTS AND PRIVILEGES WE HAVE HERE IN THE LAND WE WILL LIVE IN. THANK YOU TO OUR FOREFATHERS WERE BRINGING US ALL HERE, DECISIONS HAVE BEEN MADE IN THE PAST, I PRAY NOW FOR OUR LEADERS FOR THEM AS THEY MAKE DECISIONS TOGETHER, BLESS US AND KEEP US COME IN JESUS NAME, AMEN.

>> IF YOU WOULD STAY STANDING. WE ARE GOING TO DO THE PLEDGES. THERE I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD WITH LIBERTY AND JUSTICE FOR

ALL. >> HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE

AND INDIVISIBLE. >> I'VE INVITED PASTOR MACK TO

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MARTIN LUTHER KING, SO I WANTED TO ACKNOWLEDGE THAT THIS EVENING, AND IF YOU WANT TO INVITE ANY OF YOUR SUBCOMMITTEE MEMBERS TO JOIN US. AND THEN, I'LL HAVE HIM INTRODUCE WHAT THE PLAN IS FOR THE WEEKEND. AND I WILL ISSUE A PROCLAMATION . AFTER THAT WE WILL POSE FOR A PHOTO, AND THEN, MOVE ON.

>> GOOD MORNING -- GOOD EVENING, ONCE AGAIN TO ALL OF YOU. FOR THE LAST SIX YEARS, THIS WILL BE YOUR NUMBER SEVEN, WE HAVE TAKEN OUR TIME TO ACKNOWLEDGE THE WORK AND EFFORT OF DR. MARTIN LUTHER KING JR. THIS YEAR WE ADVANCE TO BE MORE THAN JUST A MONDAY MORNING, WE'RE DOING FOR DAYS. OH, AND FRIDAY, WE ARE GOING TO HAVE A TIME TOGETHER, IT WILL BE AT ONE CHURCH. WE WILL HAVE A NIGHT OF INFORMATION, YOU KNOW, VOTING LAWS ARE IN TEXAS, WE WANT TO MAKE SURE EVERYONE HAS THE RIGHT INFORMATION SO WE HAVE DELEGATES FROM THE DEMOCRATIC PARTY AND AS WELL AS THEIR REPUBLICAN PARTY TO BE THERE. THAT WILL BE AT 5:00 MINUTE SEVEN P.M., WE HAVE A MOVIE NIGHT, AND THE MOVIE WILL BE SELMA, IF YOU'VE NEVER SEEN A COME AND BE WITH US FOR THAT. SATURDAY WILL BE OUR DAY OF SERVICE. WE HAVE OPPORTUNITIES ALL OVER THE CITY, AS WELL AS A COUNTY FOR PEOPLE TO GO AND SERVE, THOSE OF YOU WHO HAVE HOUSING, AND YOU CAN DISSIPATED THOSE. ON SUNDAY EVENING, WHERE FIRST COMMUNITY SERVICE AT FIRST BAPTIST CHURCH AT 6:00 P.M. WE LEFT COMMUNITY WORSHIP SERVICE, SO WE WOULD LOVE FOR YOU TO COME BE PART OF THAT, AND WILL CULMINATE ON MONDAY WITH A UNITY MARCH FROM THE FOOTBALL STADIUM TO THE FIRST METHODIST CHURCH. AND ONCE WE GET TO THE FIRST MESSAGE CHURCH, WE HAVE SOMEWHAT OF A RALLY, AND HAVE A TIME OF CONVERSATION WHERE THERE WILL BE FOOD TRUCKS THERE, YOU CAN HAVE YOUR CHOICE OF BARBECUE, FISH, TACOS, AND ANYTHING ELSE WE CAN FIND. WE HAVE THREE OR FOUR TRUCKS THERE. THANK YOU SO FOR HEARING THIS. PLEASE GOVERN YOURSELF ACCORDINGLY , PUT IT ON YOUR CALENDAR PLEASE SCHEDULE YOUR MEETING SUCCUMB BE A PART OF THIS. COME MAKE NEW HISTORIES

WITH US. >> I'VE ATTENDED I BELIEVE ALL SIX OF THE PREVIOUS SERVICES, TO CELEBRATE DR. KING, AND THEY ARE ALL GREAT EVENTS, BUT I WANT TO ENTER A PROCLAMATION TO THE CITY, THAT IS, WHEREAS DR. MARTIN LUTHER KING HAD A DREAM OF QUALITY AND SOCIAL CHANGE TO HELP SHAPE OUR MISSION, AND WHEREAS WE CELEBRATE HIS BIRTHDAY AND WE

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MARTIN LUTHER KING JR. DAY OF SERVICE.

>> AND THE SECOND ITEM THIS EVENING IS 2024-002,

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GUYS WHEN YOU COME FORWARD? >> MAYOR AND COUNCIL, I WOULD LIKE TO INTRODUCE AIR IN HARD.

>> GOOD EVENING, MY PLEASURE TO BE HERE AND CELEBRATE Y'ALL'S WONDERFUL CITY. I AS PAST PRAXIS PRESIDENT OF THE PARK SOCIETY AWARD THE 2023 EXCELLENCE OF PROGRAMMING AWARD AND SPECIAL EVENTS FOR CITIES UNDER 75,000, TO THE CITY OF MIDLOTHIAN, FOR THEIR EARTH DAY CELEBRATION. IT WAS LAUNCHED UNIQUELY TO COMBINE VARIOUS ACTIVITIES. THE FAMILY-FRIENDLY CELEBRATION HOSTED BY THE PARKS AND RECREATION DEPARTMENT . ACTIVITIES INCLUDED A FISHING DERBY, YOGA IN THE PARK, NATURE ARTS AND CRAFTS, EARTH FRIENDLY GIVEAWAYS, AND A BOAT COLLECTION AND A NATURE WILDFIRE WALK. ALL FREE TO THE PUBLIC. THE DAYLONG CELEBRATION CREATED AN EXTRAORDINARY RECREATIONAL OPPORTUNITY FOR MIDLOTHIAN'S TO INVEST IN THEMSELVES. CONGRATULATIONS TO THE CITY OF MIDLOTHIAN CITY RECREATION PARKS DEPARTMENT, IT IS MY PRIVILEGE TO PRESENT THIS AWARD.

>>

[2024-003 ]

TO THE PARKS DEPARTMENT. >> MOVING ON TO 2024- 003, CITY COUNCIL REPORT ON ITEMS OF COMMUNITY INTEREST. THIS IS AN OPPORTUNITY FOR THE COUNCIL TO HIGHLIGHT COMMUNITY VOLUNTEERS FOR ACTIVITIES GOING ON IN THE COMMUNITY. DO COUNCILMEMBERS HAVE ANYTHING THEY WOULD LIKE TO HAVE ACKNOWLEDGED? NOW IS THE TIME TO DO SO. I WOULD JUST LIKE TO TAKE A BRIEF MOMENT TO ACKNOWLEDGE OF THE BREAK, OVER CHRISTMAS TIME, I WANTED TO ACKNOWLEDGE ALL OF OUR CHURCH LEADERS, AND MINISTERS IN OUR COMMUNITY. I GOT TO PARTICIPATE IN SEVERAL CHRISTMAS EVENTS ELEVATIONS, BUT ALSO, JUST ON FACEBOOK SAYING ALL THE UNIQUE COMMUNITIES OF FAITH THAT WE HAVE HERE IN OUR CITY, AND THE DIFFERENT WAYS THEY WERE ABLE TO EXPRESS THE MEANING OF CHRISTMAS, THE DIFFERENT PLAYS, WORSHIP SERVICES, CONCERTS, THINGS LIKE THAT, I JUST WANTED TO HIGHLIGHT AND GIVE OUR APPRECIATION TO ALL OF THOSE LEADERS WHO MAKE ALL OF THOSE THINGS HAPPEN , ESPECIALLY IN THE CHRISTMAS SEASON.

>> ANYONE ELSE HAVE SOMETHING THEY WOULD LIKE TO HIGHLIGHT?

>> I'D LIKE TO BRIEFLY HIGHLIGHT OUR COMMUNITY VOLUNTEERS TO OUR BOARDS AND COMMISSIONS. I HAD THE HONOR TO ATTEND TWO SEPARATE BOARD MEETINGS YESTERDAY EVENING, AND THE QUALITY OF COMMUNITY SERVANTS THAT WE HAVE SERVING THE CITY, WITHIN OUR BOARDS AND COMMISSIONS, IS VERY HIGH. SO THANK ALL OF OUR BOARDS AND COMMISSIONS AND THE VOLUNTEERS, AND ALSO OUR COMMUNITY LETTING YOU KNOW THAT YOU CAN SERVE TO SIGN UP TO SERVE ON A BOARD AS WELL IF YOU WANT TO DO SO ON

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THE CITY'S WEBSITE. >> WITH THAT, WE WILL MOVE ON.

>> OPENING ITEM, 2020 4004, THE CITIZENS ARE INVITED TO ADDRESS ANY TOPIC THAT ARE NOT ALREADY LISTED ON THE HEARING.

YOU MUST'VE COMPLETED A CITIZEN PARTICIPATION FORM PRIOR, AND THE SPEAKERS ARE LIMITED TO THREE MINUTES. DO WE

HAVE ANY CITIZENS TO BE HEARD? >> DORIAN, IF YOU WANT TO COME UP? STATE YOUR NAME FOR THE RECORD, AND WHETHER OR NOT YOU LIVE WITHIN THE CITY LIMITS, AND YOU WILL HAVE THREE

MINUTES. >> OKAY. MY NAME IS DORIAN CARA, AND I -- I DO LIVE WITHIN THE SEMI LIMIT , YES.

HELLO, MY NAME IS DORIAN CARA, MISS DARR SCOUT WITH 212, MIDLOTHIAN. I'M HERE REGARDING WATER QUALITY. I'VE LIVED HERE ALMOST ALL MY LIFE, AND I HAVE OBSERVED IN THOSE YEARS VERY POOR WATER QUALITY. FIRST, I WOULD JUST GET A WATER BOTTLE AT HOME, AND, I WOULD JUST DRINK IT THROUGHOUT THE DAY.

BUT, THE MORE AND MORE I LIVED HERE, AND THE MORE I BEGAN TO DRINK THE WATER HERE, THE WORSE IT TASTED, AND THE WORD IS THAT IT MADE ME FEEL WORSE AFTER. RECENTLY, I JUST -- I REALIZE THAT IT BEGAN AFFECTING FOOD , AND WATER, IN FOUNTAIN DRINKS, SORRY. SO, I WOULD LIKE TO BRING UP THREE REASONS WHY I THINK WE SHOULD PUT FORTH AN EFFORT TOWARDS IMPROVING WATER QUALITY. ONE IS, CLEAN WATER IS A BASIC HUMAN RIGHT. THE HUMAN BODY IS 60% WATER , AND CONSTANTLY NEEDS TO BE REPLENISHED. IT HELPS FLUSH TOXINS OUT OF YOUR BODY, IT HELPS ENERGIZE YOU, HIT HELP REGULATE YOUR BODY TEMPERATURE, AND YOU CAN ONLY GO THREE DAYS WITHOUT ANY WATER. NUMBER TWO. IT AFFECTS LOCAL BUSINESSES AND RESTAURANTS . IT AFFECTS THEM BY REDUCING THEIR ADD-ON SALE, BECAUSE WHO WANTS A COKE THAT MAKES YOU MAKE THE NOISE A CAT DOES WHEN THEY ARE COST UP A HAIRBALL WHEN YOU TRY TO DRINK IT. ALONG WITH THAT OWN SALES, IT AFFECTS MAIN SALES FOR BUSINESSES THAT NEED WATER TO PREPARE THEIR FRUITS. SUCH AS, RICE, AND SOUPS . AND THIS ONLY -- ULTIMATELY AFFECTS THE

TAX REVENUE WITH THE CITY. >> VISITORS WON'T WANT TO DRINK WATER IF IT TAKES A WHILE IT TAKES TIME TO TASTE SOMETHING SIMILAR TO A POTHOLE AFTER A HEAVY RAIN.

>> IT CREATES MORE TRASH. WITH THE LACK OF WATER FOUNTAINS, BUT BY THE PEOPLE USING ONE TIME USE BOTTLES, THIS CAN ALSO BE -- YOU CAN SEE THIS AT OUR PARKS AND SPORTS, AND FUN

EVENTS. >> YOU ARE OKAY, IF YOU WANT

TO WRAP UP YOUR THOUGHT. >> YEAH, I'M ALMOST DONE. WHAT WE HANDOUT? WE HAND OUT ONE TIME USE PLASTIC BOTTLES, WHICH WHENEVER WE BUY THOSE BOTTLES CREATES MORE TRASH. AND, WHAT FEELS THE TRASH CANS? CRUSHED WATER BOTTLES. HOW DOES THAT AFFECT OUR ENVIRONMENT. THAT INFECTS IT VERY POORLY. IT'S NOT GOOD. IN CONCLUSION, WHILE WE DO MEET THE MINIMUM STANDARDS FOR CLEAN WATER, IS MEDIOCRITY HOW WE WANT MIDLOTHIAN TO BE PERCEIVED? AN INVESTMENT IN OUR FUTURE NOW WILL SAVE THE HEALTH, AND OUR SMALL BUSINESS COMMUNITY -- ECONOMY. OUR ENVIRONMENT ON THE ROAD. I WOULD LIKE THE COUNCIL TO PLEASE CONSIDER ANY OPTIONS AS TO MAKE THE WATER

QUALITY BETTER. >> THANK YOU VERY MUCH FOR YOUR

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COMMENTS DORIAN, THANK YOU. >> THANK YOU FOR YOUR TIME.

APPLAUSE ] >> ALL RIGHT. IF YOU WANT TO COME FORWARD AND STATE YOUR NAME FOR THE RECORD.

>> MY NAME IS KIM LUNDBERG AND I LIVE WITHIN THE CITY OF MIDLOTHIAN, WHEN YOU COME DOWN AND INTRODUCE MYSELF, WANT TO BE A CANDIDATE ON THE BALLOT FOR THE MARCH 5TH PRIMARY ELECTION.

JUST A LITTLE BIT ABOUT MYSELF. I GREW RIGHT HERE IN MIDLOTHIAN, I GRADUATED FROM MIDLOTHIAN HIGH SCHOOL, AND AFTER FINISHING LAW SCHOOL I PRACTICE WITH MY LAW FIRM AT OUR OFFICE JUST ON MAIN STREET RIGHT OVER HERE FOR ABOUT EIGHT

YEARS. >> CURRENTLY, I'M SERVING INAUDIBLE ] COUNTY AS A ASSOCIATE SECRET , EVERYONE SITTING IN THE ROOM HERE TODAY. THAT IS TRANSLATING TO MORE CASES BEING LOGGED IN OUR JUDICIAL SYSTEM.

>> IN FACT IN THE 4/33, THERE WERE TWICE THE AMOUNT OF CASES FILED LAST YEAR AS WERE THE YEAR BEFORE. AS AN ASSOCIATE JUDGE, I'VE BEEN TAUGHT HOW TO OFFICIALLY MANAGE A COURTROOM, THAT'S WHY I'M READY FOR THE 4/43 ELECTION.

>> SINCE I'VE TAKEN THE BENCH. I'VE HANDLED CASES FOR ALL THREE OF OUR DISTRICT COURTS. I PRESIDED OVER THE MIDDLE DOCKETS, FAMILY DOCKETS, MENTAL HEALTH DOCKETS, AND CIVIL DOCKETS. I KNOW WHAT IT TAKES TO GET THE JOB DONE, AND I'M READY TO HIT THE GROUND RUNNING DAY ONE IF ELECTED. I'M LOOKING FORWARD TO SEEING YOU ALL AT THE POLLS. I JUST WANTED TO TAKE THE OPPORTUNITY TO INTRODUCE MYSELF ONCE AGAIN, COW LUNDBERG I'M RUNNING FOR

INAUDIBLE ]. >> THANK YOU MR. LUNDBERG.

THANK YOU FOR YOUR SERVICE TO OUR COMMUNITY.

>> MR. BARTON, IF YOU WOULD STATE YOUR NAME FOR THE RECORD AND WHETHER OR NOT YOU LIVE IN THE CITY LIMITS PER

>> I WAS APPEARED FOR YOU GUYS ABOUT TWO YEARS AGO PLEADING WITH THE GUYS ON THE COST OF THE NEW BASEBALL FIELDS. I TEAMED UP WITH RUSTY GREER ABOUT SIX YEARS AGO, AND THE DIFFERENCES SKILLS CAMP IN THE OFF-SEASON TIME AND WAS TRYING TO RENEGOTIATE WITH YOU GUYS TWO YEARS AGO ABOUT THE COST TO USE ONE OF THE FIELDS. FROM 150 DOWN TO $75, AND IT DIDN'T LIKE WAS ABLE TO GO. IT WAS BROUGHT TO MY ATTENTION THAT THE PRICES JUST WENT UP TO 250. TO USE THE FIELD FOR HALF A DAY WEATHERS IN THE MORNING OR NIGHT. I'M ASKING HERE, IF YOU GUYS, COULD TWEAK THE FORMAT, TWO WAYS, I GUESS EITHER NONRESIDENT, AND RESIDENTS, OR PEAK, AND NONPEAK SEASONS, BECAUSE I'M STILL TRYING TO HELP THE KIDS IN OUR COMMUNITY IMPROVE THEIR BASEBALL SKILLS BY DOING SOME STUFF UP HERE IN THE OFF-SEASON TIMES INSTEAD OF LETTING THE SALES IT UP HERE DOING NOTHING -- YOU KNOW, FROM SEPTEMBER TO JANUARY. I'M JUST ASKING THAT IF THERE IS ANY WAY THAT WE CAN NEGOTIATE PRICE, WHERE IT DOESN'T COST ME AN ARM AND LEG TO TRY TO HELP THE KIDS IN OUR COMMUNITY GET BETTER. A LOT OF THEM, DID REACH OUT TO ME THIS PAST YEAR, ASKING IF I WAS CAN RUN THAT DEFENSIVE SKILLS CAMPAIGN AGAIN, AND I WASN'T ABLE TO DO IT FOR TWO REASONS. ONE WAS THE CAUSE, THE SECOND WAS MY FATHER WAS DIAGNOSED WITH PANCREATIC CANCER, AND THE DOCTORS GAVE HIM SIX MONTHS TO LIVE. HE LASTED SIX WEEKS, BUT I WAS WITH MY MOM AND DAD TRIED TO COMFORT HIM THROUGH THAT THIS LAST SEPTEMBER. I'M HERE TO ASK YOU GUYS IF THERE'S ANYTHING WE CAN DO TO NEGOTIATE TWOFOLD, WHETHER RESIDENT AND NONRESIDENT, OR PEAK TO NONPEAK TIMES. IT SHOULDN'T BE THAT DIFFICULT TO MAKE THAT SMALL ADJUSTMENT. IT'S UP TO YOU GUYS TO MAKE THAT HAPPEN, BECAUSE -- I'M TRYING TO GET BACK TO THE GAME. THAT'S WHAT I TEAMED UP WITH RUSTY GREER.

RUSTY WAS HIRED TO BE THE HEAD COACH AT FORT WORTH CHRISTIAN HIGH SCHOOL, AND HE ASKED ME TO BE HIS PITCHING COACH. SO, AGAIN, I'M HERE TO GET BACK AND GIVE BACK TO THE COMMUNITY.

THE GAME IS REALLY IMPORTANT TO ME, IT'S HARD FOR ME TO DO THAT. THAT'S ONE OF THE REASONS WHY MY WIFE AND I MOVED INTO THE COMMUNITY BECAUSE WE SAW WHAT WE COULD MAKE HIM TO LIVE WITH THESE FIELDS BEING PRESENTED UP THERE. REALLY, WHAT IT COMES DOWN TO, IT IS STILL THOSE KIDS ARE OUT THERE WITH FIELDS NOBODY ON THEM. IF SOMEONE WANTS TO USE THE FIELD AND NONPEAK TIMES, ENCOURAGE THEM TO DO THAT. I'M NOT TRYING TO BACK OUT AGAIN, BUT I KNOW WE ARE A NONPROFIT, AND WHERE HIGHER AND HIGH SCHOOL KIDS TO COME OUT AND RUN THE MACHINES WHILE I'M OUT THERE INSTRUCTING THE LITTLE GUYS TO IMPROVE THEIR GAME. SO COST ME MONEY TO HELP GET THE BACK , AND I'M JUST ASKING FOR A LITTLE HELP FROM YOU GUYS, SO THAT YOU CAN REDUCE WHAT YOU'RE CHARGING ME SO I CAN HELP OTHERS.

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>> QUESTIONS? >> ARE YOU RUNNING ONE CAMP? OR

-- HOW MANY? >> IT'S ONE CAMP. WHAT I DID THE DEFENSIVE SKILLS CAMP IS RUN FOUR DAYS A WEEK, FOR APPROXIMATELY THREE MONTHS. IT WAS MONDAY THROUGH THURSDAY, AND IT WAS ONLY ON THE FIELD EARLY FROM 5:00 TO ABOUT 830 AT NIGHT. SO NOT EVEN A FULL HALF DAY.

>> UNFORTUNATELY, IT'S NOT ON THE AGENDA, WE CANNOT ENGAGE IN DISCUSSION. BUT WE CAN REVISIT IT.

>> MAY I ASK IF STAFF CAN GET HIS CONTACT INFORMATION.

>> THANK YOU. >> THANK YOU, SIR.

>> PAT, IF YOU WANT TO COME UP AND STATE YOUR NAME FOR THE

RECORD. PAT ZERO. >> YES I'M A PAST CITIZEN WITH A CITY MAKE UP AS YOU GUYS KNOW WAS CAN BE HARD FOR ME TO GET IN THREE MINUTES., SO, YOU HAVE HANDOUTS FROM ME. THE NEW DEVELOPMENT COMING HERE DOWN IN MAINSTREET CROSSING, YOU HAVE HANDOUTS THERE, YOU'LL SEE THE HIGHLIGHTED AREAS I HAVE THERE, JUST ASKING FOR YOU GUYS TO CONSIDER THAT PUT A LITTLE MORE REQUEST FROM WEBER LOWE'S, AND BELIEVE THEY ARE HERE TONIGHT TO PUT A LITTLE MORE OF AN UPSCALE FACADE ON THAT, BUT IT LOOKS LIKE THEY COME IN BETTER THAN WHAT WAS ORIGINALLY PROPOSED, AND ALSO, THIS LOOKS LIKE IT'S QUITE A BIT NICER WE CAN DO A LITTLE BETTER. THAT IS A MAJOR CORRIDOR OUT THERE GOING THROUGH OUR CITY, SO I THINK WE NEED TO HAVE SOMETHING OUT THERE THAT SUITS US VERY WELL, WALMART DID THAT, THEY CAME IN REALLY WELL WITH MENTORS AND SOME GREENERY ACROSS THE FRONT AND WALKWAYS. NOW WE HAVE ANOTHER DEVELOPMENT HERE IN TOWN, THE KROGER , AND I FEEL LIKE WE MISSED THE MARK ON THAT ONE A LITTLE BIT. WE HAD A LOT OF CONQUERORS SITTING OUT THERE IN FRONT OF THE STORES, IS VERY STERILE LOOKING ACROSS THE FRONT OF SO I THINK WE CAN DO BETTER THERE, SO ALSO, YOU COULD LOOK AT THE HIGHLIGHTS I GIVE YOU, ALL THE WAY UP WHAT THE SUGGESTIONS ARE THERE. ALSO, I'M NOT SURE, INAUDIBLE - MUFFLED ] I MAY NOT HAVE WORKED IT IN THE WORDING IN THE AGREEMENT, BUT I SEE AREAS IN HERE WHERE THERE'S INAUDIBLE ] ON THE SECOND PAGE. THEY WERE HAVING ASPHALT ON THERE, AND I'M PRETTY SURE WE ALWAYS REQUIRED CONCRETE ON THAT. I DON'T KNOW WHAT, I WANT TO DIG INTO THAT A LITTLE BIT AND FIND OUT WHY THAT IS THERE.

>> THE SEASONAL AREAS COME ALSO, WHATEVER YOU CAN DO, YOU KNOW, YOU HAVE THOSE, AND I LOVE THOSE. I'M SO THINK OF THIS IS COMING HERE, BUT THE SEASONAL STUFF GETS OUT OF CONTROL FROM THE STORE AND COMES VERY MUCH AN EYESORE. IF THERE'S ANY WAY WE CAN PUSH THAT TO THE SIDE OF THE STORE OR MORE SO OFF THE FRONT PARKING LOT. I THINK THERE WAS A SMALL SECTION THEY HAVE BUT IF WE COULD JUST, FIGURE OUT

HOW TO DO THAT. >> THE RETENTION PONDS, SOMETHING I LIKE TO BRING ABOUT PLANNING AND LOANING SOME

TIME. >> DOES PRECIPITATION PONDS ARE BIG HOLES IN THE GROUND, SO WE COULD GET SOME TREES OR SOME PLANTINGS, SO BESIDE THOSE RETENTION PONDS I THINK THERE MAY BE SOME OF THAT ON THE PLAN. JUST SOMETHING THAT KIND OF ADDRESSES UP THOSE WHEN WE

ARE DOING THOSE DEVELOPMENTS. >> THAT'S PRETTY MUCH IT. ALL OF THOSE YOU, YOU GOT IT LINED OUT THERE. BUT WHAT I REQUESTED. ALSO, YOU HAVE EVERY SPARK ON THE AGENDA. IT'S COMING UP THE AGENDA COMING UP IN THE BACK ALLEY THAT'S GOOD

TO GO IN. >> I REALLY WOULD LIKE TO REQUEST YOU GUYS SUPPORT THAT. TO BRING THAT GREEN SPACE ON THE FRONT OF THAT AREA HERE. I THINK THAT WOULD MAKE A VERY WONDERFUL PARK FOR OUR CITY. JUST HAVE A GOOD PASSIVE PARK TO HANG OUT AND READ BOOKS IN THE LIBRARY AND SO ON AND SO FORTH. SO THANK YOU FOR YOUR TIME.

>> I GOT IT IN IN THREE MINUTES.

>> THANK YOU, PAT. >> IS THAT IT?

[CONSENT AGENDA]

>> THANK YOU TO ALL THE SPEAKERS THIS EVENING.

>> MOVING ON TO CONSENT AGENDA, ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED ROUTINE BY THE CITY COUNCIL WOULD BE ENACTED IN ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM CAN BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. ANYONE LIKE TO REMOVE THESE FROM CONSENT?

>> YES, I WOULD LIKE TO REMOVE 2024-007. REMOVING IT FROM CONSENT . ANYONE ELSE, COMMENTS?

>> I WILL TAKE A MOTION ON CONSENT AGENDA MINE 007.

MOTION TO APPROVE. >> PLEASE VOTE.

[2024-007]

>> WITH THAT WE WILL OPEN ITEM 2024-007 CONSIDERED AN ACT UPON AN ORDINANCE OF THE CITY OF MIDLOTHIAN, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER ONE TITLED GENERAL PROVISIONS BY AMENDING ARTICLE EIGHT SECTIONS FOR FUTURE USE PROVIDING REPEALING CAUSE PROVIDING SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.

>> THANK YOU COUNSEL. >> COUNSEL , THIS IS, IF YOU

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>> SO, THERE WILL BE OTHERS THAT HAVE BETTER INFORMATION

THAN I DO. >> I WOULD LIKE TO ASK PACIFICALLY, DO WE CURRENTLY HAVE A BUDGET LINE ITEM

ALLOCATED TO CAN BE? >>

>> YEAH, I DON'T THINK SO. >> I THINK WE HAVE THINGS LIKE TRASH BAGS, AND PALMS FIXUP, BUT WE DON'T HAVE SPECIFIC LINE

ITEM. >> BUT IS THERE CURRENTLY MONEY CONTRIBUTED TO CAN BE THAT WOULD BE ALLOCATED ELSEWHERE?

>> NO SIR. I MEAN, WE HELP WITH LIKE, CHRIS SAID, WE HELP WITH TRASH BAG, PICKERS, THINGS THEY NEED FOR EVENTS, WE HELP THEM GET SOME THINGS IN THE BEGINNING THROUGH SOME FUNDING THAT WE HAD TO HELP THEM GET ROLLING, LIKE FUNDS FOR THEM TO PICK UP TRASH AND THINGS OF THAT NATURE.

>> BUT THERE IS NOT A SPECIFIC LINE ITEM FOR CAN BE.

>> WITH THE ITEMS THAT ARE PURCHASED FOR CAN BECOME ARE THOSE GOING TO ROLL UNDER THE PARKS DEPARTMENT? OR DO THOSE

GO WITH CAN BE PROGRAMS? >> SO, THE BUCKETS, AND SOME THE PICKERS THAT WE BOUGHT SPECIFICALLY FOR THEM, WE ARE GOING TO ALLOW THEM TO TAKE . TIFFANY AND I SAID, GIVE US: WE WAS THAT YOU RECOMMENDED IN THE FUTURE, YOU KNOW, THIS IS SOMETHING THAT BUILDS SYNERGY WITH PARKS, BECAUSE THEY ARE COMING OUT CLEANING THE PARTS AND DOING THINGS LIKE THAT, SO WE WILL STILL BE HERE TO ASSIST THEM IN THOSE PROJECTS, BECAUSE THAT IS BEAUTIFYING OUR COMMUNITY, SO WE WANT TO ASSIST

THEM IN ANY WAY WE CAN. >> OKAY, THANK YOU.

>> YES , SIR. >> ANY OTHER QUESTIONS ON THIS ITEMS . I WILL ENTERTAIN A MOTION?

>> SECONDED BY PRO TEM, SECONDED BY MR. MOORMAN. ITEM

[2024-008]

>>'S GOT A .78 ACRE PROPERTY. IT'S FAIRLY LARGE, THE HOUSE IS ROUGHLY 3500 SQUARE FEET, BUT THEY ARE PROPOSING A ADDITION THE DOUBLES AND A 7000 SQUARE FEET, AND I WILL GET TO THAT DETAIL IN A SECOND. BUT THEY ARE FRONTING NINTH STREET.

AND THERE BORDERED ALSO BY SIDE, AND THEN ALLEY ON THE NORTH SIDE.

>> JUST TO GIVE YOU CONTEXT, PICTURES, SO THIS IS THE HOUSE AS IT SITS TODAY. THIS IS A YOU SHAPED DRIED THAT FRONTS KNIGHT STREET. THIS IS AN ALL RESIDENTIAL SIGN, AND FOR

[00:30:02]

>> SO, WITH THIS LOCATION, THERE WOULD BE THIS ADDITION ON THE BACKSIDE, AND THERE IT IS. THIS PURPLE FOOTPRINT, GIVES YOU A ROUGH GUESSTIMATE OF WHERE THIS ADDITION WILL TAKE PLACE. THIS WOULD BE ASKING FOR A 10 FOOT RADAR SETBACK.

NORMALLY WE WOULD BE PROVIDING FOR 20. ONE REASON WHY STAFF DIDN'T HAVE TOO MUCH ISSUE, AND SUPPORTING THE 10 VERSUS THE 20, BECAUSE THE BACK OF THE ADDITION IS STILL 90 FEET AWAY FROM THE HOUSE, AND THIS IS A DETACHED GARAGE. IT'S STILL GOOD DISTANCE FROM WHERE PEOPLE ARE LIVING.

>> FOR REFERENCE, THE HOUSE ACROSS THE ALLEY, JUST KIND OF MEASURING THE WALL TO I BELIEVE THIS IS THEIR GARAGE, AND THEY ARE ACHIEVING A LITTLE BIT, IS ROUGHLY HUNDRED FOOT DISTANCE THAT IS AGAIN TO GIVE YOU A SENSE OF DISTANCE BETWEEN WHERE THINGS ARE LOCATED.

>> THE ADDITION IS PROPOSING, ACTUALLY, IT'S SHADED IN PURPLE TO GIVE YOU A SENSE OF THE BEFORE-AND-AFTER SIDE, YOU THINK OF THIS AS BEFORE, ADDING THE PURPLE, THAT IS THE AFTER.

SO IT DOES KIND OF HAVE A MUCH BIGGER PRESENCE THAN FACING NICE STREET ONCE YOU HAVE THAT. AGAIN, THE PURPOSE IS GIVING YOU AN IDEA OF WHERE THE NEW THIS IS THE SIGN IT'S ROUGHLY 4 BY SIX, IF YOU WERE TO DRAW A BOX AROUND IT IS NOT HUGE, BUT IT IS ASSIGNED.

>> THE -- BEAR WITH ME AS I TRY TO WALK YOU THROUGH THIS PART.

THAT WAS IN YOUR REPORT, THAT REFLECTS P&G'S RECOMMENDATION . WHAT STAFF IT TAKEN, WAS DIFFERENT, BECAUSE IT HAD A LITTLE TWIST ON IT. THIS HERE IS THE ORIGINAL REQUEST. I'M NOT GOING THROUGH EVERY DOCUMENT, JUST TO MAKE THE POINT THAT SO WHAT STAFF HAD SUPPORTED FOR THE APPLICANT WAS THE U-SHAPED DRIVE TO NINTH STREET, WE DID VERBALLY SAY, YOU KNOW, GIVE US A WALKING CONNECTION, FOR FIRE SERVICE, BECAUSE IF THERE IS A -- THIS IS GOING TO OPERATE OFF OF LENA LANE, SO WE WANTED TO MAKE SURE THAT WE WOULD HAVE THE SIDEWALK CONNECTION FOR IS WHAT IS IN YOUR DRAFT ORDINANCE AND THIS REFLECTS THE PNC RECOMMENDATION, THEY SAID WELL LET'S, LET'S LOG OFF THE SOUTHERN ACCESS OF THE U-SHAPED DRIVE TO NINTH STREET. THIS WOULD BE BLOCKED OFF. THEN LET'S EXTEND THE

DRIVEWAY HERE TO LENA LANE. >> NOW, IF YOU DO THIS, YOU ARE LIKELY TAKING DOWN ONE MATURE TREE. WE HAD DISCUSSED THAT, BECAUSE AGAIN, THEY MADE THIS RECOMMENDATION VIA MOTION, SO WE WEREN'T AT A DISCUSSION POINT AT THAT POINT.

>> AFTER THE PNC HEARING, WE DID HEAR FROM TWO RESIDENTS WHO ARE NOT IN THE 200 FOOT BUFFER, BUT THEY ARE ON LENA LANE, AND I DON'T KNOW IF THEY WATCHED THE MEETING OR NOT, BUT THEY DID EXPRESS CONCERN ABOUT TRAFFIC ON LENA LANE. SO, AFTER THAT MEETING, AND SHARING THIS FEEDBACK ALSO WITH THE APPLICANT, HE AND I TALKED, SO WHAT WE HAD TALKED ABOUT , AND STAFF COULD ALSO SUPPORT, SO WE COULD SUPPORT OUR ORIGINAL, WE COULD SUPPORT WHEN APPLICANTS COME IN, WE ARE NOT AS WILD ABOUT THE PNC RECOMMENDATION. BUT, THIS IDEA HERE, WOULD BE RESHAPED THE DRIVEWAY ENTRANCE ON NINTH STREET, SO THAT WAY, IT'S A RIDE IN, RIGHT NOW, SO NO ONE YOUR CAN TRY TO MAKE A LEFT ONTO NINTH STREET, SO HOPEFULLY THAT MIGHT ALLEVIATE SOME OF PNC'S TRAFFIC CONCERNS.

ALTHOUGH, THEY ARE NOT REALLY ANTICIPATING HIGH TRAFFIC

DRIVING BY THE WAY. >> AGAIN, HAVING YOUR SIDEWALK CONNECTION, TO LENA LANE, AND THEN WE ALSO PROPOSE ALSO, AND THIS SEEMS LIKE A GOOD IDEA, IS PROVIDING FOR PARKING SPACES HERE, THAT WAY, USE GOT PLENTY OF PARKING, AND YOU HAVE CIRCULATION, AND WE CAN KEEP OUR TWO MATURE TREES, AND SO, YOU KNOW, STAFF WOULD SUPPORT THIS. THIS WOULD NOT, AND WE GOT THIS BASICALLY AFTER THIS WAS PUBLISHED. SO I APOLOGIZE WE DIDN'T GET IT TO YOU SOONER, BUT AGAIN YOU KNOW, THE STAFF WOULD AGREE WITH THAT, AND THIS SEEMS TO BE A PRETTY GOOD SOLUTION. WE LIKE TO WRITE IN, WRITE OUT, AND KEEPING THE

STREETS. >> SO, THE STAFF ANALYSIS AGAIN, YOU'VE GOT PROPERTY, BASICALLY BORDERED ON THREE SIDES OF THE RIGHT AWAY BY NINTH STREET AND LENA, THEN

[00:35:03]

>> AGAIN, IT IS NOTABLE THAT WITH THAT 10 FOOT REAR YARD SETBACK THAT IS A LITTLE DIFFERENT. THEN, AS FAR AS WHAT WE'VE HEARD FROM NEIGHBORS, TO PEOPLE OUTSIDE OF THE 200 FOOT AND SUCH, AND TRAFFIC SAFETY IN PARTICULAR, WE DID RECEIVE ONE BALLOT PETITION FROM THE PROPERTY OWNER TO THE NORTH WHO IS WITHIN THE 200 FOOT, AND I'M NOT SURE IF YOU'LL BE HERE TONIGHT, HE SAID IT WAS GOOD TO MAKE IT IF HE COULD COME UP BUT THAT WAS A PETITION STATING THAT HE WAS OPPOSED TO THIS DEVELOPMENT. BUT, HE WAS THE ONLY ONE AND HIS PROPERTY COMES UP TO ABOUT 8% OF THE AREA, SO HIS OPPOSITION DOES NOT TRIGGER THAT SUPER MAJORITY, BECAUSE EIGHT DOES NOT EXCEED 20. OR IT IS NOT GREATER THAN 20%.

>> SO AGAIN, THAT STAFF WOULD SUPPORT OUR ORIGINAL RECOMMENDATION, WITH ADDING THE SIDEWALK, OR THE APPLICANTS, AND AGAIN ARE CONCERNED WITH D&C IS, THE TO PROBABLY BE TRADING ONE PROBLEM FOR ANOTHER BY JUST RELOCATING THE DRIVE AND CONNECTING IT TO LENA WHERE WE ARE HEARING PEOPLE WOULD HAVE CONCERNS ALREADY BEFORE THEY HAVE HEARD ABOUT THAT IDEA. AND, ALSO LOSING MATURE TREE WHICH AS BIG AS IT IS, KINDA CHANGES THE CHARACTER OF THE AREA, ALSO. SO I THINK EITHER WHAT WE HAD ORIGINALLY SUPPORTED CAME IN PROBABLY AS THE LEAST INVASIVE OF THE OPTIONS.

>> PLANNING AND ZONING, THE DID RECOMMEND APPROVAL BASED ON THEIR RECOMMENDATION. I'M HAPPY TO TAKE ANY QUESTIONS IN THE

APPLICANT'S EAR. >> THANK YOU, BRIAN.

>> DOES ANYONE ELSE WANT TO SPEAK RATHER THAN THE

APPLICANT? >>

>> IF YOU WOULD LIKE TO COME UP AND STATE YOUR NAME FOR THE RECORD, AND THEN WHETHER OR NOT YOU ARE WITHIN THE CITY LIMITS.

AND, PROBABLY BE HELPFUL TO KNOW IF YOU ARE WITHIN 200

FOOT OF THIS PROPERTY. >> YES, THE NORTH OF THE SOUTH. AND, BASICALLY, YOU KNOW, I MOVED IN HERE COUPLE YEARS AGO, MOVED TO MIDLOTHIAN TO WORK HERE IN TOWN. I RECEIVED THE REZONING REQUEST IN THE MAIL, AND TALK TO ONE OF MY NEIGHBORS ABOUT IT, AND WE WERE BOTH KIND OF OPPOSED TO IT, JUST INITIALLY. IT'S CAN HAVE IMPACT ON OUR FAMILIES. AND FAMILIES IN THE NEIGHBORHOOD.

>> MY WIFE AND I, WE RELOCATED WITH MY SON A FEW YEARS AGO, WE DECIDED -- WE LOOKED ALL OVER THE PLACE, WAS NUTS HOW THE MARKET WAS, WHEREVER YOU CAN FIND A PLACE IT WAS GREAT, BUT WE ULTIMATELY DECIDED TO LOOK IN TOWN, SO WE COULD LIVE WHERE I WORK. I GET TO GO HOME FOR LUNCH, I GET TO SEE MY FAMILY

EVERY DAY. >> IN A, WE PICK AN AFFORDABLE NEIGHBORHOOD WHICH IS RARE. THIS IS WHERE WE SEEM TO BIG SUBDIVISIONS COME IN TOWN, AND IT'S HARD TO FIND AFFORDABLE HOUSING IN TOWN COMING IN, BUSINESSES ARE NEARBY, AND CLOSE TO DOWNTOWN, WE ARE NOT NEXT-DOOR. TO A BUSINESS, WE ARE NOT NEXT-DOOR TO ANY COMMERCIAL, THAT WAS NOT SO WEAK SELECTED A NICE NEIGHBORHOOD, GOT TO KNOW OUR NEIGHBORS, SOME MOVED OUT BECAUSE THE GREAT HOUSING

PRICES, YOU CAN'T BLAME THEM. >> BUT IN A, THEY HAVE COME AND GONE, SOME OF THEM HAVE BEEN THERE FOR MANY YEARS. SOME OF THEM -- ONE ACTUALLY HELPED BUILD A LOT OF HOUSES IN THE NEIGHBORHOOD. SO HE BUILT THE HOUSES, DECIDED TO LIVE THERE, AND HAS NOT MOVED AWAY. UNFORTUNATELY DUE TO THE HOUSE ROOMS ARE DIRECTLY NEXT TO WHERE THIS FACILITY WOULD BE.

SO ANY ADDITIONAL NOISE OFF OF NINTH STREET HAS BEEN MOST CHALLENGES WITH A FAMILY WITH SMALL KIDS, THEY HAVE A THREE MONTH OLD, I ASKED YOU TO THINK ABOUT THAT. THE NEWBORN, THREE MONTHS OLD, MOM IS NOT HERE TONIGHT BECAUSE SHE'S TAKING GREAT CARE OF THEM. SO, IT'S UNFORTUNATELY BEEN WITH THE ADDITIONAL CONSTRUCTION DOWN THE ROAD, WITH THE ADDITIONAL FACILITIES WE'VE HAD EXTRA ROAD NOISE, EXTRA AND AMULETS, IT'S DIFFICULT WITH THESE FACILITIES. SO WE JUST -- WE ARE CONCERNED WITH ALL THE ADDITIONAL SERVICES. THERE WILL BE MUCH TRAFFIC, BUT UNFORTUNATELY, TRAFFIC IS GOING TO BE NOISY LITERALLY. AND THEN, YOU KNOW, THE UNFORTUNATE THING, IS THIS HOUSE HAS SAT VACANT FOR AN ENTIRE YEAR. SO THERE'S A GOOD AMOUNT OF FAMILY THAT MOVED IN THERE. AND THEN,

[00:40:03]

>> I ASKED YOU TO CONSIDER THIS CAREFULLY.

>> THANK YOU SIR FOR YOUR COMMENTS.

>> IF THE APPLICANT WOULD LIKE TO COME FORWARD AND MAKE A PRESENTATION AND OR THE STAFF IS AVAILABLE FOR QUESTIONS, AS

WELL. >>

>> MY NAME IS JEFF, LIVE IN THE CITY LIMITS: FIRST OF ALL THANK YOU FOR TAKING THE TIME TO SPEAK TO ME ABOUT THE PROJECT. AND I THINK THAT THIS GENTLEMAN AND TALK ABOUT PARKING AND TRAFFIC -- CAN YOU BRING UP THE SLIDE THAT I

ISSUED? >> SO. THE PARKING AS IT IS RIGHT NOW, THAT'S ONE THING EVERYBODY IS TALKING ABOUT THE TRAFFIC COMING DOWN ON THE STREET. SO OUR CAREGIVERS WILL PARK IN THE DRIVEWAY. AND THEY WORK 12 HOUR SHIFTS, SO THAT I COULD BE MOVING AROUND THAT MUCH. SO, THE FRONT IS FOR VISITORS. DROPPING OFF, PEOPLE LIVING IN THAT NATURE, AND WE KIND OF TRY TO GET AWAY FROM ANY PARKING INSIDE THE ROUNDABOUT DRIVEWAY, SO THAT DOESN'T HINDER ANYTHING.

THERE'S A FLOW THAT WAY. >> AND THEN, THE UNFORTUNATE THINGS TO ASSISTED LIVING, WE DON'T VISIT OUR PARENTS FOR THE PSALMS, THAT IS SOMETHING WE WANT TO CHANGE, WE WANT TO SAY THAT BECAUSE WE ARE NOT GOING TO HAVE TRAFFIC FLOWING, THERE'S POSSIBLY, IT'S GOING TO INCREASE IF THEY COME AND VISIT, BUT REALLY WE ARE NOT CAN HAVE THIS BIG INFLUENCE ON TRAFFIC FLOW AND ALL OF THAT. WE DON'T HAVE TO TAKE DOWN THAT TREE, WE WANT TO LEAVE IT, AND EVEN IF WE DID, DOESN'T REALLY CHANGE ANYTHING, BECAUSE IT'S NOT GOING TO GET IN THE WAY, SO YOU CAN TURN IN, SO DOES THAT CHANGE ANYTHING BY CHANGING THE DRIVEWAY? SO THAT'S REALLY ALL I HAD TO TALK ABOUT THAT, AND THAT TOPIC HIM IF THERE'S ANY OTHER QUESTIONS ANYONE HAS, I'M

HAPPY TO ANSWER QUESTION. >> OKAY, THANK YOU. WITH NO OTHER PEOPLE TO BE HEARD, I MEANT TO CLOSE THE PUBLIC HEARING. SO COUNSEL WOULD YOU MAKE THAT MOTION. CLOSE, SECOND

FOR MR. GARDEN. >> PLEASE VOTE.

>> THANK YOU. 7 TO 0, ALSO QUESTIONS OF APPLICANT AND OR

STAFF? >> LET'S CLEAR THAT. I HIT THE

WRONG BUTTON. >> I GUESS THE QUESTION WOULD BE FOR STAFF. ON THE ZONING. SO, WE ARE CHANGING THIS TO PD FOR URBAN DEVELOPMENT, CORRECT? THAT IS WHAT THE REQUEST IS

FOR? >> WHAT, PLAN DEVELOPMENT -- INAUDIBLE - OVERLAPPING SPEAKERS ]

>> RIGHT. >> THAT WOULD BE FOR AN SF FOR

SPECIFICALLY NURSING CARE. >> NO OTHER USES CAN BE TRANSFERRED. HE CAN'T BUILD, HE GETS HALFWAY THROUGH THIS AND DECIDES HE DOES WANT TO DO, WHEN I CAN END UP WITH SOME

DEPARTMENT STORE IN THERE? >> YEAH, HE WOULD HAVE TO COME BACK AND ASKED TO AMEND IT FOR OTHER USE.

>> AND IF THE DETERMINATION OF HIS USE OF THAT PROPERTY WHAT HAPPENS -- PARDON MY IGNORANCE ON THAT, IT REVERTS BACK TO --? NURSING CARE WOULD BE AN ALLOWED USE, SO THERE'S NOTHING THAT'S PUTTING AN EXPIRATION ON IT.

>> FOR THE NURSING CARE, SO -- SO IF HE LEAVES, AND WE COULD HAVE ANOTHER NURSING FACILITY COME IN AND BUILD UP -- THAT FOLLOWS THE EXACT SAME STANDARD AND CONDITIONS OF THE NEW

ORDINANCE. >> UNDER THIS ORDINANCE, WE SPECIFY THAT IT IS SINGLE-STORY? I DID NOT SEE THAT -- IT HAS TO BE DEVELOPED TO THOSE PLANS. YES.

>> TO THOSE PLANS. THAT WAS ONE THING I WAS REALLY MISSING ON

THIS. >> I DIDN'T WANT TO SEE IS IF HE, YOU KNOW, LIKE TWO YEARS DOWN THE ROAD DECIDES TO MAKE IT 16 STORY, HE'S GOT A COME BACK AND ASKED.

>> UNDERSTOOD. >> THE OTHER ISSUE I DO HAVE

THE IS WITH THE TRAFFIC FLOW. >> MY ISSUE IS THAT UNDER SINGLE-FAMILY RESIDENCE, THIS U-SHAPED GARAGE, OR -- DRIVEWAY LEGALLY, DOES IT IMPOSE MUCH OF AN ISSUE, BECAUSE YOU MAY HAVE SINGLE-FAMILY RESIDENCE A COUPLE HOURS A DAY, BUT YOU KNOW, I'VE HAD FAMILIES ASSISTED LIVING, I KNOW WHAT YOU'RE SAYING, PEOPLE DON'T VISIT, BUT MY SPIRITS, THAT'S NOT TRUE, AND IN FACT A LOT OF TIMES YOU HAVE ONE ELDERLY PERSON VISITING UNIT, THE FAMILY MEMBER, OR SPOUSE ON A DAILY BASIS. IN THERE. AT WHICH POINT, WE HAVE THEM PULLING OUT INTO ONE OF THE WORST TRAFFIC SPOTS IN OUR TOWN. WHICH IS THAT NIGHT

STREET TRAFFIC. >> MY ISSUE IS THE PROXIMITY

[00:45:01]

I UNDERSTAND THE COMMENTS THAT WERE MADE ABOUT WORRYING ABOUT THE TRAFFIC FLOW IN LENA LANE, WOULD THINK THAT THAT WOULD ACTUALLY BE A MUCH SAFER EXIT. IT'S MORE CONTROLLED.

BUT I HAVE AN ISSUE WITH THAT, I DON'T LIKE THE WAY THIS IS DUMPING OUT, I THINK IT'S CAN OPPOSE A SAFETY PROBLEM IN THE FUTURE. OTHER THAN THAT, I REALLY DON'T HAVE ANY CONCERNS

ON THIS. >> THANK YOU, ANYONE ELSE FROM

COUNSEL? >> I HAVE A COUPLE QUESTIONS ON

PARKING. >> AND I DO -- ECHO SOME OF WHAT COUNCILMAN GARDNER JUST MENTIONED. THE ONLY THING I WANTED STAFF TO CHECK OUT, IS LIKE, IF SOMEONE COMES IN HERE AND PARKS, IS A NECESSARY DISTANCE AND TO STRIVE WITH, AND THEY WANT TO BACK OUT AND ALL THE SPOTS ARE FULL, IF THE NECESSARY DISTANCE THERE? THIS SPOT , ALL THIS IS FULL. AT THIS CAR, OR THIS CAR NEEDS TO GET OUT OF THIS ONE, AND THIS NEEDS TO COME IN, IS THERE ROOM THERE TO GET OUT?

>> SO THAT DRIVEWAY VOLUME ] THE ONLY THING I WANT TO PROTECT AND THIS SEEMS TO COME BACK TO HAUNT US, AND WE HAVE TALKED ABOUT THIS ON THE PHONE, WHEN WE FLIP THESE RESIDENTIAL COMMERCIAL, WE RUN INTO PARKING PROBLEMS A LOT. I WILL SAY AFTER LOOKING AT THIS, I KNOW, WE TALKED ABOUT THIS, AND I'M VERY CONCERNED ABOUT SCHOOL TRAFFIC. I'VE ACTUALLY GOT THIS PULLED UP ON GOOGLE. IT IS FURTHER AWAY THAN I THOUGHT FOR MORE THERE IS THERE A POLICE OFFICER DOWN THERE DIRECTING SCHOOL TRAFFIC. IT IS THAT BUSY THERE THAT IT REQUIRES AN OFFICER. I DO AGREE WITH ED, WHERE I DON'T WANT TO LOSE THE LARGER TREE, I DO IN SOME WAYS LIKE WHAT YOU'VE APPLIED, AND WHAT PAEANS HE WAS TRYING TO PUT TRAFFIC OFF ON LENA, BECAUSE I MEASURED IT ONLINE, THAT DISTANCE I'M THINKING FROM THAT DRIVER TO LUNA IS ON THE LUNAR DRIVE IS LITERALLY AND I'M DOING THIS ON GOOGLE, IS ONLY 12 TO 15 FIT

. MAYBE IT IS LONGER THAN THAT. >> -- IT'S GOTTA BE LONGER THAN THAT, BECAUSE YOU'RE PLANNING 18 FOOT PARKING SPOT, YOU KNOW THAT 18 FOOT PROPERTY LINE, OH, I'M SORRY.

>> GOOD THING I HAVE ALAN HERE, HE JUST TOLD ME THAT'S METERS, SO THAT MUST BE ABOUT 50 TO 60 MEAT FEET. SO THAT STILL CLOSE, WENT FROM 11 FEET TO 5 FEET, BUT THAT STILL

CLOSE. IT'S OVER 30 FEET. >> I'M WITH TIEDOWN THAT.

>> I DON'T KNOW WHAT TO DO BECAUSE WE HAVE A QUESTION. WE GOT OUR FIRE CHIEF APPROACHING THE PODIUM.

>> I JUST WANT TO CLARIFY ONE THING. I'VE BEEN IN COMMUNICATION WITH THE FIRE MARSHAL. I'VE NOT BEEN INVOLVED IN THE PLANNING, THE FIRE MARSHAL HAS, BUT I UNDERSTAND THE U-SHAPED DRIVE IS A FIRE LANE AND HAS TO BE 24 FEET WIDE, I DON'T KNOW HOW WIDE IT IS THERE, BUT IT'S CAN HAVE TO BE WIDENED TO MEET THE FIRE CODE. JUST WHAT THAT IS AS AN FYI. I'D ASSUME CHIEF WHILE YOU ARE HERE, THAT YOU WOULD ALMOST PREFER, WOULD THAT EVEN BE A REQUIREMENT EVEN THOUGH IT IS PAST THROUGH FOR EMS TO HAVE EASY ACCESS?

>> YOU'RE NOT SUPPOSED TO BE IN THERE. AND I'M NOT SURE, THE

[00:50:04]

>> I LET SOME OTHERS,. MY MAIN CONCERN IS CAN BE POSSIBLY TYING THAT INTO LENA LANE, I LIKE YOUR PARKING, I DON'T KNOW IF IT POSSIBLY NEEDS TO BE ANGLED SO YOU CAN FEED OUT, BUT

I FEEL LIKE IT'S PRETTY TIGHT. >>

>> MY THOUGHTS ARE I BELIEVE THIS IS CAN HAVE MINIMAL IMPACT ON TRAFFIC AND AND I DO AGREE THAT AT CERTAIN TIMES OF THE DAY WHEN SCHOOL IS GETTING OUT, OR WHEN SCHOOL IS GETTING IN, DROP MY KIDS OFF, IT DOES GET A LITTLE HECTIC THERE FOR ABOUT 15 MINUTES IN THE MORNING, AND 50 MINUTES IN THE AFTERNOON. I BELIEVE THAT PEOPLE VISITING THEIR , THEIR PATIENTS, AGING PARENTS AND THAT FACILITY CAN SCHEDULE AROUND THAT, PROBABLY AVOID THOSE TIMESLOTS, PERSONALLY I DON'T FEEL LIKE IT'S CAN HAVE A MAJOR IMPACT ON THE TRAFFIC.

>> I DO LIKE THE RIGHT IN, WRITE OUT SOLUTION, I THINK THAT'S A BENEFIT, OF COURSE FOR PEOPLE TO TURN RIGHT IN AND WRITE OUT, AND AVOID CROSSING TRAFFIC AND SLOWING TRAFFIC DOWN. BUT, --

>> HEY, WITH ALL THE NUMBERS BEING THROWN OUT, PERHAPS I MISSED IT, THE WIDTH OF THE DRIVE IS WHAT?

>> SO HOW DO WE GET TO 24? ANNA?

>> JUST TO ADD ON AS I'M PROCESSING THE TRAFFIC FLOW, I DO LIKE THE RIGHT IN RIGHT OUTCOME I'M THINKING ABOUT US, YOU KNOW, APPROVING A DAY CARE ACROSS THE STREET FURTHER DOWN CLOSE TO THE HIGH SCHOOL, WE'VE GONE TO THE CONVERSATION AROUND THE TRAFFIC FLOW, AND SO, I'M NOT AS CONCERNED ABOUT IT, BUT I WANTED TO CONFIRM YOUR STAFFING, YOU SAID STAFF A PARKING OVER THERE, AND YOU HAVE HOW MANY AT WHAT TIME?

>> ASSISTING RESIDENTS IN THE HOME, SO WERE TALKING FOR CARS 12 HOUR SHIFT, ANYBODY ELSE WOULD BE VISITORS? AND THEN, THE RESIDENCE , ARE THEY COMING AND GOING, OR ARE THEY ALL STAYING?

>> I'M THINKING EVEN THE PEOPLE WHO ARE LIKE, GOING TO PARK ON LENA LANE AND WALKOVER, IT'S AN OPEN FIELD ACROSS THE FIELD CORRECT? ENOUGH PARKING IN FRONT OF SOMEONE'S HOUSE?

>> CLARK, ANYTHING TO ADD? >> JOE, THIS IS APPROVED AS PRESENTED, BUT WE HAVE TO MODIFY TO SAY THE DRIVE WOULD

24 FEET WIDE? >> THIS IS A CONCEPTUAL PLAN THAT'S IN HERE, SO EVEN IF YOU DON'T PUT THAT IN YOUR MOTION, STILL GOING TO HAVE TO BE DESIGNED ] SINCE IT IS DEEMED TO BE A FIRE LINE.

>> WE HAVE SOME FLEXIBILITY SINCE CONCEPTIONS, AND I THINK WE'RE FAIRLY REALIZED HERE. BUT I DON'T KNOW HOW MANY SPACES ARE CONNECTED IN THERE OR NOT.

>> -- HE SAID IF IT WAS EXTRA LONG HE COULD EVEN DO THREE.

>> WOULD HAVE TO MEASURE EVERYTHING TO MAKE SURE.

>> THOSE PARKING SPOTS THAT ARE 18 FEET -- THEN ON THE OTHER SIDE, OF THE ALLEYWAY, THERE. I'M NOT SURE.

>> SO THERE IS SPACE TO GET IN THERE. -- BEING A CONCEPT PLAN, AS LONG AS THE SPACES ARE THERE, IT MAY NOT LAY OUT EXACTLY LIKE THIS, BUT --

>> MY QUESTION ABOUT THAT IS, RIGHT NOW ARE WE SPECIFY HOW MANY SPACES ANYWHERE WHERE IT SAYS -- YOU'VE GOT 15 THE SHOW HERE, SO

[00:55:06]

THE ORDINANCE? >> IS IS CONCEPTUAL, JOE?

>> BEING A CONCEPT PLAN, THE WAY WE INTERPRET IT IS, THEY ARE GOING TO BE HELD TO THE NUMBERS OF NUMBERED PARKING SPACES, IT MAY NOT LOOK EXACTLY LIKE THIS, BUT THE NUMBERS, YOUR NECK IS TO PARKING SPACES IN THE BACK. IT STILL CAN HAVE TO BE SIMILAR TO THIS.

>> SO, HERE'S MY ISSUE. WITH A 24 FOOT, IT'S DEFINITELY GOT TO CHANGE THE PARKING. THIS NO LONGER IS GOING TO LOOK THE SAME WHEN WERE DONE. MY ISSUE RIGHT NOW, WE DON'T KNOW WHAT IS CAN LOOK LIKE, WE DON'T KNOW HOMINY PARKING SPOTS WE ARE TO BE ABLE TO FIT IN THERE, BECAUSE WE HAVEN'T DONE THE

MATH YET. >> SO, I UNDERSTAND WHAT YOU'RE SAYING. WE HAVE THE INITIAL ROOM, BUT , WE DON'T KNOW WHAT IS GOING TO LOOK LIKE, AND WE DON'T HAVE THE ACTUAL CONCEPT DOES THIS POINT. IT'S CHANGED SINCE THE PACKET HAS BEEN DELIVERED TO US, AND IT'S NOW CHANGING AGAIN. I THINK WE MIGHT NEED TO REGROUP AND MAYBE TIGHTEN IT UP A LITTLE BIT AND DO IT ON THE NEXT MEETING. THAT'S WHERE I'M

HEADING WITH THIS. >> -- I CAN SPEAK TO WHAT

THEY'RE SAYING. >> I'VE ACTUALLY MEASURED THIS. I KNOW FOR SURE I CAN FIT THREE CARS ACROSS HERE AT 15 FEET. SO I HAVE ANOTHER 15 FEET +2 FEET EXTRA. SO, I COULD CUT THIS AND GO ALL THE WAY HERE

>> AND OVER HERE, AND WHATEVER FROM HERE, IT'S GOING TO LOOK THE SAME, JUST GOING TO BLOW UP A LITTLE BIT. THE PARKING SPOT, WILL BE SIMILAR TO THAT. IT'S NOT, LOOK MUCH DIFFERENT, WE DID MEASUREMENTS ON THAT. IT'S GOING TO LOOK LIKE THAT

AND JUST BLOW UP A TINY BIT. >> HONESTLY, THIS HAPPENS ALL THE TIME. WHERE SITE PLANS ADJUST SLIGHTLY. I MEAN IN HERE IT SAYS, THAT IT HAS TO BE IN THE ORDINANCE, THAT IT HAS TO BE REFERENCE A SITE PLAN, WHICH THAT IS WHAT WERE

WORKING ON WITH THE APPLICANT. >> THAT'S WHAT I'M SAYING, WE ARE PROVING A SITE PLAN IT'S GOING TO CHANGE.

>> WE DON'T HAVE A SITE PLAN AND THE ORDINANCE AS WE ARE APPROVING, SAYS IT'S GOING TO BE TO THE SITE PLAN, SO ESSENTIALLY WE ARE PROVING SOMETHING WITHOUT KNOWING WHAT IT'S GOING TO LOOK LIKE HIM AND THAT'S MY ISSUE. I WANT THE ACTUAL SITE PLAN EITHER THAT, OR HAVE THE ORDINANCE SPECIFY WHAT THE PARKING REQUIREMENTS ARE ETC., SINCE YOU DIDN'T PUT THAT IN THE ORDINANCE, INSTEAD REFER TO THE SITE PLAN. WE NEED

A COMPLETE SITE PLAN. >> YOU WANTED TO SAY 14?

>> I MEAN, IF HE SAYS YOU KNOW, THAT IS TO BE ABLE TO FIT 14 SPACES ON THIS PROPERTY, AND WE CAN WE DO THAT? IS EMOTION? APPROVING? -- THAT WOULD BE FINE. JUST WANT TO HAVE IT STATED AND SPECIFIED IN THE ORDINANCE, YEAH, BECAUSE IT'S NOT IN THE ORDINANCE, THAT IS THE ISSUE I HAVE, THERE ARE NO REQUIREMENTS IN THE ORDINANCE AT ALL.

OVERLAPPING SPEAKERS ] >> IT DOES SAY THE CONCEPT PLAN PROPERTY WILL BE DEVELOPED IN ACCORDANCE WITH THE CONCEPTUAL PLAN. THAT'S WHAT WERE GOING TO REQUIRE WITHIN THE ORDINANCE, AND THE LANGUAGE OF THE ORDINANCE FOR

THE PARKING. >>

SPEAKERS ] >> YEAH, AS IT STATED RIGHT NOW, WE ARE CHANGING THIS, AND IT MODIFIES THE ORDINANCE CONCEPTION ONLY. WE MET JUST TO BE CLEAR, WE'RE SHOWING 15.

SO, WHERE TO PUT THE TEXT IN THE ORDINANCE.

>> I'M NOT COUNTING THAT. >> 10+ THE FOUR --

>> WELL, I SEE THAT IS 14, BUT I'M GOING 46, 10, PLUS -- I'M

WAITING ON MY NEW GLASSES. >>

>>

>> I READY FOR MOTION, BUT SAY. I GUESS IT DEPENDS ON YOUR MOTION. BUT, IF ANYBODY WAS GOING TO GO THE ROUTE OF TYING THIS IN, MY ONLY CONCERN THERE IS YOUR SHIFTING THE ISSUE, BECAUSE IF YOU GO DOWN TO LENA, WE CAN GO TO A STACKING ISSUE OF HOW MANY CARS CAN TACK RIGHT THERE. 70 FEET, SOME JUST THINKING NATURAL RIGHT IN, THEN THEY CAN COME DOWN AND TURN AROUND, GO TO 14TH. BUT IT DEPENDS, WHAT MOTION I GET. MAYBE WE CAN

DISCUSS THE MOTION. >> WOULD YOU LIKE TO MAKE A

[01:00:01]

MOTION? >> YOU HAVE COMMENTS?

>> OKAY. I'LL MAKE A MOTION TO APPROVE AS PRESENTED ON THE SCREEN WITH THE YOU, RIGHT AND RIGHT OUT, WITH ADDING 14 PARKING SPACES SPECIFIC TO ORDINANCE.

>> FAIR ENOUGH? >> BUT YOU'RE PUTTING THE NUMBER 14 IN THE ORDINANCE? IS THAT OKAY? OKAY. SECOND.

>> I HAVE A MOTION FROM THE SALMON, OF SECOND FROM COUNCILMEMBER HUD HARTSON, IN A DISCUSSION ON THE MOTION,

WITH THAT, PLACE YOUR VOTE. >> THE MOTION WAS TO APPROVE AS PRESENTED ON THE SCREEN CURRENTLY LOOKING AT WITH THE STIPULATION OF THE 14 PARKING SPOTS. ALL IN FAVOR, SAY AYE,

[2024-009]

BRIAN. >> THE NEXT ITEM IS 009, WHEN A STEP OUT FOR THAT ONE AND ASKED THE PRO TEM TO TAKE OVER, IS THERE ANYONE SIGNED UP TO SPEAK ON THIS ONE?

>> OKAY. >> OPENING ITEM 2024-00 NINE . CONTINUAL PUBLIC HEARING TO CONSIDER AND ACT UPON A SOLAR

FARM. >> I'M GOING TO GIVE AN ABBREVIATED PRESENTATION. A LOT OF THIS REMAINS THE SAME.

THE PROPERTY IS LOCATED OFF OF HIGHWAY 67, 678 ACRES, A LETTER CUP WAS APPROVED ON THIS PROPERTY FOR SOLAR FARM. AND ORDINANCE NUMBER 20 DASH 21, AND IT EXPIRED ON MAY 12TH 2023, SINCE A A CERTIFICATE OF OCCUPANCY WAS APPROVED.

ZONING ONE AND FUTURE LAND USE PLAN IS INDUSTRIAL MODEL.

>> THERE'S ACCESS TO THE PROPERTY FROM WYATT ROAD, AND SOUTH WEATHERFORD ROAD ON THE WEST SIDE. THERE ACCESS POINTS TO THE DIFFERENT AREAS, AND THEY ARE GATED WITH A LOCK ON THEM. THERE IS A COMBINATION OF ASPHALT AND CRUSHED ROCK.

AND SINCE THEY ORIGINAL APPROVAL, THERE HAS BEEN SOME PROGRESS . THE PROPERTY WAS PLANTED AS ONE INTO BLOT ONE INTO. THE RUTHERFORD ROAD IS DEDICATED, AND THERE WAS A LETTER IN DP TO CHANGE WEATHERFORD ROAD FROM HUNDRED 20 FOOT WIDE RIGHT AWAY TO EIGHT-FOOT WIDE. COUNCIL APPROVED A OPERATION AND MAINTENANCE BUILDING AS WELL UNDER HIM 1120 2363. SO, THE APPLICANT REVISED THE LANDSCAPE PLAN TO INCLUDE THE AREA THAT'S SHOWN WITH THE ARROW AND THAT WAS THE AREA WHERE WE HAD DISCUSSION LAST TIME AND ASKED YOU TO MEET WITH THE APPLICANT, -- LET ME JUST GO TO THAT WEIRD RATHER THAN GO THROUGH ALL THE DETAIL.

SO, WHAT WE HAVE ON PAPER IS TO DESERT WILL APPEASE WITH FIVE INCH IS THIS IS A THREE-INCH POST AS DESCRIBED ON PLAT, AND THEN YOU HAVE A STRETCH THAT GOES NORTH HUNDRED 20 FEET, AND A STRETCH THAT GOES NORTH HUNDRED 90 FEET EASTWARD. AND

[01:05:03]

WILLOW. >> AND WITH THAT, ANY

QUESTIONS? >> TAMMY, DO WE HAVE ANYONE SIGNED UP TO SPEAK? DEBRA? WOULD YOU COME UP, YOU HAVE THREE MINUTES? WHILE Y'ALL HEAR NEGATIVE STUFF FOR ME, I JUST WANTED TO SAY THANK YOU TO THE CITY FOR ADDRESSING MY CONCERNS AT THE LAST MEETING. FOR COMING OUT, AND ALONG WITH MIKE, AND HAVING THE MEETING OUT THERE TO TRY TO FIND A SOLUTION . AND AGAIN, A LOT OF HELP FROM MIKE AS WE HAVE HAD TWO OR THREE MEETINGS, AND WASN'T SUCCESSFUL, BECAUSE ALL THE PARTIES WEREN'T THERE, BUT I GUESS, WE HAVE MEETINGS THIS AFTERNOON, ALONG WITH GARY, AND I HOPE WE COME TO A RESOLUTION, JUST WANT TO THANK YOU ALL FOR YOUR COOPERATION.

>>

YOU SATISFIED AT THIS POINT? >> YEAH, I MEAN, WHAT WE AGREED TO THIS AFTERNOON, THAT DOESN'T REALLY SPELL IT OUT, BUT WE AGREED, BECAUSE I WANT SOMETHING GOING ABOVE THE 10 FEET, BECAUSE IT'S GOING TO TAKE CARE OF THE LOWER PART, SO IT GOES UPHILL, SO I NEED TREES THAT HAVE A GOOD ON THE TOP AND NOTHING AT THE BOTTOM, SO I HOPE CEDAR ELM IS THE TREE, ENEMY, FASTER GROWING TREES AND LIVE "SOMETHING LIKE THAT. SO WE AGREED THAT WE WOULD DO 20 CEDAR ELM'S , I DON'T KNOW ABOUT THE FIVE INCH CALIBER, WE JUST SAID 95 GALLON TREES, AND THEN 30 FEET, IN CENTER -- SPACED APART WITH TWO ROWS. AND THEY'D BE STAGGERED, ALSO.

>> SO IT CAME OUT TO 20 OF THEM.

>> BUT YOU ARE SATISFIED WITH THAT SOLUTION?

>> EXCELLENT. THAT IS WHAT I WANTED TO HEAR. OKAY. THANK

YOU. THANK YOU GUYS. >> TAMMY, ANYBODY ELSE?

>> BEFORE THE APPLICANT COMES UP, LET'S CLOSE THE PUBLIC HEARING. MOTION TO CLOSE THE PUBLIC HEARING. MOTION AND

SECOND. >> MY DOESN'T WORK.

>> ALL IN FAVOR, SAY I. >> ALL POSTS. SAME.

>> RA, I THINK KERRY? >> WE CLOSE THE PUBLIC

HEARING. >> SORRY, GUYS.

>> ANY QUESTIONS? STAFF, APPLICANT? DOES ANYONE HAVE

ANYTHING TO SAY AT THIS POINT? >> OKAY.

>> AWESOME. >> I THINK WERE GOOD, INAUDIBLE - MUFFLED ] GOOD EVENING. I'M DANIEL ARRIGO, PLANT MANAGER. AND I JUST WANT TO THANK YOU ALL FOR THE SUPPORT ON THE SPECIFIC ITEM. WE ALL WANTED TO COME TO A SOLUTION HERE, WE DIDN'T WANT TO JUST COMPLETE THIS PROJECT WITHOUT MAKING SURE THAT ALL THE NEIGHBORS WERE SATISFIED WITH THESE SOLUTION HERE. SO WE ARE VERY GLAD TO HEAR THAT.

[01:10:04]

>> ON MY END, WE WERE PART OF THE MEETINGS TO COME IN WE WANTED TO COME TO THE CONCLUSION HERE THAT WAS

PRESENTED TODAY. >> AS FAR AS THE PRESENTATION GOES, THIS IS A PROJECT THAT YOU ARE FAMILIAR WITH, IT'S A SOLAR FARM BEING CONSTRUCTED SINCE 2020. IT WAS PART OF THE DISCUSSION HERE. AND WE ARE NOW CELEBRATING THIS YEAR 50 YEARS OF OPERATION HERE IN MIDLOTHIAN, THE COMPANY IS REALLY IN A SPECIAL YEAR, HERE. THIS IS A GREAT WAY TO START THE YEAR HERE WITH THIS RESULT TURNING OUT TO SOLVE THE ISSUES RELATED TO INTERACTIONS WITH OUR NEIGHBOR HERE, AND IN A WAY THAT WE ALL COME TO A GOOD CONCLUSION HERE.

I JUST WANTED TAKE THE TIME TO THANK YOU ALL FOR THE SUPPORT IN THE SPECIFIC ITEM, AND THANK YOU VERY MUCH.

>> THANK YOU. >> COUNSEL, ANY QUESTIONS TO STAFF, AND OR -- AM SORRY, WHERE YOU WANTED TO SPEAK AS

WELL? >> I'M ERIKA, AND I AM WITH THE TEAM WITH HER NOW, AND IF YOU HAVE QUESTIONS. -- I'VE GOT A

MOTION. >> WE'LL HAVE MOTION.

>> WHEN MOORE. >> NICOLE HARRISON, I'M APPLE VALLEY SOLAR ALONG WITH MY COLLEAGUE JUST WANTED TO THANK YOU AGAIN FOR YOUR TIME AND I WANTED TO SAY A SPECIAL THANK YOU TO COUNSEL WYCLIFFE, AND COUNCILMEMBER HUD HARTSON COMING ON SITE. AND I THOUGHT THAT MEETING WAS VERY PRODUCTIVE AND THANK YOU FOR TAKING A FEW WEEK -- A FEW WEEKS OF TIME, AND I JUST WANT TO GIVE A SPECIAL THANK YOU ON BEHALF OF APPLE VALLEY SOLAR AT THIS POINT.

>> MOTION TO APPROVE AS PRESENTED.

>> I'D LIKE TO AMEND THAT. >> APPROVED AS PREVENTED WITH THIS BESEECH CHANGED AS AGREED UPON AT THE MEETING TODAY.

>> THE CEDAR ELM RATHER THAN THE DESERT CYPRESS.

>> I JUST WANTED TO AMEND. I'M GOOD WITH A PROVEN, JUST WANTED TO MAKE SURE WE CAPTURED THE REQUIREMENTS.

>> SO WE HAVE A AMENDMENT AND AN EMOTION TO THE WE HAVE A

SECOND ON THE AMENDED MOTION. >> ALL THOSE IN FAVOR, AYE.

>> AND IT PASSES, 6-0. >> THANK YOU TO THE MERIT PRO

[2024-010]

CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON A ORDINANCE AMENDING USE AND DEVELOPMENT OF REGULATIONS OF A PLANNED DEVELOPMENT FOR NEW DATA CENTER BITTER BUILDING AND ACCESSORY STRUCTURES RELATED TO THE BUILDING. THE PROPERTY IS LOCATED OFF OF U.S. HIGHWAY 67 BETWEEN ROCKPORT

PARKWAY AND VV JONES ROAD. >> SO WITH THIS REQUEST, IT IS FOR A FACE FOR OF THE DATA CENTER SITE , AND THIS WOULD BE AN ADDITIONAL 170,000 SQUARE FOOT BUILDING. IT'S SIMILAR TO WHAT WAS DONE AND APPROVED WITH MAIN STREET WITH THE ADDITIONAL GENERATORS, AND ANCILLARY EQUIPMENT REQUIRED.

THIS WELL, IF YOU CAN SEE THE LITTLE BLACK BOX POP UP, THIS WILL GIVE YOU AN IDEA OF ROUGHLY WHERE THE BUILDING WILL

BE FOR PHASE FOUR. >> AGAIN, PHASE THREE IS CURRENTLY UNDER CONSTRUCTION, WHAT WE ARE TALKING ABOUT HERE IS PHASE FOUR AGAIN, THIS IS FACED TO UNDER CONSTRUCTION, PHASE FOUR, THAT AREA THERE IS WHAT WE ARE TALKING ABOUT. SO THIS IS THEIR SITE PLAN. SO THIS IS THE FOOTPRINT OF THE BUILDING OF 170,000 SQUARE FEET, AGAIN, THERE IS THE ADDITIONAL EQUIPMENT THAT PROBABLY GOOGLE CAN PLANE SPEAK TO YOU BETTER THAN I CAN COME I'M NOT AN ENGINEER. BUT THIS IS AN IN THIS ANCILLARY EQUIPMENT SUCH AS THE

[01:15:05]

>> THIS IS PROBABLY A LITTLE BIT BETTER VIEW, SO AGAIN, THE GENERATORS OVER HERE WITH THE AGGREGATE JUST ONLY IN THAT

LOCATION. >> YES AT THIS IS WHERE THE LOW-VOLTAGE BUILDING AND THE OTHER ELECTRICAL BUILDINGS WOULD BE. THE FACADE PLAN, IS PRECAST CONCRETE AS THE OTHERS WERE, SO SIMILAR HEIGHT, IT'S A LITTLE BIT SMALLER BUILDING, SO IT'S OVERALL THE FOOT AND IS SMALLER, SO ONE STORY, AND THIS IS THE RENDERING JUST TO GIVE YOU A BETTER IDEA OF WHAT IT LOOKS LIKE, AND, STAFF DOES RECOMMEND APPROVAL, AND PNC VOTED TO APPROVE 6-0, AND WE ARE HAPPY TO TAKE ANY QUESTIONS OF OUR AUDIENCE, AND THE APPLICANT IS HERE AS A

REPRESENTATIVE. >> IS ANYONE SIGN TO SPEAK? I WILL ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING. IT IS CLOSE BY MR. GARDNER, SECONDED BY MR. WYCLIFFE.

>> IT PAST 7 TO 0, STATE YOUR NAME, AND IF YOU WOULD LIKE, -- I LOST MY VOICE TODAY, I AM MANAGER WITH THE HDR, I HAVE BEEN INVOLVED IN THE SITE SINCE 2018, HOPEFULLY, I WILL BE ON THE SITE FOR SOME TIME TO

COME. >> COUNSEL, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT OR IN STAFF?

>> MY QUESTION IS IS -- IS THE FACILITY GOING INCREASE WATER CONSUMPTION?

>>

>> COUNSEL, FURTHER QUESTIONS? ENTERTAIN A MOTION, IF THERE ARE NO, MOVED TO APPROVE? MOTION APPROVED BY MAYOR PRO TEM, SECONDED BY MS. HAMMONS, IT PASSES 7-0.

[2024-011]

>> THANK YOU. THANK YOU SIR. >> OPENING HIDING 2024-011 .

CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE RELATED TO THE USE AND DEVELOPMENT OF 71+ ACRES CHANGING THE ZONING FOR PLAN DEVELOPMENT 94 AND WILL LIGHT INDUSTRIAL TO PLANNED 171 COMMUNITY READ TOUR RETAIL ADOPTING DEVELOPMENT REGULATIONS FOR CONCEPTUAL SITE PLAN SIGNED ELEVATIONS, OUTDOOR DISPLAY STORAGE PLAN, LANDSCAPE PLAN AND ROUGHLY GENERATED ON THE SOUTH SIDE OF WEST MAIN STREET AND EAST OF HIGHWAY 67 IN NORTH OF

STATESBORO 73. >> THANK YOU MAYOR. THIS IS A PROPOSED DEVELOPMENT FOR COMMUNITY RETAIL USES. THE EXISTING ZONING IS PD 49, WHICH WAS APPROVED BY CITY COUNCIL ON MARCH 13 2018, THE ORIGINAL ZONING DID NOT INCLUDE THE STRIP ON THE WEST SIDE AND THIS APPLICATION DOES INCLUDE THAT STRIP, AS WELL. THE FUTURE LAND USE PLAN SHOWS THIS AS REGIONAL MODULE, AND A CONSERVATION AREA. IT DOES MEET THE MULTIPLE GOALS IN THE 2018 CAPRI HAD TO PLAN RELATED TO RETAIL, AND FINANCIAL STABILITY, I DO HAVE A LARGER AREA, BUT I WILL GO THROUGH IT UNLESS WE NEED TO COME BACK TO IT, JUST WANT TO INCLUDED IN CASE THERE WERE SOME QUESTIONS ABOUT THE LARGER AREA. SO, THE SURROUNDING LAND USES TO THE NORTH IS RESTAURANTS, COMMERCIAL, RETAIL OFFICE, A MARKED, AND DISCLOSES STRUCTURE TO THE SITE IS THE PROPERTIES THAT ARE JUST ACROSS THE STREET FROM MAIN STREET, THEY ARE HUNDRED AND 80 FEET AWAY, TO THE EAST, YOU HAVE FIVE SINGLE-FAMILY HOMES ON SOUTH FIRST STREET, JUST 380 FEET AWAY FROM THE PROPERTY LINE. TO THE SOUTH YOU HAVE

[01:20:02]

>> SO, THE EXISTING ZONING OF THE PROPERTY IS BROKEN INTO THREE TRACKS. AND, WELL, IT'S FOR A FEW INCLUDE THE LIGHT INDUSTRIAL THAT IS NOT PART OF THE PD, BUT THE ONES TO THE WEST OUR COMMUNITY RETAIL TYPE USE DEVELOPED WITH THE THOUGHT OF DOING, EUNUCH, HOSPITAL AND MEDICAL TYPE OF USES AT THE TIME. TO THE EAST, IT WAS DESIGNATED FOR SINGLE-FAMILY

THREE. >> THE PROPOSED ZONING, IT WAS BROKEN OUT TO USES THAT MODIFY SITE APPROVAL PROHIBIT USES FOR THE SPECIFIC USE PERMIT, THE CURRENT PROPOSAL DOES NOT BREAK INTO THE PROPERTY INTO TRACKS, IS ALL ONE PROPERTY.

THE FOOTPRINT ON MAIN STREET IS HIGHWAY 67, AND WE HAVE STATESBORO 73, AND THE HIGHWAY 67 FRONTAGE ROAD, ] WAY IS A MAJOR APPLICANT WILL BE PROVIDING ALL THE AMENDMENTS AS RECOMMENDED IN THE TIA. SO, THE PROPOSED PD, IT'S GOING TO BE DEVELOPED INTO TWO PHASES. AS YOU'VE HEARD EARLIER, THERE'S GOING TO BE A COMPONENT WITH THE FIRST PHASE, AND THERE'S GOING TO BE RESTAURANTS, OR RESTAURANTS, RETAIL USES ASSOCIATED WITH IT, SO, SOME OF THE USES WILL BE ALLOWED WITH THE ADMINISTRATIVE SIDE PLAN APPROVAL, THERE WILL BE SOME ADMINISTRATIVE USES AND USES THAT ARE ALLOWED WITH A SPECIFIC USE PERMIT. SO THIS IS THE SITE. THE LOADS IS IN THIS AREA, AND THEN, YOU HAVE THREE DRIVE-THROUGH RESTAURANT THAT WOULD BE ALLOWED BY RIGHT AND WHEN WOULD BE LOCATED HERE, AND IT'S GOING TO BE A CHICK-FIL-A, AND THEN YOU WOULD HAVE ONE IN THIS TRIANGULAR AREA, AND ONE SOMEWHERE ALONG HIGHWAY 67, AND IN IF THERE WERE ANY OTHER DRIVE-THROUGH'S PROPOSED, THEY WOULD HAVE TO COME BACK THROUGH PUBLIC HEARING FOR SPECIFIC USE

PROCESS. >> SO WHAT WE DID, WAS WE LOOKED AT ALL THE USES COMMAND ADDED DEFINITIONS FOR ANY USES THAT WERE NOT THOROUGHLY DEFINED IN THE EXISTING ZONING ORDINANCE. WHEN WE TALKED ABOUT IN OUR WORKSHOP, WAS BUSINESSES WITH PICKUP WINDOWS, IS A WINDOWS THAT DON'T HAVE BURGER STATIONS, THEY DON'T HAVE A LARGE QUEUE OF LANES, YOUR ORDER BY APP. AND THEN WE ALSO DEFINED THE LARGE STORE, AND I'M IN A CAN READ THIS TO YOU THAT WOULD MAKE THINGS VERY LONG, BUT WE SEPARATED OUT THE DEFINITION FOR THE LARGE-FORMAT STORE, WITH THE HOME IMPROVEMENT STORE, BECAUSE WHAT THEY -- FOR SOME REASON THE USED CHANGED AT SOME POINT IN TIME, THEN THE BUILDING COULD BE USED FOR RETAIL OR WHATEVER SORT, BUT THEY WOULD HAVE TO COME BACK TO THIS BODY TO GET AN SEP, FOR OUTSIDE DISPLAY OR

STORAGE. >> SO, THE LOWE'S GROUP PROVIDED A DIAGRAM SPECIFYING ALL THE OUTDOOR DISPLAYS AND WHERE THEY WOULD BE LOCATED AND BREAKING IT DOWN INTO SPECIFIC TYPES OF USES. AGAIN, WHAT WE DID, WAS WE LOOKED AT SPECIFIC USES, AND CREATED PERFORMANCE STANDARDS FOR THEM AND I WANT READ ALL OF THIS AND LESS FOR SOME REASON YOU WANT ME TO, BUT THESE WERE SOME OF THE THINGS THAT WE HAD TALKED ABOUT WITH THE COUNCIL WORKSHOP THAT YOU KNOW, THEY WOULD LIKE TO HAVE

[01:25:06]

DISCUSSED. >> THESE ARE THE ELEVATIONS FOR THE LOADS. I'M GOING TO GO THROUGH A BIT FASTER, BECAUSE I WANT TO GET TO THE APPLICANT, AND ANYONE HERE THAT ONCE AN OPPORTUNITY TO SPEAK.

>> WITH THE LANDSCAPE PLAN, THEY PROVIDED A LOT OF DETAIL IN PHASE ONE, SO PHASE ONE DOES HAVE A LOT MORE DETAIL, SO WHEN THEY COME BACK TO DO PHASE TWO, THEY WILL COME BACK

THROUGH THIS PROCESS. >> YOU'LL BE SEEING PHASE TWO IN MORE DETAIL WHEN THEY COME BACK THROUGH. THE PERFORMANCE STANDARDS FOR THE DRIVE THROUGH'S, A LOT OF THESE ARE THINGS THAT WE SPECIFIED BASED ON DISCUSSIONS THAT WE'VE HAD WITH DRIVE-THROUGH'S IN TOWN, SO WE JUST WANT TO MAKE SURE THERE ARE ADEQUATE SPACES, AND THERE WAS CLEAR TRAFFIC FLOW, AND THEY WEREN'T BLOCKING ANY DRIVES, OR ANY OF THE OTHER THINGS THAT WE TALKED ABOUT IN THE PAST. AGAIN, WE SPECIFIED THAT ANY ADDITIONAL DRIVE-THROUGH'S WOULD NEED TO COME BACK THROUGH THIS PROCESS AND ALSO WE ASKED THAT THERE NOT BE ADDITIONAL DRIVE-THROUGH'S ON MAIN STREET, SO THERE HAS BEEN SOME SPECIAL ATTENTION GIVEN TO MAIN STREET SO FOR THE AREAS IN PHASE ONE THEY PROVIDED ALTERNATE LAYOUTS . WE TALKED ABOUT HOW MUCH THEY COULD CHANGE IF THEY WERE SEEKING ADMINISTRATIVE APPROVAL, AND SO REALLY FOR EXAMPLE, THIS MIGHT BE TWO SEPARATE RESTAURANTS, OR IT MIGHT COME IN AS ONE, SO THEY YOU KNOW, PROVIDED DETAIL TO SHOW THAT THEY COULD MEET ALL OF OUR STANDARD AND THAT WAY, YOU, YOU ARE ABLE TO SEE EXACTLY WHAT WOULD HAPPEN .

THEY PROVIDE A PERFORMANCE STANDARD FOR AUTO REPAIR THIS ONE WOULD HAVE TO REQUIRE -- THEY WOULD HAVE TO COME BACK WITH A SUP TO DO THIS USE, AS WELL AS A HOTEL USE.

>> SORRY. I'M TRYING TO SPEED IT UP. SO OVERALL FOR PARKING, CHICK-FIL-A HAS REQUESTED ADDITIONAL PARKING AS PART OF THEIR PROGRAM, AND THE APPLICANT HAS AGREED THAT FOR THE OVERALL PARKING FOR THE WHOLE DEVELOPMENT, THAT THEY WILL HAVE TWO HAVE KEY SPACES BE 10 FEET BY 18 FEET WIDE THE STATE APPROVED ORDINANCES 70%, SO WE ARE VERY CLOSE TO WHAT

THE ORDINANCE REQUIRES. >> SO THESE ARE THE FACADES THAT THEY DEVELOPED WITH THE WE ASKED FOR THEM TO PROVIDE ELEVATION SO THAT WE COULD SEE WHAT THE ELEVATION FOR MAINSTREET IS PROVIDED AS WELL AS THE ANCHOR FORMAT IF A ANCHOR OR LARGE-FORMAT STORE COMES THROUGH, THEN THEY WOULD RUN THAT BACK THROUGH PUBLIC HEARING. THE UNIFIED SIGNAGE PLAN, THAT IS THE ONE CHANGE AT THE PARK PLANNING AND ZONING COMMISSION AND RECOMMENDED IN A MODIFIED THE PYLON SIGNS IN PHASE ONE, SO THE ONE AT HIGHWAY AND 67 MAIN STREET WAS REDUCED FROM 30 FEET TO 25 FEET, AND THAT THE PYLON SIGNS

[01:30:02]

ADDITIONAL RECOMMENDATION. >> ARE THERE ANY QUESTIONS OF

STAFF? >> TAMMY, DID ANYONE SIGN UP TO SPEAK ON THIS CASE? NO? NO PUBLIC COMMENT, I WILL ENTERTAIN A MOTION CLOSE PUBLIC HEARING.

>> I MOVED UP CLOSE PUBLIC COMMENT.

>> SECOND AND CLOSE, BY MR. WICKLUND.

>> IT IS CLOSE TO 7-0. I'M SURE THE APPLICANT WANTS TO SPEAK HIM AS WELL. SO I'M GOING TO INVITE MR. WEBER APPEARED COUNSEL, AND SURE THERE'S CAN BE A LOT OF QUESTIONS AND COMMENTS ON THIS CASE. THIS IS A FAIRLY LARGE DEVELOPMENT, SO I WANT TO ENCOURAGE YOU TO TAKE NOTES, AND WE WILL GO SYSTEMATICALLY SOMEWHAT TO AVOID AS MUCH CHAOS AS WE POSSIBLY CAN SO WE CAN ALL BE HEARD, AND GET ALL OF OUR QUESTIONS ANSWERED IN A TIMELY MATTER. THANKS MR. WEBER, COULD YOU INTRODUCE YOURSELF TO THE ONES THAT ARE WATCHING ONLINE

AND THOSE THAT ARE OUT HERE. >> GOOD EVENING, MY NAME IS JOHN WEBER, THE OWNER AND DEVELOPER OF THIS PROPERTY, AND I'M HAPPY TO PRESENT TO YOU THIS MAINSTREET TOWN CROSSING.

WE ARE DESIROUS OF HAVING A MIXED USE TYPE DEVELOPMENT WHICH WOULD BE ANCHORED BY LOWE'S HOME IMPROVEMENT STORES AS WELL AS OTHER RESTAURANTS, RETAIL, AND EVENTUALLY, ENTERTAINMENT AS WE PROVIDE AS WE MOVE TO THE SOUTH IN PHASE

TWO. >> I HAVE REPRESENTATIVES TODAY FROM THE LOWE'S CORPORATION IN THE AUDIENCE, THEY ARE AVAILABLE TO ANSWER QUESTIONS, AS NEED BE. I ALSO HAVE MY ENGINEERS, AND ARCHITECTS AVAILABLE HERE

TODAY. >> MY BOSS, MY FATHER LIVES IN HERE, BUT HE WILL BE HERE, IT IS HIS 53RD WEDDING ANNIVERSARY, WE ASKED MOM, AND SHE SAID NO. SO WITH THAT SAID, I WILL PROCEED ON FORWARD. I'M TO START WITH THE GENERAL IDEA OF THE DEVELOPMENT. TELL YOU SOME OF THE THINGS THAT WE CHANGED OVER THE LAST FIVE OR SIX MONTHS AS WE WORKED THROUGH THIS, AND THEN I WILL GET INTO THE SPECIFICS OF LOWE'S. AND THEN AT THAT POINT, I WILL BE HAPPY TO ANSWER ANY QUESTIONS. WE WANTED TO START OUT OVER HERE, AND I'M PROBABLY USING A LASER POINTER, BECAUSE I'M RED BLUE YELLOW COLOR LIGHT. AT THIS POINT WE ARE CALLING THIS AREA PHASE ONE.

THAT IS WHAT WE ARE FOCUSED ON PRIMARILY TODAY. HOWEVER, AN IMPORTANT PART OF PHASE ONE IS THAT WE WILL PUT NICOLETTE DRIVE, A THREE LANE PHARAOH FAIR ALL THE WAY THROUGH ALL THE WAY THROUGH 73 IN OUR GAME PLAN IS TO BEGIN CONSTRUCTION SOMETIME MARCH APRIL THIS YEAR SHOULD WE RECEIVE APPROVAL, THAT ROAD WILL BE PUT IN DAY ONE WITH ALL THE IMPROVEMENTS.

>> THE OTHER -- AS YOU MIGHT NOTICE, WE'VE GOT A 50 FOOT WIDE HIGH PRESSURE GAS LINE GOING THROUGH THE MIDDLE OF THE SITE. IT POSES SOME GEOMETRY CHALLENGES AS WELL AS SOME FREIGHTING ISSUES, SO THAT HAS IMPRESSED US TO SOME DEGREE ON THE SITE, THAT'S NOT MUCH WE CAN DO ABOUT THAT AND I ACTUALLY LIKE THIS, WHERE WE'VE GOT SOLUTIONS, WITH DOING A COMBINATION OF GRASS AND STONE AND PROVIDE A WALKWAY WITH A GRAVEL SIDEWALK THAT WILL ME MENTOR THROUGH THAT PROPERTY.

IT WILL EVENTUALLY TIE IN TO GET THAT THIS AREA IN A LITTLE BIT, BUT THIS PIPELINE CREATE SOME GEOMETRY CHALLENGES FOR THIS LOT HERE, BECAUSE WE ARE FIXED WITH TXDOT AT OUR ENTRY POINT RIGHT HERE OFF OF 67. THIS IS OFFICER C7 SERVICE DRIVE AND THAT ROAD HAS TO BE THERE. SO, WHAT WE'VE GOT IS -- I'VE DESIGNED A DEAL RECOGNIZING THAT THIS IS THE INTEREST WAY. I HEAR YOU LOUD AND CLEAR. HOW IMPORTANT THE SITE IS. AND WE WANT THIS TO LOOK RIGHT, AND WE CERTAINLY WANT THIS TO BE A GOOD ENTRY WAY INTO MIDLOTHIAN, AND

[01:35:03]

>> ON DESIROUS OF SEEKING A SITDOWN RESTAURANT THAT WOULD MEET THE NEEDS OF THE COMMUNITY, AND I'M TO BE MARKETING FOR THE NEXT COUPLE OF YEARS TO MAKE THAT A HALLMARK OF THIS DEVELOPMENT AND WORK HARD TO GET ONE OF THOSE USES. NEXT TO IT, WE HAVE A RETAIL BUILDING, AND THEN WE HAVE A PROPOSAL FOR A SECOND CHICK-FIL-A, IN MIDLOTHIAN, WE WORKED VERY HARD WITH CHICK-FIL-A TO HAVE AN EXTENDED DRIVE-THROUGH, SOMEWHERE IN THE NEIGHBORHOOD OF PROBABLY 70, 75 CARS, FOUR A STACK. SO I THINK ANY PROBLEMS THAT MAY HAVE BEEN INVOLVED WITH THE OTHER CHICK-FIL-A, WE ARE WORKING HARD TO ACCOMPLISH THAT.

>> WE HAVE A RETAIL BUILDING HERE IN FRONT OF THE LOWE'S.

IT'S ABOUT 12,000 SQUARE FEET AND WE ARE WORKING ON GETTING CHIPOTLE FOR THAT ONE, AND AS SHE TURNED THE CORNER AND GO UP ON 67, I DO HAVE ONE OF THE DRIVE-THROUGH'S HERE, AND WE ARE LOOKING TO DO ANOTHER SITDOWN RESTAURANT, AND WE ARE ASKING FOR THE RIGHT TO DO ONE DRIVE-THROUGH IN HERE. AS WE CONTINUE TO WORK THROUGH THIS PROJECT I DON'T HAVE ALL THE ANSWERS, I DON'T HAVE ALL THE TENETS, BUT IT'S STARTING TO HAVE THE FRAMEWORK, SO THAT WE CAN BEGIN OUR MARKETING. AND THAT IS WHY IN OUR OVERALL PD, WE ARE ASKING FOR SOME LEEWAY FOR STAFF APPROVAL, BUT WHAT I'VE TRIED TO DO WAS PROVIDE A VERY EXTENSIVE GAME PLAN THAT HAS THESE DETAILS LAID OUT WITH THE SITE PLANS, WITH ELEVATIONS, WITH VERY DESCRIPTIVE THINGS IN THE PD. ONE OF THE THINGS THAT WE'VE DONE IS, I'VE PUSHED A LOT OF USES BACK DOWN TO A SUP, SO IF YOU IMPROVE THIS, UNFORTUNATELY YOU WILL HEAR ME TALK AGAIN AND I'LL TRY TO BE MORE BRIEF, BUT WE HAVE PUSHED A HOTEL ONTO A SUP PROCESS, I HAVE A HOTEL VISITING WITH US, AND IF WE PROCEED WITH THAT I'LL BE BACK IN FRONT OF YOU, NOT PUSHED BASICALLY SOME OF THOSE USES THAT MARY DISCUSSED, SO WHAT WE'RE REALLY JUST TRYING TO DO IS HAVE OUR LOWE'S, AND THE ABILITY TO DO RESTAURANTS BOTH SIT DOWN, AND WHAT YOU CALL CANCEL COUNTER SERVICE TYPE RESTAURANTS, AND THE SIT DOWNS, AND THEN RETAIL. I DO HAVE A -- TWO SPACES FOR WHAT WE WOULD CALL JUNIOR ANCHORS. ONE OF THEM WE ARE IN DEEP CONVERSATION WITH IS A LOCAL PASTRY RETAILER, WE ARE GOING TO GET THERE WITH THAT TENANT, AND THAT IS OUR GAME PLAN FOR THIS ONE, AND I HAVE ANOTHER NATIONAL CREDIT RETAILER THAT

WE ARE IN CONVERSATION WITH. >> I PLAN TO BUILD IN PHASE ONE, NOT ONLY ALL THE IMPROVEMENTS, BUT WE WOULD ALSO HAVE LOWE'S BUILD THEIR STORE, AND WE STARTED SOMETIME IN EARLY PART OF THIS YEAR, WE COULD EXPECT AN OPENING SOMETIME IN 2025. FOR LOWE'S, FOR OUR RETAIL, THERE AND THIS RETAIL BUILDING HERE CHICK-FIL-A I BELIEVE WOULD START WITH US IN EARLY ON IN THE FACE, AND SOME OF THESE OTHER PAD USERS, WE ARE STILL IN THE PROCESS OF FIRMING UP.

WITH THAT SAID, I WOULD GO AHEAD AND MOVE TO THE LOWE'S CONVERSATION. BECAUSE WHAT WE'VE GOT IS SPECIFIC TO LOWE'S. THEY BEING A HOME IMPROVEMENT STORE OBVIOUSLY HAVE A FEW REQUIREMENTS THAT THEY NEED, AND OF COURSE, IS THEIR BUSINESS THEY HAVE SOME OUTDOOR STORAGE, THEY HAVE SOME OBVIOUSLY LANDSCAPES, SOME SEASONAL DISPLAYS, AND WE HAVE WORKED REAL HARD WITH A LOT OF MEMBERS IN HERE, AND CITY STAFF TO PROVIDE ALTERNATIVES. WE HAVE CUT THAT AREA WAY BACK, IT WAS PROBABLY ABOUT TWICE AS MUCH, AND WE REALLY CUT IT DOWN TO THE BARE BONES FOR LOWE'S TO GET HERE.

AND THEN, WHAT WE HAVE ALSO DONE TO SHIELD THESE AREAS, IS PROVIDE AN EXTENSIVE LANDSCAPE PLAN THAT NOT ONLY MEETS BUT FAR EXCEEDS THE REQUIREMENTS OF THE CITY. AND WHAT WE TRY TO DO HERE IN A LOT OF THESE AREAS WAS PROVIDE A DEEP CANOPY OF LANDSCAPE. THAT WOULD DO ITS BEST TO SHIELD AND COVER THESE AREAS UP, AND STILL MAKE THEM VISIBLE FOR CUSTOMERS TO THE EXTENT THAT YOU ENTER THE PARKING LOT, AND THAT IS THE GOAL AND THE EFFORTS THAT WE PUT IN HERE WITH THIS TODAY. OUR OVERALL LANDSCAPE PLAN , IF I CAN GET

[01:40:04]

SPOTS ARE HELPFUL. >> PREVIOUSLY, WHEN WE STARTED WITH LOWE'S REQUEST, THEY WOULD HAVE LIKED 30% SPOTS AT 10 FEET WIDE, 70 FEET AT NINE, HISTORICALLY SPEAKING, THEY BUILD MOST OF THEIR STORES WITH NINE FOOT WIDE PARKING, AND WE ASK THIS QUESTION OF THE MANY TIMES AND OPERATIONALLY, THEY SEEM TO THINK THAT NINE FOOT PARKING WORKS FOR THEM HOWEVER, WE HAVE ASKED THEM TO GO TO 50/50, AND THAT IS THE BASIS OF OUR REQUEST TODAY. BUT IN SUBSEQUENT CONVERSATIONS, THEY HAVE AGREED TO INCREASE THAT TO 70%. AND WE'D BE MAKING THAT FRIENDLY AMENDMENT TODAY AS PART OF THIS PACKAGE TO INCREASE THE PARKING . IT'S PART OF A IF YOU WILL, A DRAFTED TWO ABSCESSES CROSSING. THEY PREFER ABOUT 350 INAUDIBLE ] TO BE IN THEIR PARKING LOT. RIGHT NOW AT 50/50 RANGE, WE ARE AT 363, WE ARE TO GO ALL 10 FEET IT WOULD TAKE US DOWN ABOUT 332 AND AT THE 70%, TAKES US TO THE 345 SPACES WHICH IS RIGHT WHERE THEIR MINIMUMS ARE FOR PARKING. AND, HOPEFULLY YOU WILL ACCEPT THIS RECOMMENDATION, AND RECOGNIZE THAT EVEN AS LATE AS YESTERDAY AND TODAY, THOSE ARE CONTINUE TO MAKE SOME CONCESSIONS TO TRY TO GET AS MANY 10 FOOT PARKING SPACES IN OUR OVERALL DEVELOPMENT. SO THAT IS THE RECOMMENDATION AVAILABLE TO YOU SHOULD YOU CHOOSE TO TAKE US UP ON THAT OFFER.

>> WITH THAT, I WILL MOVE TO OUR ELEVATIONS FOR LOWE'S.

>> AND, KIND OF VISIT WITH YOU ON THESE. AGAIN, WE BOTH ON A RETAIL, AND WITH LOWE'S AS WE START THIS PROJECT& NINE MONTHS AGO, THE ARTIST HAD A VERY DIFFERENT ELEVATION, THEN

WHAT WE ARE AT TODAY. >> THIS IS A VERY NONTYPICAL STORE FOR LOWE'S. AS YOU CAN IMAGINE, LARGE STORES LIKE LOWE'S AND ALL RETAILERS HAVE THE PROTOTYPE FOOTPRINT AND THEY LIKE TO REPLICATE THAT AS MUCH AS POSSIBLE. SOMETIMES THEY ADD AN ELEMENT HERE IN AN ELEMENT THERE, AND THAT GETS APPROVED, I CAN HONESTLY TELL YOU THAT THIS IS A WHOLESALE CHANGE FROM THEIR PROTOTYPE, WHICH IS REFLECTIVE OF THEIR INTEREST OF WANTING TO BE IN THE MIDLOTHIAN COMMUNITY. WITH THAT SAID, INVOLVING THE MAIN STREET THEME, AND ONE OF THE OTHER THINGS IS, THEY GOT RID OF THEIR TRADEMARK BLUE, AND

[01:45:03]

>> AND IT MATCHES WHAT I'D LIKE TO GET TO ON OUR ELEVATIONS, WE SPENT A LOT OF TIME ON THIS, IF YOU SAW OUR ORIGINAL ELEVATION, THIS IS VASTLY DIFFERENT FROM THE ORIGINAL PLAN. I COULD'VE GONE MORE 180 THEN WE ARE TODAY, SO KIND OF A MAIN STREET FEEL. THIS WOULD BE THE FRONT OF OUR BUILDINGS, AND THEN WE'VE GOT A COUPLE OF DIFFERENT THINGS HERE. IF YOU NOTICE ON THE SITE PLAN, I HAD ONE BUILDING BACKING UP TO MAIN STREET. AND IT'S A SMALL BUILDING AND THE GEOMETRY, THAT MIGHT BE THE ONLY WAY I COULD BUILD IT, SO WHAT WE DECIDED IF I DO BUILD IT LIKE THAT COMMENT BACK IT UP TO MAIN STREET, WE WANT TO DRESS IT UP TO MAKE SURE THAT IT REFLECTED THE SAME TYPE ELEVATION THAT WE WOULD HAVE ON THE FRONT. AT SOME POINT I WAS PLANNING ON DOING ANOTHER BUILDING, BACKING UP TO MAIN STREET, BUT WHAT I WAS TOLD, THAT'S NOT THE WAY WE WANT TO BUILD. SO, IF YOU GO TO OUR SITE PLAN, THIS ALTERNATE -- THIS IS THE PATTERN REFERENCING. THIS ALTERNATE ACTUALLY HAS ME PUSHING THE FRONT OF THE BUILDING OFF MAIN STREET, AND TO ROSA PARKING IN FRONT, AND THEN THAT WOULD ALLOW ME TO HAVE THE FRONT OF THE BUILDING LOOKED LIKE THIS, AND I THINK THAT'S GOING TO WORK BETTER, AND LOOK REALLY GOOD WITH THE BEST PROBABILITY MOVING FORWARD. WE DO HAVE SOME OTHER ELEVATIONS WITH THE REAR OF OUR BUILDING, SO WE KNOW IN CERTAIN CASES WHERE MAKING SURE THAT THE REAR OF OUR BUILDINGS LOOK GOOD, AND NOT AS IF WE JUST FORGOT ABOUT THAT PART OF THE BUILDING. SO WE PUT SOME TIME INTO THAT. AND THIS WOULD BE OUR INAUDIBLE ] AS MARY VISITED. PNC RECOMMENDED CHANGES TO OUR PYLON SIGNS, THERE ARE CHANGES THAT I HAVE EXPECT THAT, HAPPY TO VISIT ABOUT IT, BUT THIS IS A 25 FOOT PYLON SIGN. THEY ARE GOOD LOOKING SIGNS , THEY HAVE GOT THE MIDLOTHIAN NAME ON THEM, GOING UP AND DOWN, THEY MATCH THE SIGNAGE THAT THE ONE OF THE COUNCILS, ONE OF THE DIRECTIVE BOARDS HAVE DESIGNED, AND SO THAT'S WHAT WE ARE LOOKING TO DO. RIGHT HERE, WOULD BE 25 FOOTER. WE ORIGINALLY HAD THIS ONE IS A 35, IS NOW SET TO BE A 25, AND THE SIGN RIGHT HERE WAS 35, AND PNC ASKED THAT WE GO TO 40 ON THAT ONE, AND THIS ONE IN PHASE TWO, WAS 35, AND WE THOUGHT THAT MAYBE WE SHOULD GO TO 40 THERE, AND KEEPING THE SIGNAGE DOWN 67 AND NOT HAVING

AS MUCH SIGNAGE ON MAIN STREET. >> GOT A LOT OF WORK INTO THIS DEAL, IF THAT'S ALL -- I'LL BE HAPPY WITH THAT. BUT WHAT I WOULD TELL YOU IS, THE SIGNAGE IS AN IMPORTANT THING MORE SIGNAGE THE BETTER. BUT AT SOME POINT, YOU'VE GOT TO LIVE WITH WHAT WILL MAKE EVERYBODY HAPPY.

>> AT THAT POINT, THAT PRETTY WELL CONCLUDES AND OBVIOUSLY, THOSE SIGNS ARE INTERNALLY ILLUMINATED, AND HAVE THOSE TYPES OF PYLON SIGNS WILL SAY MAIN STREET TOWN CROSSING ON THE BOTTOM, AND AGAIN, IT WILL HAVE THE MIDLOTHIAN NAME. AT THAT POINT, THAT IS PRETTY MUCH MY PRESENTATION. AND I WILL BE QUIET NOW AND BE HAPPY TO ANSWER ANY QUESTIONS.

>> THANK YOU MR. WEBER, COUNSEL AND SO THERE'S QUITE A FEW QUESTIONS, AND SOME DIALOGUE BACK AND FORTH WITH

[01:50:03]

>> WE WANT TO CLOSE PUBLIC HEARING.

>> WITH THAT I WILL OPEN UP THE FLOOR TO OPEN UP THE FLOOR TO ASK QUESTIONS OF MR. WEBER AND OR OUR STAFF.

>> WE CLOSE THE PUBLIC HEARING, CORRECT?

>> YES. >> SO, NOW IS A GOOD TIME TO

ASK QUESTIONS OF MR. WEBER. >> MR. WEBER, IF YOU WOULD, SHARE WAS A LITTLE BIT OF ABOUT YOUR DRAINAGE.

>> IN QUEUE COUNCILMAN ROGERS, I PROBABLY SHOULD HAVE TOUCHED ON THAT. I'LL TALK TO YOU ABOUT HERE, ON THAT ONE, THERE'S ALWAYS SOMETHING THAT YOU FORGET. HERE IS -- WHAT I'VE DONE, AND HERE IN PAST COMMENTS ABOUT RETENTION. WE HAVE TRIED TO CREATE WHAT I CALL DETENTION ZONES, AND MY ENGINEERS OF WANTED ME TO SAY THIS VERY SPECIFICALLY, THERE IS A GREAT DEBATE ABOUT THE SCIENCE OF ENGINEERING WHICH IS PRETTY ACCURATE AND PRETTY DARN GOOD, ON HOWEVER WHEN IT FLOODS AND WHEN IT RAINS, NOBODY LIKES A FLOOD. SO WHAT I'VE ASKED MY ENGINEERS TO DO IS FIND A WAY TO TRY TO GROW OUR DETENTION ZONE, AND GO ABOVE AND BEYOND WHAT THE STUDIES SAY IS REQUIRED AMMA AND I HAVE CREATED A DETENTION ZONE HERE, ONE HERE, AND A LARGE ONE HERE, NOT TO MENTION WE HAVE THE ABILITY TO PUT BASICALLY FLOODWAY STORAGE IN THE CREEK AREA WHICH IS ALLOWED. I HAVE ASKED THEM TO FOCUS ON TWO , FIVE, AND TENURE STORMS AND FIND A WAY TO MAKE US HOLD A LITTLE BIT MORE WATER, IT'S A DOJO EDGE SWORD. IF YOU HOLD TOO MUCH WATER WHEN IT RAINS, AND WHEN IT FLOODS, THEN IT STARTS TO CREATE FLOODING DOWNSTREAM. IF YOU RIGHT NOW, THE STUDIES SAY WE DON'T ACTUALLY HAVE TO HAVE ANY EXTENSION PONDS, AND THAT'S ACTUALLY A FACT. HOWEVER, FACTS AND REALITY WHEN IT COMES TO PEOPLE, CAN SOMETIMES GET MESSY. SO WHAT I ASKED FOR IS TO FIND A WAY TO CREATE SOME DETENTION ZONES THAT WILL ALLOW US TO STORE JUST A LITTLE BIT MORE, AND DO A LITTLE BIT MORE THAN MIGHT BE ALLOWED. SO THAT'S WHERE WE ARE AT. OBVIOUSLY, I'M NOT AN ENGINEER, YOU, YOU WOULDN'T WANT ME DESIGNING YOUR HYDROLOGY, BUT I GOT MY MARK MING COLEMAN TEAM, AND MIKE ADAMS AND YOUR TEAM HAVE STUDIED EXTENSIVELY, AND CERTAINLY WHEN YOU ARE DEALING WITH PERSONS LIKE THOSE, NOBODY WANTS ANY FLOODING. SO, THIS IS A HOT BUTTON ISSUE THAT EVERYBODY ON OUR LEVEL WORKS REAL HARD TO GET. SO THAT IS WHERE THOSE AREAS ARE. AND THAT'S HOW WE HAVE THOSE DETENTION ZONES.

>> DID THOSE DETENTION STONES STAY IN PLACE OR COME AND GO DURING EXPANSION? RIGHT NOW WE DO NOT PLAN TO BUILD, AND WHEN YOU DEAL WITH A LARGE TENANT LIKE LOWE'S, LOWE'S DOESN'T WANT YOU TO BUILD A BUNCH OF BUILDINGS BLOCKING THEIR VIEW CORRIDORS SO THERE WILL NOT BE PVA'S IN THOSE DETENTION ZONES. SO BASICALLY, I DO NOT BUILD A BUILDING ON

THOSE NOW, OR IN THE FUTURE. >> WHAT ABOUT -- YOU GOT A DECENT AMOUNT OF GREEN SPACE DUE TO THE EASEMENT THERE, IF THERE ANYTHING SPECIAL PLANNED FOR THAT EASEMENT AREA, WELL, YOU'RE IN A MANSION THE OWNERS OF THE PIPELINE ARE VERY CAUTIOUS AS TO WHAT YOU PUT OVER THERE HIGH-PRESSURE GAS LINE. THERE'S A THREE FOOT TO SEVEN FOR TOLERANCE OF DIRT THAT WE CAN PUT OVER IT, AND IN FACT, EVERY TIME I CROSS IT HERE, HERE, HERE, HERE, AND HERE, IT'S ABOUT $60-$75,000.

WHAT WE ACTUALLY HAVE TO DO IS GO IN THERE, DIG UP , READ CASE A PIPELINE, MAKE SURE IT'S EVEN SAFER FOR THE CARS AND TRUCKS THAT WILL GO OVER IT, AND THEN PUT EVERYTHING BACK AND PROTECT IT THAT WAY. SO, WE DO HAVE -- WE ARE ALLOWED TO PUT SOME SHRUBBERY ON THE PERIMETER OF THE PIPELINE, AND WE PLAN TO DO THAT, AND WE DO PLAN TO HAVE A CRUSHED GRANITE

[01:55:06]

DOING SOMETHING LIKE THAT. >> WITH THAT, WE'VE DESIGNED THE SIDEWALK TRAIL, THAT GOES HERE, IT GOES AROUND, COMES BACK AND TIES INTO THAT, AND WE DO HAVE SIDEWALKS HERE ON MAIN STREET, AND WE ALSO HAVE THEM ON NICOLETTE WAY, THAT

GO FOR HERE, AND ON THE SIDE. >> ONE OF THE LATTER QUESTIONS FROM THE -- IT AT LEAST APPEARS THAT YOUR DISPLAY HERE EXHIBIT, D OF LOWE'S PARKING THERE'S A RESPECTABLE AMOUNT OF ASPHALT ON PERIMETERS. IS THERE ASPHALT INC. INTO THE BALANCE OF THE DEVELOPMENT ANYWHERE, AND WHAT WOULD THIS

DECISIONS BEHIND THE ASPHALT? >> ARE COMPANIES BUILT PROBABLY NORTH OF 40 PROPERTIES IN THE DALLAS AREA, WHAT I WOULD SAY THIS IS SOME OF THE MOST TRICKY SOIL THAT ONE COULD IMAGINE. IT IS EXPENSIVE CLAY SOILS, AND IN THIS PARTICULAR AREA. AND, EXCEPTIONALLY, DIFFICULT TO DEAL WITH, IN FACT, MY GEOTECH REPORT WHICH IS RON REED, HAS ME AND A LOT OF ERRORS BASICALLY, ALL ALL MY BUILDINGS ALONG NICOLETTE DRIVE, I AM WATER INJECTING DOWN TO 25 FEET WHICH IS ALMOST UNHEARD OF, BECAUSE THEY ONLY MAKE THE WATER INJECTION PIPES 20 FEET LONG, SO THAT'S ONE OF OUR CHALLENGES THERE. WE NEVER WATER INJECT PASS 15 FEET, MY REASON TO DO THAT IS BECAUSE WERE GOING TO HAVE TO DIG UP SOME OF THE SOIL AND THEN, WATER INJECT DOWN 15 FEET AND PUT THAT SOIL BACK ON, AND THEN WATER INJECT THAT. AND ON OUR BILLING PADS, AGAIN, WE HAVE THE SAME 23 TO 25 FOOT RECOMMENDATIONS TO WATER INJECT THAT.

>> IF YOU FOLLOW WHERE THAT GOES, THAT WILL ALSO HAVE ME WATER INJECTING THE ENTIRE PARKING LOT. AND THAT IS A COMMERCIALLY UNREASONABLE THING TO DO. SO WHAT WE'VE GOT IS THIS SITUATION WHERE WE CAN BUILD ALL CONCRETE PARKING LOTS, AND IN THE FOUR DEVELOPMENTS, THAT'S WHAT I'VE DONE. WE ARE ASKING FOR -- OUR PREFERENCE IS TO BUILD CONCRETE, AND THAT'S WHAT I PLAN TO DO HERE. LOWE'S'S PREFERENCE IS TO BUILD CONCRETE JUST AFFIRMED BY THEM THIS AFTERNOON, HOWEVER, WE ARE ASKING FOR ATTENTION TO ANALYZE AND POTENTIALLY DO ASPHALT IF RON REED, WHO ALSO HAPPENS TO BE THE GEOTECH ENGINEER THAT THE CITY IS USED IN THE PAST, AND WE HAVE USED FOR 25 TO 30 YEARS, IF HE SITS THERE AND SAYS, JOHN YOUR CONCRETE IS CAN A BREAKUP, IN A SHORT PERIOD OF TIME, WE HAVE TO USE ASPHALT, IT'S GOT TENSILE STRENGTH THAT ALLOWS IT TO SWELL WITH CLAYS AND GO UP AND DOWN. SO THE ANSWER TO YOUR QUESTION IS, WE ARE PLANNING ON CONCRETE IN MY AREA, LOWE'S WOULD BE WILLING TO PLAN ON CONCRETE ALSO IN THIS AREA, BUT THERE MAY BE A CHANCE IF RON REED SITS THERE AND SAYS, THIS IS JUST A BREAKUP, ASPHALT MAY BE THE WAY TO GO, AND THAT IS HOW WE ASKED FOR IT IN THE PD.

>> HAVE A QUESTION. >> IF IT'S PROBLEMATIC AROUND THE LOWS, ARE YOU ASKING FOR ASPHALT INSTALLATION IN THE WHOLE BALANCE ? I'M NOT FOLLOWING YOU TOTALLY.

>> WE ARE PLANNING ON CONCRETE WE THINK WE CAN GET ALL CONCRETE DONE , IT IS OUR PREFERENCE. HOWEVER, UNTIL WE CONTINUE TO ANALYZE THE GEOTECH REPORT, THERE IS A CHANCE THAT WE MIGHT HAVE TO COME BACK FOR ASPHALT. HOWEVER, FOR THAT WHOLE DEVELOPMENT, OR THE LOWE'S POTION OF IT.

>> AS I SIT HERE TODAY, IF I TELL YOU I'M TO DO ALL

[02:00:01]

>> WELL, LET ME SAY THIS. >> CONCRETE, WE ARE WATER INJECTING THAT TO THE 25 FEET

>> AS I SAID IT IS AND LOOK AT THIS PICTURE, YOU CAN HAVE PORTIONS OF CONCRETE AT THE PERIMETER, AND ASPHALT TO ALLOW BUILDING SLABS AND POSSIBLE PARKING SLABS TO ACT AS FLOATING MECHANISMS WITHIN THE ASPHALT, ARE YOU SAY MIKE, WE MAY HAVE BUILDING SLABS THAT ARE CONCRETE AND ALL THE PARKING AND EVERYTHING COULD BE, BECAUSE I'M LOOKING AT THE LOWE'S DRAWING AND IT HAS CONCRETE PARKING IN TWO PLACES, AND A SLAB KIND OF PARAMETER BY ASPHALT, SO I'M TRYING TO

CALL EXACTLY WHAT THE IDEA IS. >> THE IDEA WAS TO ALLOW FOR SOME ASPHALT, BUT IF THE RECOMMENDATION THAT YOU ASKED TODAY IS TO HAVE ALL CONCRETE, WELL, IF THAT IS WHAT THESE BODY SAYS, I WILL SIT HERE AND SAY WE WILL DO ALL CONCRETE, BUT I SAID MY PIECE -- OKAY, LET THE MOTHERS ASK

QUESTIONS. TWO QUESTIONS. >> ONE FOR THE ASK , WHY UNCERTAIN PORTIONS OF THIS DEVELOPMENT ARE YOU PLANNING ON DOING CONCRETE WHERE OTHER ONCE YOU ARE NOT? OUR PREFERENCE IS CONCRETE, AND IN A PERFECT WORLD I WOULD DO CONCRETE EVERYWHERE. SO WHY IS THAT NOT UNHAPPY?

>> BECAUSE PREFERENCES AND GEOTECH OF COURSE ARE OFTEN DIFFERENT, AND HEAVING THROUGH THE SOIL, VERY SHORTLY, I MEAN, WE CAN SEE HEAVING A 5 TO 8 FEET, AND IF THAT IS WHAT CAUSES YOUR CONCRETE THE FAIL, IF YOU'VE EVER BEEN IN A PARKING LOT WHERE YOU BIG CHUNKS OF CONCRETE CRACK, THAT

IS WHAT CAUSES THAT. >> WHY IS THAT NOT GOING TO BE A FACTOR ON THE ROAD, BECAUSE I'M WATER INJECTING THAT TO 25 FEET. AND THAT CAN'T HAPPEN WITH THE ENTIRE SITE. IT CAN'T. BECOMES ONE OF THOSE DIFFICULT COMMERCIALLY UNREASONABLE THINGS TO DO. AND THAT BECOMES A PROBLEM, BUT HERE'S THE OTHER THING. IF YOU TOLD ME INJECTING TO 25 FEET WAS THE END-ALL BE-ALL, I WOULD DO IT ALL . BUT EVEN A WATER INJECTION AT 25 FEET, DOESN'T -- IS NOT AN INSURANCE POLICY.

IT IS NOT AN END-ALL BE-ALL, THERE STILL A CHANCE THAT WITHOUT WATER INJECTION, THINGS COULD PITCH.

>> WHEN YOU EXPECT THAT REPORT BACK?

>> WE HAVE IT. AND MAYBE I'LL HAVE MARK CLARK MY CIVIL ENGINEER AT A LITTLE MORE COLOR TO THIS, IF YOU CAN, AS

IT IS VERY TECHNICAL. >> IF THE REPORT IS ALREADY DONE AND WE ALREADY KNOW WHAT THE LAND WILL BEAR? RIGHT? MY, WOULD YOU CARE TO SPEAK ANYMORE ON THAT ONE ON THE GEOTECH AND CONCRETE VERSUS ASPHALT?

>> I'LL DO MY BEST. I THOUGHT YOU DID A PRETTY DECENT JOB

EXPLAINING IT. >> MICHAEL CLARK, WINKLEMAN AND ASSOCIATES. DALLAS 75230. IF I MAY JUST GO BACK ONE SECOND, THE LOWE'S DRAWING YOU'RE LOOKING AT IS A PROTOTYPICAL DRAWING THEY USE NATIONWIDE THAT THOSE LOCATIONS, THOSE AREAS SHOWN US CONCRETE ARE ALWAYS CONCRETE, THE OTHER IS OPTIONAL. SO THAT'S THEIR PROTOTYPE. NO MATTER WHAT THOSE ARE CONCRETE. THE GEOTECH, IT'S A CHALLENGING SITE OTHERWISE. AND AS JOHN SAID, I MEAN, THE ASPHALT IS KNOWN MORE FOR GIVING, NO QUESTION, IT ALLOWS FOR MORE FLEXIBILITY AS CONCRETE DOESN'T. WE ARE CONFIDENT BASED ON OUR GEOTECH, AND I'M NOT A GEOTECH, BUT I'M A CIVIL ENGINEER, BUT I WORK WITH THEM. THE CONCRETE IS LESS FORGIVING AND WILL BREAK, AND WILL CRACK. THE ASPHALT WILL DO THE SAME, BUT IT WILL MOVE UP AND DOWN , SO IT ALLOWS US TO REPAIR EASIER. ASPHALT, WE CAN REPAIR PATCH, CONCRETE, YOU GOT TO START CUTTING OUT, AND IT'S MUCH MORE COMPLICATED. SO THAT'S WHY WE ARE LOOKING AT THE HIGH

FLEXIBILITY. >> I GUESS, WHAT I HEARD WAS THAT YOU SAID YOUR PREFERENCES FOR CONCRETE, BUT IF HE TELLS

[02:05:05]

>> THE RECOMMENDATION -- IS NOT AS SPECIFIC IT IS ONE OF THOSE REPORTS THAT SAYS HEY, YOU KNOW, IF YOU DO THIS OUR RECOMMENDATION IF YOU USE CONCRETE OUR RECOMMENDATION IS TO WATER AND CHECK 25 FEET DOWN EVEN WITH THAT, THERE'S NO GUARANTEE THAT THE CONCRETE IS A GUNNER BREAK, WHAT I ASKED RON TO GIVE ME IF WE DO NOT WANT TO CHECK 25 FEET ON THE PARKING LOT, HE SAID YEAH YOU CAN BUILD CONCRETE, AND HE SAID YEAH, THAT'S WHAT I WOULD DO THAT, THAT'S WHAT THE REPORT SAYS. I MEAN I COULD SIT HERE AND LIE TO YOU AND SAY, I CAN DO ALL CONCRETE, AND I WILL DO ALL CONCRETE, BUT I DON'T FEEL COMFORTABLE SITTING IN FRONT OF A PUBLIC BODY SAYING THAT.

WHAT I DO FEEL COMFORTABLE ABOUT IS, I KNOW I'M TO WATER INJECT NICOLETTE DRIVE, THERE ARE SOME AREAS WHERE MY PREFERENCE IS ALWAYS CONCRETE, IN FACT, THERE'S ALMOST NO COST SAVINGS DOING CONCRETE AND ASPHALT. IN FACT, I HAD BOTH.

ON NICOLETTE DRIVE AND THERE WAS ABOUT HUNDRED 80,000 DOLLARS DIFFERENT FOR 2100 LINEAR FEET. THERE WERE TIMES BACK IN THE DAY WHEN ASPHALT WAS 30 TO 40% CHEAPER THAN CONCRETE, TODAY, IT IS A WASH. SO IF IT ORDER TO GET APPROVAL TODAY, YOU TELL ME YOU WANT ALL CONCRETE, I'M NOT IN A FIGHT YOU. I WANT TO BUILD THIS DEVELOPMENT, BUT I CAN'T BE A GOOD HONEST PERSON AND SIT HERE AND TELL YOU, YOU KNOW, HEY THAT'S THE BEST AND GREATEST THING. MY ONLY ANSWER TO YOUR QUESTION, -- HELP US OUT HERE, MIKE.

>> COUNCIL ADOPTED WHAT IS ETHICAL FOR STANDER SPIRIT IS HIGH EXPENSIVE CLAY IN SOILS. AS PART OF THAT, IT REQUIRES PUBLIC ROADS AGAIN NOTHING TO DO, BUT PUBLIC ROADS IN THE AREA ARE SUPPOSED TO BE ASPHALT BECAUSE OF FLEXIBLE PAVEMENT.

HOWEVER THE POTENTIAL VERTICAL RISE AND MOVEMENT, THE REQUIREMENT HAS BEEN REDUCED TO LESS THAN 4 INCHES, SO WHETHER YOU DO CONCRETE OR ASPHALT, IT HAS TO BE LESS THAN 4 INCHES. AND THAT IS WHERE THAT WATER INJECTION MOISTURE CONDITIONING, WHATEVER GEOTECH RECOMMENDATION IS, WE DO THAT ON A FEW ROADS, AND NO ROADS GOT BUILT WITH IT, EXCEPT THOSE THAT ARE REQUIRED TO BE CONCRETE. WE DON'T HAVE ANY ASPHALT EXCEPT FOR THE NEW ONE WHICH IS THE DERELICT BOULEVARD DONE RECENTLY, AND IT FOLLOWS THE STANDARD, AT TIME, BUT TYPICALLY WHAT WE ARE SEEING IS AS WITH ADVANCEMENTS, I KNOW THAT THE PREFERENCE IS TO USE CONCRETE, SO IF YOU DO A ROAD LIKE THIS, YOU STILL GOING TO HAVE CONCRETE INLETS, SO THE THOUGHT WAS IF YOU PENETRATED YOU SHOULD SUSTAIN

FOR CONCRETE WITH ASPHALT. >> SO THE QUESTION IS NOT FOR ME SO MUCH ABOUT THE ROAD, AS THE BULK OF PARKING AND BALANCING DEVELOPMENT, THIS WOULD BE MY SIMPLE QUESTION.

OBVIOUSLY WE HAVE WALMART AGGRESSIVE WAY. THEY HAVE ALL CONCRETE. I DON'T KNOW THAT I'VE EVER SEEN THEM TEAR ANY OF THAT UP. SOMEHOW MAGICALLY, THEY'VE DONE SOMETHING RIGHT OVER THERE, AND I WANT TO KNOW, WHAT DID THEY DO?

>> IF YOU LOOK AT THE, ONE PART ESPECIALLY ON THE FAR END OF IT, THE ONE FIRE LANE, THEY HAD A MAJOR FAMILY WHERE THEY HAD TO SHUT DOWN THAT AREA AND COME IN TO REPLACE MUCH OF IT.

PART OF THAT WAS, THEY DID A BUDGET CUTTING IN THAT AREA ON THAT SIDE OF IT, THE OTHER THING, GOING BACK IS, TRACTOR SUPPLY, JUST A QUICK EXAMPLE, WIND TRACTOR SUPPLY CAME, THAT TIME, COUNSEL SAID, WOULD BE OKAY IF YOU DO IT CONCRETE OR ASPHALT, MOST PLACES ARE STANDARD IS CONCRETE, AGAIN THAT IS WHAT PEOPLE TYPICALLY WANT TO SEE FROM A MAINTENANCE STANDPOINT, IF YOU HAVE A GOOD SUBGRADE, LAST A LOT LONGER THAN YOU WILL SEE WITH ASPHALT BUT WHEN YOU HAD THAT MOVEMENT, AGAIN YOU HAVE THAT ABILITY TO HAVE THAT FLEXIBLE PAYMENT GIVE-AND-TAKE A LITTLE BIT BETTER THAN CONCRETE BUT WE ARE LOOKING AT WHETHER IT'S ASPHALT OR CONCRETE OR WHETHER IT HAS TO BE LESS THAN 4 INCHES, SO WE FEEL COMFORTABLE AND I THINK IT'S DOWN TO THE CONCRETE SHOULD BE OKAY FOR THE PUBLIC

[02:10:02]

ROADSIDE. >> I RECOMMEND ON THIS

PROJECT. >> IT'S REALLY TO BE A PREFERENCE. DO YOU LIKE ASPHALT OR CONCRETE LOOK ON IT. I'VE SEEN A LOT OF ASPHALT PARKING LOTS IN THE AREA'S, THAT LOOK GREAT, AND I FEEL A LOT THE DON'T LOOK SO GREAT. -- IT ISN'T NECESSARILY IN HIS DEFENSE, I KNOW THE STREET TO GO TO BE TURNED OVER TO US. AS SOON AS THEY START WALKING LIKE CRAZY, IT'S OUR RESPONSIBILITY FOR REPAIR AND ESSENTIALLY SAYING, AND I DON'T KNOW IF WE'LL TURN THE PARKING LOTS OVER, I DON'T KNOW THE ANSWER TO THAT BUT ANY STREET IN THERE THAT THEY DID ASPHALT WOULD BE HOURS -- AND THE CONCRETE STARTS BUSTING AVAILING IT'S GOT TO BE OUR RESPONSIBILITY TO MAINTAIN, TO YOUR DEFENSE, I THINK YOU'RE TRYING TO LOOK OUT FOR YOURSELF AND US, GIVEN --

OVERLAPPING SPEAKERS ] >> THIS IS -- I HEAR YOU LOUD AND CLEAR AND I'M TRYING TO ANSWER. I'M TRYING TO ACCOMMODATE THE POWERS THAT BE, AT EVERY STEP OF THE ROAD.

AND SORRY THE PUN. BUT IF YOU TELL ME YOU WANT CONCRETE I GUESS WHAT I COULD SAY HERE TODAY IS TELL ME YOU WANT ALL CONCRETE, AND ENFORCEMENT TO COME BACK YOU KNOW, AND THE NEXT 30 TO 90 DAYS IF I JUST ABSOLUTELY CANNOT DO IT, AND I HAVE MORE EXTENSIVE CONVERSATIONS, BECAUSE WE HAVE DESIGNED OUR ENGINEERING PLANS FOR THE ROAD. THEY ARE FULLY DESIGNED, THE PAVING PLANS FOR THE PARKING LOT. SO THERE STILL A LITTLE MORE ENGINEERING THAT GOES ALONG WITH THAT. WE'VE DONE ALL OF OUR CIVIL ENGINEERING, PROBABLY SPENT $600,000 TO DATE ON A VERY THICK SET OF CIVIL PLANTS, WE STILL HAVE ANOTHER 20% TO GO. IF WE GET OVER THE GOAL LINE TODAY, AS I HAVE TO HAVE CONCRETE, PUT ME UP TO THE TASK, AND FORCE ME TO COME BACK. AND, HOPEFULLY WE CAN HAVE THIS CONVERSATION. HOPEFULLY WE DON'T HAVE TO HAVE THIS CONVERSATION A SECOND TIME, JUST BUILT CONCRETE PARKING LOTS, SO I'D BE OPEN TO THAT. I REALLY JUST TRYING TO HAVE -- I THINK FOR ME, I NEED TO KNOW CLEARLY WHAT WE'RE TALKING ABOUT. AND MAYBE THIS OR IT MAY BE THAT OR MAYBE SOME HEAR SOME THAT COME I DON'T FEEL COVETABLE APPROVING ANYTHING LIKE WITH THE UNKNOWN APPEAR. SO, I MEAN, VISUALLY, I CAN'T MAKE IT WORK IN MY HEAD THE IDEA OF APPROVING THIS TYPE OF DEVELOPMENT WITH ASPHALT. IF THAT IS AN OPTION TO SAY HEY WE WANT CONCRETE, AND THE STATUS UNIT, ARE UP A CREEK AND YOU HAVE TO COME BACK LATER, I WOULD BE OKAY WITH THAT, BUT I DON'T -- EVEN THE FAIRNESS TO EVERY OTHER DEVELOPMENT IN THE CITY, I DON'T SEE HOW WE COULD DO ASPHALT. BUT SOMEONE CAN ARGUE. I WOULD LOVE TO HEAR AN

ARGUMENT. >> TO BE HONEST, WOULD BE OPEN TO THAT. IF THAT WERE AN AMENDMENT, I WOULD BE OPEN TO ACCEPTING THAT. YOU KNOW AGAIN, TELL ME TO DO ALL CONCRETE, AND IF I JUST CAN'T, I'LL COME BACK AND VISIT, AND THAT I WOULD TRY TO DO BUSINESS, AND THAT KIND OF TIMES MY HANDS IN A GOOD WAY. ELISE FOR THE BENEFIT OF FIRST-CLASS DEVELOPMENTS, LIKE I SAID, 40 SHOP VISITORS WOULD BUILD, NEVER BUILD ASPHALT SO I'VE NEVER BUILD ON SOIL LIKE THIS.

TO MOVE FORWARD AND I'M NOT PRETEND TO KNOW ANY OF THE NUMBERS, BUT THE IDEA OF THE WHOLE LIKE SHOOTING THE WATERWAY DOWN VERSUS NOT, SEEMS LIKE EVEN CONCRETE BUSTING IT LATER AND CUTTING IT OUT AND REPAIRING WHICH SHE CHEAPER THAN HAVING TO SHOOT ALL THAT WATER EVERYWHERE. -- YOU HAVE TO WATER INJECTED FOR FULL CONCRETE. YOU CAN GO ZAFAR'S ESSAY, UNDER THE WATER INJECTED, THAT GIVES ME A BETTER CHANCE OF THE CONCRETE, OR I GOTTA JUST SHOOT THAT DICE AND BILL THE CONCRETE WITH WATER INGESTION, AND THE WATER INJECTING IS LIKE A DOLLAR 75 CENTS A SQUARE FOOT. AND ON 71 ACRES, THAT'S A LOT OF SQUARE FOOT. SO IT STARTS TO -- ON THE MAIN DRIVE COME ON THIS, YES, WE ALL DON'T WANT THAT CONCRETE BUSTING, THINGS FOR THIS CAN BE BY THAT. BUT I WOULD BE OPEN TO AN AMENDMENT THIS IS IT HAS TO BE ALL CONCRETE, THAT JUST GIVES ME AN OPPORTUNITY TO CHALLENGE MY

TEAM. >> I HAVE A LIST OF QUESTIONS.

JUST RUN DOWN THE LIST. >> SOME FOR STAFF SOME FOR YOU. I WILL START OFF WITH THE PACKET WAS PRETTY CONSISTENT,

[02:15:08]

WE HAVE COMPLETED. >> THERE WAS SOME GIVE-AND-TAKE WITH THE SIGNAGE SECTION, AND YOU ARE CORRECT, THAT IS ONE THING THAT WE TYPICALLY ALLOW JUST PURR THE ORDINANCE STRAIGHT OF IT'S MORE OF A WAYFINDING QUESTION, SO IF YOU HAVE A SITE VIEW FROM AN ADJACENT ROAD, AND THEY ARE LOOKING FOR SPECIFIC RETAIL, THEN THAT HELPS THEM TO FIND THAT SPECIFIC RETAIL STORE SO, STAFF SUPPORTS THAT.

IT IS SOMETHING THAT YOU KNOW, YOU GUYS LET US KNOW IF THAT IS SOMETHING THAT YOU'RE NOT COMFORTABLE WITH. WE ARE TALKING ABOUT THE SIGNAGE ON THE BUILDING.

>> I JUST WANT TO BE SURE. >> YES. I PERSONALLY DON'T HAVE AN ISSUE, BUT I NOTICED THAT IT WAS MORE THAN TYPICAL, AND I WAS TRYING TO FIGURE OUT HOW WE GOT THERE, BUT IT IS A GREAT

SENSE OF DEVELOPMENT. >> IT'S ALSO PRETTY CONSISTENT WITH THE PREVIOUS PD THAT WAS APPROVED. SO IT WAS A LITTLE BIT TRICKY, YOU KNOW, LOOKING AT IT BASED ON WHAT THEY ARTIE HAD APPROVED. SO, THERE'S KIND OF THE THREE-STEP PROCESS WITH

THAT. >> I WANT TO TALK ABOUT DIGITAL SIGNS BECAUSE IT'S IN THERE. IT'S A DIGITAL SIGN PART OF THIS ORDINANCE MATCH WHAT ARE CITYWIDE DIGITAL SIGN

ORDINANCES? >> ORIGINALLY THEY HAD ASKED FOR DIGITAL ON THE PYLONS. SO, THEY DO -- THEY ARE ALLOWED A LITTLE BIT ON THE MONUMENT, SO THAT AS PER CITYWIDE.

>> AND I HAVE NO INTENTION OF DOING DIGITAL SIGNS.

>> THE PYLONS -- THE PYLONS ARE GOING TO BE INTERNALLY LIGHTED BUT, IT'S NOT TO BE DIGITAL.

>> SURE NO INTENTION OF DOING IT. THIS IS ANOTHER LUMINOUS PD. AND THAT WAS JUST A VESTIGE OF YOU WILL OF WHAT WE'VE GOT HERE. SO MY LAST ONE, I WILL HAVE TO DEAL WITH ON SITE. IF THEY INCREASE THE PARKING UP TO 70% OF 10 FOOT STALL SPACES, DEATH THEN THE MINIMUM PARKING STANDARD GET MET ? BECAUSE I THINK THAT TAKES US TO THE MINIMUM, SO IN THE PD, AS PART OF OUR PD, WE HAVE ASKED FOR ONE PARKING SPACE FOR 325 SQUARE FEET THAT PUTS THEM AT ABOUT 325 SPACES PER THE PROPOSED CODE IN THIS PD. TAKING IT TO 10 FOOT SPACES, OR 70%, ALLOWS ABOUT 345, SO WE WOULD MEET REQUIREMENTS AS ASKED FOR IN THIS PREDICAMENT STILL BE ABLE TO OFFER MORE 10 FOOT WIDE SPOTS.

>> SO THIS IS WHERE MY NEXT QUESTION IS GOING TO COME TO HAD, PER THE 10 FOOT SPACES, HAVING COUNTED OUT, BUT I DON'T THINK YOU CAN ACTUALLY MEET IT WHEN YOU START LAYING IN THE SEASONAL OUTDOOR SALES THAT ARE TO TAKE UP THOSE PARKING

SPACES. >> THAT IS A FAIR QUESTION.

AND TO BE HONEST, THE SEASONAL, SOME OF THOSE WILL BE THERE, AND SOME NOT. IF ON A STRICT INTERPRETATION WHEN YOU HAVE STUFF IN A PARKING LOT, SOMETIMES THOSE SPACES ARE AVAILABLE, SOMETIMES THEY ARE NOT. WHAT WE WOULD IDEALLY LIKE TO DO IS , IF THAT WERE THE CASE, WE WOULD ASK TO POTENTIALLY LOWER THE AMOUNT OF PARKING REQUIRED BY THE CITY, BECAUSE, I THINK LOWE'S FAILS THOSE SPOTS WILL STILL BE THERE MOST, OR SOMETIMES TO AFFECT THE SEASONAL PARKING, THE SEASONAL AREAS IS ONLY FROM MARCH 1ST THROUGH AUGUST 1ST

IT'S LABELED THERE. >> AND THIS IS MY LAST QUESTION, IT HAS TO DO WITH OUTSIDE SALES . I KNOW YOU -- IS A DIFFERENT SLIDE HERE, PROBABLY FOR EXAMPLE, THERE'S A SECTION OVER HERE WHERE THEY TALKED ABOUT PUTTING IN THE

[02:20:04]

>> SO YOUR LANDSCAPING FOR MAIN IS ALL UP HERE.

>> YES, THE LANDSCAPING, DOUBLE ROWS OF TREES THAT WE PUT HERE, SO MAINSTREET IS HIGH. IT GOES DOWN, AND THEN YOU'VE GOT THE LANDSCAPING THERE, AND DIDN'T WE'VE GOT A RETAINING WALL THAT STARTS ABOUT ONE FOOT RIGHT THERE, AND EVENTUALLY GOES UP TO 20 FEET RIGHT THERE.

>> AND ASSISTS BELOW -- AND LOWE'S SITS BELOW THAT. AND WHAT I'LL TRY TO DO IS GO BACK TO THE LANDSCAPE PLAN, ANSWER, THIS IS THE DOUBLE ROW OF TREES, AND WE PLAN IMPLANTED, BECAUSE YOU'RE SETTING ALL THAT STUFF ON TOP OF THAT GRASS SECTION THERE. YES, THAT IS HIGHER THAN LOWE'S. YOU'VE GOT MAINSTREET, THEN YOU'VE GOT THE LANDSCAPING AREAS SLOPING DOWN A COUPLE ROWS OF TREES, AND THEN THERE'S A RETAINING WALL -- I THINK YEAR MISUNDERSTOOD, YOU ARE SETTING THE STORAGE SHEDS -- NO. THEY ARE GOING BELOW.

>> THE LOWEST POINT OF THE PARKING LOT. YOU'VE GOT MAINSTREET, YOU GOT A SLOPE AREA WITH TREES, THEN YOU'VE GOT A RETAINING WALL THAT AND AT THAT POINT RIGHT THERE IS 3 TO 6 FEET. AND THEN, YOU'VE GOT A FLAT AREA BELOW THAT, THAT IS WHAT THE STORAGE UNITS WOULD GO SO, YOU WOULD NOT SEE

IT. SO -- >> SPEAKERS ] MAINSTREET IS HERE. STARTING HERE AT ABOUT -- THIS IS HIGH, THIS IS GETTING LOWER, THIS WALL MAKES THIS AREA EVEN LOWER, AND MY, YOU CAN FEEL FREE TO HELP ME HERE, TOO. AND SINCE YOU DESIGNED THIS. AND THEN YOU HAVE THE

STORAGE UNITS RIGHT THERE. >> MY FEARS WHAT COUNCILMAN HART IS FROM THE ROW. AND STARING AT THAT SINCE I GOT THERE THIS AFTERNOON. WHY WOULD WE NOT TAKE THESE PARKING SPACES YOU HAVE OVER HERE BUT THEM OVER HERE, IS TAKE YOUR STORAGE SHEDS AND BRING THEM OVER HERE AND COMPLETELY

HIDEAWAY THE MAIN ROAD? >> IF I MAY WHAT JOHN WAS TRYING TO DESCRIBE, MAYBE I CAN DO BETTER, MAYBE I CAN, WHAT WE TRY TO DO WITH THE DOUBLE ROW TREES, IT'S ON A SLOPE. A PRETTY SIGNIFICANT SLOPE, SO THE TREES WERE PROPOSED AT LEAST -- I DON'T HAVE THE SPECIES COMPLETELY NAILED DOWN BUT EASTER WOOD CEDAR, YOUR BLINDSIDE WOULD BE BLOCKED AT SEVERAL LEVELS. YOU WILL HAVE THE TREE HIGHER ON THE SLOPE, TREE DOWN, AND MAYBE STAGGERED ESSENTIALLY YOU HAVE A BRACKETED UP AGAINST A RETAINING WALL WHICH JOHN SAID VARIES. I DON'T KNOW, I BELIEVE IS A LITTLE TALLER IT'S NOT TOTALLY TO THE TOP OF THE SHEDS. SO YOU'VE GOT THREE THINGS. COULD YOU IF YOU'RE REALLY LOOKING FOR THEM COULD YOU FIND THEM, BUT IF YOU'RE DRIVING BY, YOUR NECK AND SEE THEM. YOU CAN SEE THE CITIES DOUBLE TREES YOU CAN SEE THE

LOWE'S? >> I WOULD GO SO FAR AS TO SAY YOU'RE NOT CAN YOU SEE SO MUCH OF LOWE'S OFF OF MAIN STREET EITHER. THE INTENT IS THAT YOU SEE THE FRONT, YOU WILL SEE IT AS HER DRIVING UP. YOU'LL SAVE FOR MAINSTREET, BUT THE INTENT WAS NOT TO SEE THE LOWE'S AS YOUR EXITING MAINSTREET AND

HEADING TOWARDS THE SEVEN. >> OTHERS TREES WRITTEN INTO

THAT? >> HAVE A QUESTION ABOUT

PARKING. >> I'M NOT A SURETY UNDERSTANDING WHAT'S BEEN SAYING 70% OF 10 FOOT WIDE PARKING IS PROPOSED BY CITY ORDINANCE. WE WERE TALKING

[02:25:03]

SUBSEQUENT TO THAT, KNOWING THAT 10 FOOT PARKING SPACES WERE IMPORTANT, WE HAVE ASKED LOWE'S , AND THEY HAVE AGREED TO POTENTIALLY GO UP TO THE 70, THAT WOULD PUT US -- I WOULD ALMOST MAKE THAT 65% REQUEST LONG GONE .

>> SO YOU ARE DESTINED FOR 65. >> WHERE INCREASING UP MORE.

AS OF TODAY. >> TO 70, 270. YES. ACROSS

THE BOARD. >> BUT THAT'S NOT CURRENTLY -- NO. OUR ASKING TO MAKE AN AMENDMENT IN FAVOR OF THAT

FOR THE BENEFIT OF THE COUNCIL. >> MR. WEBER, THANK YOU FOR

PUTTING UP WITH US. >> EVERYBODY KNOWS I'M NOT A HUGE FAN OF DEVELOPMENT IN THIS TOWN, BUT I'VE DEALT WITH YOU A LOT COMING REALLY HAVE WORKED TO WORK WITH US. AND I APPRECIATE YOU, SIR. THE ONE ISSUE -- MY MAIN ISSUE WITH THIS ENTIRE THING ASIDE FROM JUST THE FACT THAT WERE GROWING THIS TOWN EVEN MORE IS LIKE, WHAT IS THE AGE OF THAT PIPELINE, HOW OLD IS THAT PIPE IN THE GROUND, BECAUSE I KNOW A LOT OF THE PIPES AND PIPELINES RUNNING THROUGH THIS TOWN ARE 50, 60, 70 YEARS OLD. AND, IT'S NOT THAT OLD, REMEMBER WHEN I WAS KID, THEY BUILT IT WHEN I WAS 10 OR 12. SO IT'S PROBABLY 30 YEARS OLD.

>> SAYS THE GUY WITH THE WHITE HAIR.

>> I WOULD BE LYING TO YOU HERE TODAY TO TELL YOU THAT I KNOW THAT. IF WE HAD TO GUESS, THAT'S NOT THE LOOK I WAS LOOKING FOR MIKE.'S MOMENTUM TO TELL YOU THAT I WOULD HAVE TO SAY, THAT'S 30 TO 40 YEARS OLD, AND IN PLACE TODAY. BUT, THAT IS WHY WE ARE ADDING TO IT. AND EVERY TIME WE CROSS IT, WE ARE RE-ENCAPSULATING IT, AND THAT IS THE $65,000 PER CROSSING. AND I MEAN, THEY SENT OUT A PERSON , THAT PERSON STANDS THERE, I CAN'T DIG THERE. I CAN'T DO ANYTHING AND THAT'S WHY IT'S A 50 FOOT WIDE DEAL, THAT'S WHY I COULD HAVE NO LESS THAN 3 FEET OF MATERIAL OVER IT, AND I CAN HAVE NO MORE THAN SEVEN. IS THERE ANY MONITORING, MONITORING PUT IN PLACE? THERE'S NOT. I WOULD TELL YOU THIS IS AN EXTREMELY LONG PIPELINE. ARE IRONICALLY 18 YEARS AGO, AND THAT PIPELINE GOES RIGHT IN FRONT OF THE MARSHALS THAT WE BILL. IT'S THE SAME PIPELINE, THIS LINE YOU CAN FOLLOW IT ON A MAP, IT GOES FROM HERE ALL THE WAY TO NORTHWEST FOR WORSE.

SO IT'S A -- EVENT, WITH DEALT WITH THEM EXTENSIVELY TO GET THIS FAR, I BELIEVE IT'S ACTUALLY ENERGY TRANSFERS -- WERE MONITORING, ARGUING GUYS INSTALLING WITH THIS ANY TYPE OF MONITORING OR SAFETY OR LEAK DETECTION IN THE EVENT THAT YOU KNOW, ONE OF THESE CROSSINGS ISN'T ENGINEERED AS WELL AS WE THINK IT IS. ESPECIALLY WITH THE SOIL CONSIDERATIONS? NO. THE ANSWER IS NO. BUT THAT'S THE MAIN REASON WE ARE ONLY ALLOWED TO CHRONIC AND NOT ABLE TO PAVE ACROSS IT . BASICALLY, THEY MONITOR THIS ON A REGULAR BASIS BY -- AND I'M SAYING THIS LIKE I KNOW, 99% SURE, THIS IS HOW THEY DO IT. THEY WILL FLY TO THIS AND MONITOR THIS, THEY WILL NOTICE IF THERE'S ANY GRASSES DYING OR ANYTHING THAT'S DYING, AND THAT'S WHY THEY WANT THE GRASS TO ALLOW FOR, IF WE WERE PAVING OVER, YES THEY WOULD REQUIRE THAT KIND OF MONITORING YOU ARE TALKING ABOUT.

>> BUT WE ARE PAVING OVER THE CROSSING SPIRITUAL BACK YES,

[02:30:04]

>> YEAH, IT TROUBLES ME THE PROXIMITY TO THE BUILDINGS, AND YOU KNOW, THE FACT THAT WE HAVE SO MANY CROSSINGS ON IT IN THIS TYPE OF SOIL. NOW THIS WAS A MORE STABLE FLOOR IT WOULDN'T GIVE ME AS MUCH HEARTBURN AS IT DOES, AND IN THIS VERY LOOSE CLAY. SO, WE'LL SEND THIS PLAN TO THEM, THEIR TEAM IS LOOKED AT IT AND APPROVED IT. AND, IT ALLOWED US TO GO TO THE NEXT STEP WHICH IS SUBMIT ACTUAL CIVIL PLANTS TO THEM FOR THE ACTUAL CROSSINGS, AND THE WRAPPING

MATERIAL. >> SO THOSE PLANTS HAVE BEEN SUBMITTED TO THEM. THEY HAVE RULED ON THOSE PLANS, YES, THEY HAVE, THEY HAVE SET -- CONCEPTUALLY, WE'VE DONE SOME FINAL CONSTRUCTION DOCUMENTS, BUT THEY HAVE AGREED TO THEM

CONCEPTUALLY. ABSOLUTELY. >> I NEED FORMAL APPROVAL FROM THEM, BUT THAT WOULD BE THE FINAL ENGINEERING DRAWINGS.

>> THE AMOUNT OF HOOPS THAT THEY HAD TO GO THROUGH ARE UNBELIEVABLE. THERE PUMPING STUFF THROUGH THIS , THEY HAVE TO ENSURE , AND I CAN TELL YOU YES, IN MY DEALING WITH THIS, THEY ARE COMPLIANT ALL THE TIME. SOONER OVERLAPPING SPEAKERS ] HAVE COSTED A NUMBER TIMES, THAT WHEN OUT TO CLOSE 18 INCHES DEEP IN SPOTS. I'M HAPPY WITH IT. WHAT WITH THEM STANDING THERE.

>> SO, WHEN YOU DO THIS, THEY ARE ON-SITE. AND IT'S A MAJOR DEAL. SO, YEAH, THEY ARE AND APPROVE IT, THEY CAN MAKE THEM JUMP THROUGH A TROOP OF HOOPS TO GET THIS DONE. I WANT TO MAKE SURE THAT ALL OF OUR SAFETY CONCERNS ARE ADDRESSED WITH THIS PIPELINE. THE LAST THING I WANT TO DO IS TO APPROVE THIS AND HAVE YOU, WHAT WE'VE SEEN ON THE NEWS HAPPENED WITH PIPELINES. AS YOU CAN IMAGINE, DON'T WANT THAT EITHER. HIGH DENSITY SHOPPING AREA FULL OF PEOPLE.

SO THAT'S THE LAST THING I WANT TO SEE HAPPEN. SO THAT'S MY PRIMARY MARY CONCERNED. I HAD A COUPLE OF MINOR QUESTIONS.

YOU SAID THAT THEY ASKED YOU TO INCREASE THE HEIGHT OF THE SIGNS, REDUCE THE SIGN ON MAIN STREET, AND SINCE I WAS LOSING PANELS THROUGH THAT DECREASE, THERE WAS A TRADE MADE WHERE

WE INCREASED A SIGN ON 67. >> I SEE WHAT YOU'RE SAYING.

BASICALLY, IT WAS A CONCESSION THAT IF THEY ASK YOU TO REDUCE IT OVER THERE, THAT SPEAKERS ] IN A LESS VISIBLE AREA, AND IN A PERFECT, ARE SIGNED WOULD BE 25 35 FEET TALL AS OPPOSED TO 25, WE WANTED SEIFERT TO MAKE THAT AMENDMENT IN MY FAVOR.

HOWEVER, I LIVE WITH 25 IF THAT'S WHAT IT TAKES.

>> THEN THE OTHER THING WAS, THE CHICK-FIL-A PARKING WHAT PERCENTAGE DID YOU SAY WAS GOING TO NINE FOOT?

>> ALL OF IT? WE DON'T KNOW THAT EXACTLY RIGHT NOW, BECAUSE WE ARE STILL DESIGNING THAT SITE. RIGHT NOW, IT WOULD HAVE TO BE IF WE AGREE TO THE 70% OF IT WOULD HAVE TO BE 70% 10 FOOT, AND 30% NINE. THEY WOULD LIKE 100 SPACES. AND, GOING NINE FOOT WIDE HELPS US A LITTLE BIT.

>> I'M JUST SAYING THE AMOUNT OF PEOPLE IN MIDLOTHIAN TO DRIVE LARGE TRUCKS, HAVING THOSE, THAT'S NOT REASONABLE.

AND THAT IS WHAT WE PUSHED AS HARD TO GET AS MANY 10 FOOTERS AND ARE STILL EVEN MAKING HAVING DISCUSSIONS EVEN YESTERDAY AND TODAY TO GET MORE 10 FOOTERS IN THE LOWE'S, AND WORKING DOCUMENT IF YOU WILL.

>> I RECOMMEND THAT'S IT FOR MY QUESTIONS, I APPRECIATE YOUR

TIME. >> WHEN THIS IDEA WAS PITCHED TO THE COUNCIL, WE WERE TOLD IT WOULD BE FILLED WITH NOTHING BUT NATIONAL CHAINS, BUT THE ONLY THING I'VE HEARD IS NATIONAL CHAIN, NATIONAL CHAIN, NATIONAL CHAIN. WOULD YOU HAVE TO SAY ABOUT THAT. WE IN EARNEST HAVE NOT STARTED OUR FULL MARKETING, BUT IN TERMS OF I DO HAVE ONE LOCAL RETAILER THAT WE ARE TALKING TO A PERSON THAT I'VE SPOKEN TO,

[02:35:03]

DEVELOPMENT. >> UNDERSTAND THAT, BUT I'M NOT -- DON'T PRETEND NOT TO KNOW WHY THAT IS, BUT I DON'T WANT TO BE ANOTHER MAN'S FEEL, DON'T TO BE ARLINGTON, NO ONE BE FRISCO, THOSE CITIES HAVE FILLED THEIR CITY LIMITS WITH NATIONAL CHAINS THAT YOU SEE EVERYWHERE TOWARDS ALMOST A BLUR GOING BETWEEN ONE CITY AND ANOTHER, DON'T THINK THAT'S WHAT THE CITIZENS WANT, THAT'S NOT WHAT I WANT FOR THE CITY. I STRONGLY ENCOURAGE YOU TO REACH OUT AND COME UP WITH INNOVATIVE

SOLUTIONS TO BALANCE THAT. >> TO BALANCE THE NATIONAL CHAINS THAT YOU HAVE THERE. I'M NOT AGAINST ANY OF THE ONCE A DIMENSION CERTAINLY AT ALL. I TEND TO LIKE THE ONES THAT YOU'VE MENTIONED, BUT I THINK THERE'S A BALANCE THERE THAT NEEDS TO BE MET AND FILLING IT FULL OF EVERY BRAND THAT WE KNOW, DOESN'T SET US APART FROM ANY OTHER CITY, IT MAKES US APART OF EVERY OTHER CITY. THAT'S ABSOLUTELY NOT WHAT I HEAR FROM CONSTITUENTS THAT THEY WANTED THE CITY.

>> I GO BACK TO MY THOUGHT ON THE THE TEMPORARY BUILDING, AND BE HAPPY TO VISIT MORE WITH THE TO TRY TO ADDRESS

THOSE CONCERNS. >>

>> I'M SURPRISED THIS HASN'T COME UP YET, BUT I REALLY LIKE THE FACADE AND RENDERINGS THAT YOU PUT TOGETHER, AND I KNOW YOU ALL CHANGED IT SEVERAL TIMES IN DEALING WITH US, SO THANK YOU FOR THAT. I LIKE THEM. THE ONLY ONE I NEED SOME HELP UNDERSTANDING IS THE LOWE'S BUILDING. I HEAR YOU SAYING IT'S NOT A PROTOTYPE. I UNDERSTAND, IT'S NOT IN THERE, AND I'M LOOKING AND READING AT ALL, IT LOOKS LIKE IT'S A LARGE AMOUNT OF BRICK, IS THAT RIGHT? WHICH IS OBVIOUSLY BETTER, AND THE OTHER -- I'VE LOOKED AT 1 MILLION PICTURES OF OTHER LOWS, AND IT'S LIKE THAT, AND DON'T GET ME TO COMMENT ON WHAT THAT IS, STUCCO PAINTED SERVICE. THAT'S NOT WHAT I WOULD'VE COME UP WITH. BUT IT SEEMS LIKE THE BRICK IS BETTER, BUT I ALSO JUST SEE LIKE A WHOLE BUNCH OF BROWN . I NEED A LITTLE BIT OF HELP UNDERSTANDING MAYBE WHY IT'S CONSIDERED SUPERIOR THAN THIS PROTOTYPE, AND IT MAY JUST BE I'M LOST IN THE PICTURE, AND I DON'T UNDERSTAND -- THANKFULLY, WE HAVE THE LOWE'S ARCHITECT RIGHT HERE.

>> I DON'T TO BE INSULTING, BUT I'M NOT AN EXPERT IN THIS, SO YOU CAN HELP ME UNDERSTAND, DEPRECIATED.

>> I'M TRITT FARRELL, BY THE WAY. I'M FROM KNOXVILLE

TENNESSEE. >> WHAT WE ARE LOOKING AT HERE, IS THESE AREAS HERE ON EITHER SIDE OF THE ENTRY ARE BRICK. THEN ALSO AROUND THE EXIT AROUND THERE, ALL THESE PIE LAST IS COMING UP ARE BRICK ALSO. THIS AREA BACK IN HERE IS SPLIT FACED LOCK THAT IS PAINTED TO MATCH THE BRICK.

IT APPEARS AS THE BRICK, AND IF YOU WANT TO SEE ONE I DID A

[02:40:17]

BRICK WITHOUT BEING BRICK. >> SO DIFFERENT ENOUGH SO YOU CAN TELL THAT DIFFERENCE BUT COMPLEMENTING EACH OTHER?

>> OKAY, IT REALLY THIS STYLE. I ACTUALLY LIKE THE PRESENTATION, BUT THE ONLY THING, I CAN'T EXPLAIN IT, AND I WISH I COULD, I FEEL LIKE SOMETHING IS MISSING THAT WOULD MAKE IT POP. YOU CAN HAVE TO THINK THAT THIS IS GOING TO HAVE TO ACTUALLY BE INAUDIBLE - MUFFLED ]

SPEAKERS ] >> ON THE FAR LEFT INCOME IS

[02:45:55]

THAT THE LUMBAR AREA? >> YES, USED TO SAY INDOOR LUMBERYARD , THE RENTAL IS RIGHT NEXT DOOR -- WILL LUMBER BE OFFERED IN THE STORE? TYPICALLY CONTRACTORS -- IT'S HARD FOR ME TO TELL, BUT IS THAT GRAY STRUCTURE THERE AT THE LUMBAR AREA A AWNING TYPE PULLEY AND FOR TRUCKS TO BE LOADED OUT? THIS AREA RIGHT HERE. YOU SEE WHERE THAT COMES UP, GOES OUT ABOUT I THINK IT GOES OUT THREE OR 4 FEET. AND WHAT WE HAVE ADDED UNDER HERE IS ACTUALLY PULLING PARKING

FOR THE CONTRACTORS. >> SO IT IS OPEN IN THE FRONT.

>> OKAY, THEY CAN PULL STRAIGHT THROUGH. AND THAT IS ANOTHER THING. SO MR. WEBER COME HELP ME UNDERSTAND IN THIS PICTURE, OR PRESENTATION, THERE'S NOTHING ON THE FRONT, SO IT HAS A MORE PLAIN LOOK AT IT WILL HAVE WHEN THE BUSINESS IS ONGOING, REMIND ME WHAT IS THE ALLOWANCE FOR OUTFRONT DISPLAY , ACTIVE TO, INCLUDE?

>> THIS AREA RIGHT HERE THE LAWNMOWERS, THERE OTHER SPRINKLERS BUT THIS AREA EXIST UNDER THE CANOPY IN THE BACK IS CONCRETE. IT'S EASIER TO MOVE YOUR TRUCK OR CAR FROM

THERE. >> DO YOU MIND STEPPING UP TO

THE MIKE, THANK YOU. >> I'M SORRY.

>> I THOUGHT I WAS TALKING LOUD ENOUGH TO CARRY EVERYONE.

>> WELL, THERE ARE PEOPLE WATCHING ONLINE.

>> RIGHT THERE. THEY HAVE THE TYPICAL LAWNMOWERS, GRILLS,

DINGS LIKE THAT. >> COUNSEL FOR THE SAKE OF TIME, WOULD PROBABLY BETTER GET THIS MOVING ALONG AND HAVE THE DISCUSSION, WANT TO ENSURE THAT EVERYBODY HAS GOTTEN ALL THEIR QUESTIONS ANSWERED, I DID WANT TO MAKE A QUICK STATEMENT BEFORE WE MOVE ONTO THE NEXT PHASE AND THAT IS THAT LOOKING AT THIS OTHER STORE, KIND OF REALLY LIKE THE WHITE TRIM ACROSS THE TOP. THAT'S A LITTLE SMALL DETAIL, WE ARE STILL OPEN TO THAT, BUT I FEEL NOW WITH THIS, THIS ARCHITECTURE, HINDSIGHT IS ALWAYS 2020. AND I LOOKED A LITTLE BIT MORE THAT STORE IN CONCORD, AND THAT DOES REALLY

MAKE IT POP. >> THE OTHER QUESTION I HAD FOR STAFF, IF YOU DON'T MIND REFRESHING MY MEMORY ON WHAT I WRITE CAN GO IN THIS. WHAT IS THE PD HOLDER SITE FOR, IF I

[02:50:06]

EAST. >>

>> SO THIS IS AT THE EXISTING, ALLOWED BY RIGHTIST HOTELS, SPORT COMPLEXES, AND I GUESS THAT'S IT HOSPITAL .

>> WILL, WHAT WAS PITCHED BEFORE WAS APARTMENTS IN THE BACK TO FACILITATE THE PREVIOUS OWNER, THE APARTMENTS, THIS IS STILL ZONED FOR -- THAT'S FOR MY MEMORY. OKAY, COUNSEL, FINAL QUESTIONS OR THOUGHTS, STAFF? I'D LIKE TO GET THE

BALL ROLLING HERE, >> ONE LAST THING. I WAS STANDING BACK THERE DURING THE PARKING DISCUSSION. I WAS ACTUALLY INVOLVED IN THE TRANSPORTATION STUDY OR STUDY OF THE LOWE'S GETTING A PARKING NUMBER. IT WAS ACTUALLY TAKEN , AS BASICALLY ONE OF THE BUSIEST DOORS IN THE COUNTRY, MOUNT PLEASANT, SOUTH CAROLINA, AND THAT NUMBER THAT THEY ARE ACTUALLY USING 350, IT'S ACTUALLY WITH A 10% OF VECTOR SAFETY ATTITUDE, THEY GO OUT ON COUNT ON THE BUSIEST DAYS OF THE YEAR TO GET THE NUMBER PARKING PLACES THAT WAS

USED. >> I JUST WANT TO THROW THAT

IN. >> SO THAT SHOULD BE SUFFICIENT. SO IT HAS BEEN PROFESSIONALLY DONE.

>> MY LAST QUESTION. >> WHAT IS DEFINED AS SEASONAL SALES? I MEAN, IS IT THE MULCH? WILL, IS IN THE PD, SO I'M JUST CONFUSED AS YOU YOU COULD SAY ANYTHING AS SEASONAL? THE SEASONAL SALES IS ACTUALLY MORE DISPLAY OF SEASONAL PLANTINGS THAT COME IN, THAT ARE IN THE EARLY SPRING, AND VERS ALONG THAT LINE OF DISPLAY, BECAUSE THEY END UP HAVING A LOT MORE GREENERY IN THE NURSERIES AND THERE WILL BE SOME BAGS THERE FOR THE MULCH, PEAT MOSS, THINGS ALONG THAT LINE. BUT IT WOULD BE ON A TEMPORARY BASIS, VERY HEAVY TIME OF THE SEASON, AND ALSO, MAKE IT EASIER FOR THE CUSTOMERS TO BE ABLE TO LOAD THEIR STUFF EASIER INTO THE

CAR. >> I JUST WANT TO MAKE SURE WHEN YOU SAID MULCH, THE LOWE'S AND HOME DEPOT IN WAXAHACHIE, I ABSOLUTELY HATE, YOU GO TO THE PARKING LOT, AND IT'S JUST TERRIBLE. SO I DON'T WANT THAT HERE. AND SPEND ACTUALLY THOSE TWO STORES WERE BROUGHT UP BY A COUPLE CITIZENS TO ME AS REFERENCES , AND SO WHEN WE SAY SEASONAL, WANT TO MAKE SURE THAT WERE NOT TO HAVE THOSE PALLETS AND MULCH OUT THERE YEAR-ROUND, WHATEVER IT IS, YOU CAN CALL IT GRILL SEASON I GUESS, SUMMER MONTHS, WHATEVER THOSE ITEMS ARE, I WANT TO MAKE SURE THEY ARE DEFINED WHERE THERE'S NO CONFUSION, AND ACTUALLY PULLED OUT AT THE END OF -- THAT'S WHY WHEN ASKED FOR CLARIFICATION QUESTION, I DON'T WANTED TO BE A YEAR-ROUND OUT THERE, BECAUSE THAT'S MY

CONCERN. >> OKAY. I MEAN, IT'S THE MAIN GARDENING SEASON, EVERY WINNER AND ALONG THAT LINE. EUNUCH PEOPLE ARE FIXING THEIR YARDS AND JUST MAKING IT EASIER FOR THEM AT THAT TIME THE MATERIALS THAT THEY NEED, BUT IT WOULD BE THAT SHORT PERIOD OF TIME. IN ORDER TO MOVE US TO A FINAL DECISION, THINK WE NEED TO GET ON THE SAME PAGE ABOUT THE SIGNAGE. BECAUSE PNC RECOMMENDED SOMETHING DIFFERENT. MY ONLY QUESTION THERE IS -- I KNOW THERE'S A BALANCE BETWEEN NOT WANTING TO DRIVE AND BE LIKE WELCOME TO OUR SIGNS, BUT ALSO CAN YOU SEE AND HAS ANYONE STUDIED THE HEIGHTS OF WHAT YOU CAN SEE FROM THE HIGHWAY COMING IN, AND WHAT DOES IT NEED TO BE VERSUS --

>> AT ABOUT THIS POINT RIGHT HERE OBVIOUSLY THAT IS YOUR HIGHEST POINT OF THE FREEWAY. AND THAT IS ORIGINALLY WHY WE ENDED UP WITH THE TALL ASSIGNED THERE.

>> FOR EXACTLY THAT POINT, AND THE LOWEST POINT OF THE

DEVELOPMENT. >> HERE, CISA SEVEN IS SOMEWHAT ELEVATED, BUT LOWER THAN RIGHT HERE, AND THEN AT THIS POINT RIGHT HERE THIS ROAD IS PRETTY HIGH. SO I WOULD MAKE THE ARGUMENT THAT NO DISRESPECT TO PNC, THAT THE

[02:55:05]

>> BECAUSE THE DIFFERENCE BETWEEN THE HEIGHT OF THE DEVELOPMENT AND THE HIGHWAY IS, AND THE HIGHEST POINT HERE, THE EMOTIONAL POINT THERE. THAT IS WHERE A TALLER SIGN WAS ANTICIPATED, AND THEN LOWER SIGNS THEN THIS ONE GOING HERE, AND HERE, AND OBVIOUSLY WE ALWAYS ANTICIPATED THIS TO BE A LOWER SIGN OF 25 FOOT, BECAUSE -- DO YOU FIND THAT IS YOUR CONCERN THAT IS TRAFFIC TRAVELING SOUTHBOUND, THAT THEY HAVE THE SAME AUNT YOU NEED TO SECEDE THIS MIND WHICH ON THE SOUTH SIDE, AND WE CERTAINLY THINK THE SIDE WOULD GO AHEAD AND PROPOSE IN HEIGHT WITH BE A MAIN SIGN IF YOU WILL , THE ORIGINAL THINKING WAS THAT THAT WOULD FALL UPON THIS ON THE ENTRYWAY, AND I CAN SEE BOTH WAYS. SOMEONE SAYS WE DON'T WANT A BIG PYLON SIGN ON MAIN STREET, THAT'S WHY AGREED TO THE 25 FOOT.

>> DO WE KNOW THE HEIGHT OF THE PYLON SIGN ACROSS THE

STREET? >> IN FRONT OF THE BANK?

>> IT IS 40 FEET BY THE WALGREENS.

>> WE HAD A HUGE DEBATE . >> YEAH, THEN WE ALSO JUST APPROVED FOR THE HOTEL, THAT WAS 40 FEET, AS WELL.

>> NO, IT'S NOT. >> I THOUGHT 25 WAS OUR

STANDARD. >> OKAY, I WAS JUST SAYING WHAT WE HAD APPROVED, BUT YOU ARE CORRECT.

>> I DO KNOW THE ONE ABOUT WALGREENS, IT WAS ORIGINALLY PROPOSED AT 25, FOR SOME REASON IT WENT TO 40. THE LOCA TOPOGRAPHY, PERSONALLY I DON'T KNOW OUR ISSUE WITH OUR SIGN AND REQUESTING IT. BUT I THINK THE TOPOGRAPHY BEING WHAT IT IS THE SIGNS PRETTY MUCH BALANCE EACH OTHER OUT.

>> YOU MR. WEBER? CAN YOU REMIND ME HOW MANY OF THESE SIMILAR DEVELOPMENTS HAVE YOU DONE IN THE PAST? WE'VE DONE A LOT.

>> WHAT IF I STOP AND SENDERS IN THE NORTH TEXAS AREA, WHAT I'M TRYING TO DO HERE IS INDEED DIFFERENT, TO THE ARGUMENT ON COUNSEL, WILL HAVE SOME NATIONAL RESTAURANT AND THINGS LIKE THAT. I'M TRYING TO DO MORE OF MIXED USE HERE. AS YOU KNOW, I DID BUILD THE KROGER DEVELOPMENT, I'M NOT TRYING TO REPLICATE THAT. WE HAVEN'T DISCUSSED EMMA I'M TALKING TO MOVIE THEATERS FOR THE NORTH HALF AND I'M TALKING TO OTHER ENTERTAINMENT, BOTH CHILDREN'S ENTERTAINMENT, AND A TEAM FOR TEEN TO ADULT ENTERTAINMENT, AND IT IS HELPING TO DO A LOT OF DIFFERENT THINGS, SO WHILE I HAVE DEALT AND BUILT A LOT OF CHOPPERS IT IS IN THAT CATEGORY, AND LOOKING TO DO SOMETHING SLIGHTLY DIFFERENT HERE THAN A REPRESENTATIVE EXAMPLE OF WHAT I'VE BEEN DOING. VERIFY BUILT ENTERTAINMENT FOR US --

>> -- CLARIFY THAT, DAVE AND BUSTERS WOULD BE WHAT I WOULD CONSIDER INTO A CHILDREN'S EMPIRE, -- THAT DIDN'T COME OUT HIS WELCOME AND THANK YOU FOR CALLING ME ON THAT.

>> I ASSUME THAT USE WAS EXCLUDED. TRANSITIONING ]

[03:00:13]

>> I REALLY LIKE THIS DEVELOPMENT, IN TERMS OF QUALITY, I LIKE THE ELEVATIONS THAT WE'VE COME UPON. IN FACT, I'M -- I'M REAL EXCITED. I MEAN, I'VE MADE A COMMITMENT THAT I'LL DO A SIT-DOWN RESTAURANT HERE, AND I'M GOING TO SPEND THE NEXT TWO YEARS TRYING TO GET THE STEAK HOUSE OR SOMETHING GREAT, BUT I'LL BE HONEST, I LOVE THAT RETAIL BUILDING SO MUCH BECAUSE I DO LIKE THE ELEVATIONS THAT WE'VE GOT DESIGNED. I MEAN, THERE'S A PART OF ME THAT SAYS HAVING DONE THIS, HAVING THAT RETAIL BUILDING WITH THOSE COOL ELEVATIONS, WE'VE MUTUALLY KIND OF GOT TOGETHER ON -- OF COURSE, THEY NEVER SHOW UP WHEN YOU NEED THEM IMMEDIATELY. I LIKE THAT IN A RETAIL BUILDING. BUT AGAIN, I'M -- THE BEST PATHS GO TO USUALLY YOUR BEST RESTAURANTS, AND I'M TRYING TO GET THE ABSOLUTE BEST RESTAURANT WE CAN, AND THAT'S JUST A PERSONAL COMMITMENT BECAUSE I KNOW -- I'VE HEARD YOU LOUD AND CLEAR, WE WANT SIT-DOWN. AND THAT'S WHAT I'M TRYING TO PRESERVE THE BEST HARD CORNER PAD FOR A SIT-DOWN.

SO TO ANSWER, THESE ELEVATIONS ARE GREAT. I CAN TELL YOU BUILT A LOT OF LOWES, BUILT SOME HOME DEPOTS, THIS IS A QUALITY ONE, AND I'M EXCITED WITH THE LANDSCAPE PLAN AND OVERALL I'M EXCITED ON THIS DEAL. AND I THINK IT'S HIGH QUALITY.

>> SO WHAT, YOU KNOW, TO WHAT YOU MENTIONED ABOUT GETTING THE RIGHT TENANTS IN THESE BUILDINGS, WHAT IS, IN YOUR EXPERIENCE, THE BEST WAY TO MARKET TO THOSE QUALITY TENANTS AND TO GET THEM IN THOSE BUILDINGS, AND WHEN DOES THAT TYPICALLY OCCUR IN THAT TIMELINE?

>> IT'S DIFFERENT ON EVERY ONE. I THINK A LOT OF PEOPLE HAVE MISCONCEPTION THAT A DEVELOPER CONTROLS EVERYTHING. I'M NOTHING MORE THAN AN ORDER TAKER. I WORK HARD TO GET THE BEST TENANTS. WE HAVE BEGUN A MARKETING PROGRAM, BUT WE WILL BEGIN A NATIONAL MARKETING PROGRAM AND I'VE MENTIONED TO SOME OF YOU ALL, IF THERE IS A SPECIFIC TENANT, LOCAL OR NATIONAL, I WELCOME YOU TO CALL ME. WE WILL CALL WHOEVER THAT TENANT IS, THEIR REAL ESTATE MANAGER, THEIR BROKER, THE INDIVIDUAL, AND THEY SAY OR DON'T SAY. AND THROUGHOUT THE NEXT TWO, THREE-YEAR PROCESS, IF THERE IS SOMEBODY YOU WOULD LIKE IN THIS TOWN, I'LL CALL THAT PERSON. WE BEGIN A MARKETING PROGRAM THROUGH THE BROKERAGE COMMUNITY THROUGH OUR CONTACT, AND THEN, OBVIOUSLY, JUST SIMPLE SIGNAGE. WE RETURN ALL PHONE CALLS. I'VE HAD LOTS OF LOCAL TENANTS ALREADY, YOU KNOW, SPEAK TO ME AND BROKERS AND I'M IN ACTIVE CONVERSATIONS

WITH THEM. >> SO SOMETHING YOU MENTIONED THAT IS ONE OF MY CONCERNS, BECAUSE I'VE GOT SOME OF THE SAME FOCUSES THAT COUNCILMAN HARDSON MENTIONED. WE OBVIOUSLY WANT TO NOT JUST HAVE THOSE CHAINS, BUT WE WANT TO HAVE OPPORTUNITIES FOR MA AND PA BUSINESSES THAT, YOU KNOW, THAT FIT, AND OBVIOUSLY, CAN GET IN THERE WITH SOME OF THE SIGNAGE.

I KNOW YOU'VE MADE SOME PRETTY HEAVY -- I BELIEVE FROM THE BEGINNING -- SOME PRETTY HEAVY CONCESSIONS ON SOME OF YOUR SIGNAGE. AND SO I'M WONDERING DO YOU HAVE ANY CONCERNS THAT THERE'S NOT, YOU KNOW, THAT THERE'S NOT LARGE ENOUGH SIGNAGE TO ATTRACT ENOUGH ATTENTION TO VACANT BUILDINGS AT THE BEGINNING. I MEAN, IS THAT A CONCERN FOR YOU?

>> IT IS ALWAYS A CONCERN. EVEN ON THE KROGER SHOPPING CENTER WHERE ONE MIGHT DRIVE BY AND SAY YOU'VE GOT A LOT OF SIGNAGE THERE. I LITERALLY, I HAD TO CREATE WHAT A CALL A CLASS B MONUMENT SIGN OR PYLON SIGN PANEL. AND BASICALLY, I HAVE THE 60-DAY NOTICE, I CAN TAKE SOMEBODY'S PANEL OFF AND PUT A NEW ONE ON, JUST TO ACCOMMODATE ALL THE PEOPLE WHO WANT SIGNAGE. THERE'S A POINT WHERE YOU HAVE TOO MUCH SIGNAGE, BUT THERE'S A POINT WHERE YOU DON'T HAVE ENOUGH. WHERE I SIT FOR TODAY WITH THE 25-FOOTER ON THE HARD CORNER, YOU KNOW, I'M OF PROBABLY 10% LIGHT IS WHAT I WOULD SAY.

>> SO WHAT WAS THE ORIGINAL DESIGN FOR THAT SIGN?

>> IT WAS 25 AT NIC OLETTE AND MAIN.

[03:05:13]

>> YOU FEEL LIKE THAT TEN FOOT IS PRETTY --

>> YEAHT FUNNY, WHEN YOU PUT LIKE MAIN STREET TOWN CROSSING ON A PANEL, THAT TAKES UP SPACE. IF THAT'S A TWO-FOOT TALL, YOU KNOW, MAI N STREET TOWN CROSSING SIGN, YOU'VE TAKEN UP A LOT OF YOUR SIGNAGE. AND UNWITTINGLY, WE HAVE A SLIGHT ANGLE ON THE TOP. COMPLETELY MESSED THAT UP, BECAUSE YOU KNOW, IT'S TO THE TOP AT AN ANGLE. SO I MEAN, IF YOU LOOK AT THE BOTTOM AND YOU LOOK AT THE TOP, THERE'S PROBABLY TWO FEET OF DIFFERENCE THERE. IN A PERFECT WORLD I WOULD HAVE CAUGHT THAT, BUT I DIDN'T.

>> OKAY, I APPRECIATE THAT. THE OTHER QUESTION I HAD IS BACK TO THE -- WHAT YOU WERE TALKING ABOUT ON THE ASPHALT VERSUS THE CONCRETE. FROM EVERYTHING I UNDERSTOOD YOU TO SAY, AND I'M NOT GOING TO ASK YOU ANYMORE TO ANSWER THE QUESTIONS AGAIN, BUT IT SOUNDS LIKE -- AND YOU SAID IT, YOUR PREFERENCE IS CONCRETE, BUT I MEAN, IS -- WITH THAT REPORT AND THE FINDINGS OF THAT REPORT, IS THERE ANY BENEFIT TO YOU, I GUESS, AS A DEVELOPER TO DOING ONE OVER THE OTHER OUTSIDE OF A

NOMINAL COST DIFFERENCE? >> THE BENEFIT IS LONG-TERM MAINTENANCE AND REPAIRING CONCRETE -- REPAIRING ASPHALT OR CONCRETE IS EXPENSIVE IF IT HEAVES AND BREAKS. DOESN'T MATTER WHETHER IT'S CONCRETE OR ASPHALT. THEY'RE BOTH THE SAME.

THERE IS MORE STRENGTH IN ASPHALT. THEREFORE, THERE'S GOING TO BE LESS BREAKAGE. SO MY MAIN CONCERN IS LONG TERM, THREE YEARS, FIVE YEAR, 15 YEARS. THERE IS A BETTER CHANCE THAT THERE'LL BE LESS BREAKAGE WITH THAT. BUT AGAIN, I'M LOOKING TO START ON THIS PROJECT, AND I'M LOOKING TO GET LOWES GOING FORWARD. AND IF THE PUSH IS -- TIE MY HANDS AND FORCE ME TO DO CONCRETE, YOU KNOW, I'LL LIVE WITH IT. AND IF I'VE GOT A LEGITIMATE CONCERN, EVERYBODY I'VE MET WITH, WORKED WITH ALL OF YOUR STAFF MEMBERS HAVE BEEN WONDERFUL UP AND DOWN THE CHAIRS. IF THERE IS A LEGITIMATE CONCERN, I'M HAPPY TO COME BACK IN FRONT OF YOU AND -- WITH MORE INFORMATION.

IT'S -- YOU ONLY GET MORE INFORMATION WITH REAL SPECIFIC PLANS, AND YOU KNOW, YOU GET TO A POINT WHERE YOU'VE SPENT, LIKE I SAID, PROBABLY $600,000 ON PLANS TO DO THIS AND $250,000 TO GO. BUT AT SOME POINT YOU'VE GOT TO STOP SPENDING MONEY BECAUSE YOU'VE GOT TO KNOW IF YOU'VE GOT A DEAL THERE TO KEEP SPENDING MONEY ON. THAT'S WHERE I'M AT.

>> THAT'S MY LAST QUESTION. I'VE GOT SOME COMMENTS, BUT

WHENEVER -- >> WE'LL COME BACK IN A MOMENT.

ANNA. >> I'M READY FOR A MOTION

WHENEVER WE'RE -- >> FINAL QUESTIONS OF DEVELOPER OR THE APPLICANT OR STAFF? AND THEN HEARING NONE, LET'S TAKE COMMENTS AMONGST THE COUNCIL, AND THEN WE'LL MOVE TO A

MOTION. >> FOR ME, I DON'T SEE ANY ADDED VALUE TO THE CITY WITH THESE BUSINESSES. THESE BUSINESSES ARE ALL EITHER ALREADY IN THE CITY OR THEY'RE IN WAXAHACHIE. THEY'RE IN MANSFIELD. NOTHING WITH THIS DEVELOPMENT SETS US APART FROM THOSE CITIES. IF WE WANT TO BE THOSE CITY, SAY IT LOUD AND CLEAR. BUT WHAT I'VE HEARD FROM CONSTITUENTS IS THEY DON'T WANT TO BE THOSE CITIES.

>> OKAY, CLARK? >> WE'RE TO THE COMMENT?

>> YEAH. >> OKAY. I THINK, MR. WEBER, I'M GOING TO BE HONEST, I CAME INTO THE MEETING TONIGHT NOT WANTING TO LIKE THIS. I ACTUALLY HAD SEVERAL REASONS TO WHY I WANTED TO VOTE NO. YOU'VE ADDRESSED ALL OF THEM. SO I THINK AS FAR AS, YOU KNOW, QUALITY OF DEVELOPMENT, I DISAGREE WITH MR. HARTSON. I WOULD SAY FROM A QUALITY STANDPOINT, AN ARCHITECTURAL STANDPOINT IT LOOKS DIFFERENT FROM OTHER DEVELOPMENTS I KNOW. TO THE NATIONAL CHAINS ISSUE, WE'VE ALREADY TACKLED THAT ISSUE WITH THIS PROPERTY, COUNCIL REMEMBERS OR NOT, SO I DON'T THINK THAT'S GOING TO BE A CONCERN. SO I THINK YOU'VE DONE A GREAT JOB, MR. WEBER, AND I APPRECIATE ALL THAT YOU'VE DONE.

>> YEAH. I MEAN, I'VE GOT TO SAY, YOU'RE A GREAT PARTNER FOR THE CITY, MR. WEBER. YOU'VE REALLY WORKED HARD TO TAKE ON ALL THE FEEDBACK YOU RECEIVED AND INCORPORATE IT. AND I REALLY APPRECIATE THAT. I KNOW WE'VE ALREADY GIVEN INCENTIVES

[03:10:02]

>> THANK YOU. ALLEN, YOU MENTIONED YOU HAD SOME COMMENTS

I THINK. >> YEAH, SO FIRST OF ALL, I APPRECIATE Y'ALL'S FLUIDITY IN THIS PROCESS TO BE AMENABLE TO A LOT OF THE COMMENTS FROM THE COMMUNITY, FROM STAFF, FROM THE COUNCIL. I WAS JUST -- Y'ALL SPENT A LOT OF TIME THIS LAST WEEK DIGGING INTO ALL THIS INFORMATION, AND WHAT I'VE FOUND, YOU KNOW, BETWEEN TONIGHT AND ALL THE MEETINGS I'VE BEEN A PART OF FROM THE ORIGINAL CONCEPT AND WHAT MR. WEBER AND HIS TEAM WANTED TO DO HERE IN OUR COMMUNITY, THERE HAS BEEN CONCESSIONS ON SIGNAGE. THERE'S BEEN CONCESSIONS ON LANDSCAPING. THERE'S BEEN CONCESSIONS ON DRAINAGE. THERE'S BEEN CONCESSIONS ON PARKING. THERE'S BEEN CONCESSIONS ON OUTSIDE STORAGE. THERE'S BEEN CONCESSIONS ON ELEVATIONS. THERE'S BEEN CONCESSIONS ON FACADE. THERE'S BEEN CONCESSIONS ON DRIVE-THRUS.

THERE HAVE BEEN CONCESSIONS ON PICKUP WINDOWS. THERE'S BEEN CONCESSIONS ON THE DIRECTION THAT THE BUILDING FACES.

THERE'S BEEN CONCESSIONS ON THE OVERALL DESIGN, AND I'LL JUST -- WON'T GO ON, BUT THERE'S BEEN A LOT OF CONCESSIONS. YOU KNOW, I THINK AT SOME POINT, YOU KNOW, WHEN I LOOKED INTO THIS, ONE OF THE THINGS THAT I DUG INTO IS SOME OF THESE RETAILERS THAT HE'S ALREADY GOT CONTRACTS WITH -- OR MAYBE NOT CONTRACTS BUT HAS INTEREST FROM AND DIRECTION FROM, WHEN YOU LOOK AT THE AMOUNT OF RETAIL THAT COMES OUT OF THIS, THE REVENUE TO THE CITY IS -- IT'S NOT HUNDREDS OF DOLLAR, IT'S NOT THOUSAND, IT'S NOT TENS OF THOUSANDS, IT'S MILLIONS AND MILLIONS OF DOLLARS. TENS OF MILLIONS OF DOLLARS OVER THE NEXT, YOU KNOW, DECADE. AND SO, YOU KNOW, I KNOW THERE'S A LOT OF CONVERSATION WITH OUR COUNCIL AND WITH OUR COMMUNITY ABOUT LOWERING PROPERTY TAXES AND FINDING OTHER WAYS TO HAVE REVENUE IN THE CITY. AND I THINK AT SOME POINT WE HAVE TO MAKE A DECISION, DO WE WANT TO FUEL THESE OTHER FORMS OF REVENUE SO THAT WE CAN OFFSET THE BURDEN ON OUR ROOFTOPS, ON OUR RESIDENTS, OR DO WE WANT TO CONTINUE TO, YOU KNOW, JUST SEE ROOFTOPS AND CONTINUE TO LEAN ON THAT SIDE OF REVENUE. YOU KNOW, WHEN A DEVELOPER COMES HERE AND TYPICALLY -- I MEAN, THEY'RE ALWAYS MAKING CHANGES. THE AMOUNT OF FLEXIBILITY THAT MR. WEBER AND HIS TEAM HAVE HAD WITH OUR COUNCIL I THINK HAS BEEN ABOVE AND BEYOND ANYTHING ELSE WE COULD REALLY ASK HIM FOR. AND SO -- AND ASK THIS TEAM FOR -- AND SO, YOU KNOW, I LOOK AT THIS AS A WAY FOR THE LONG TERM OF THE CITY TO SEE A REDUCTION IN OUR BURDEN THAT'S BEING PLACED ON OUR PROPERTY TAXES AND A WAY TO CONTINUE TO FUEL THOSE OTHER AREAS OF REVENUE. AND SO FOR THAT REASON, I'M GOING TO SUPPORT

MR. WEBER AND HIS PROJECT. >> THANK YOU, ALLEN. FURTHER COMMENTS BEFORE WE MOVE TO ANNA'S MOTION? I BELIEVE YOU SAID YOU HAD A MOTION, ANNA, YES?

>> I WOULD JUST LIKE TO SAY, I THANK MR. WEBER FOR WORKING WITH US SO WELL. I KNOW THE FIRST RENDITIONS THAT WE LOOKED AT DID NOT RESEMBLE WHAT WE RECEIVED AT ALL. WE KIND OF THREW A CURVEBALL AT YOU. AND I THOUGHT YOU HAD A GREAT OFFERING IN YOUR ELEVATIONS AND YOUR STYLE. IT WOULD HAVE BEEN SOMETHING WE WOULD HAVE FOUND KIND OF MORE UP NORTH MAYBE.

NORTH DALLAS SIDE. AND WE PUSHED A LOT FOR -- I TELL YOU, IT'S FUNNY YOU MENTIONED I BELIEVE YOU SAID NASHVILLE, TENNESSEE. YES, SIR. KNOXVILLE, I APOLOGIZE. MY GRANDPARENTS ARE FROM -- I GREW UP GOING NORTH OF NASHVILLE, AND MY GRANDPARENT, I CAN REMEMBER DRIVING THROUGH AREAS AND SEEING -- BECAUSE THAT'S ONE THING THAT STUCK OUT TO ME ABOUT THIS IS THE WAY IT'S LOW AND IT'S A BOTTOM. AND I CAN THINK OF GOING THROUGH TENNESSEE AND SEEING THESE

[03:15:03]

THANK YOU FOR THAT. >> JUST WANT TO MAKE A QUICK CLARIFICATION IN SOME OF THE THINGS I HEARD. MR. WEBER, THERE YOU ARE, I LOST YOU. THE ORIGINAL -- BECAUSE I WANT TO MAKE SURE, I'M LOOKING AT SOMETHING ON THE SIGNAGE PLAN, AND I DON'T KNOW THAT IT'S MATCHING WHAT WE'D ALL SAID.

YOU WANTED A 40-FOOT SIGN AT WEST MAIN AND 67, THE PNZ

WANTED TO BRING THAT DOWN. >> YES, SIR.

>> YOU ORIGINALLY ASKED FOR 35-FOOT SIGNS ALONG THE

HIGHWAY. >> YES.

>> AND A 25-FOOT SIGN AT, INICOL NICOLETTE AND M AIN

STREET. >> THAT'S CORRECT.

>> 33 IS STILL A 40-FOOT SIGN. THAT IS AT MAIN STREET.

>> THE ONE IN THE POWERPOINT IS CORRECT. WE GOT IT LATER.

>> SO IT'S NOT WHAT'S IN HERE. >> THAT'S CORRECT.

>> THAT'S WHAT I WANTED TO MAKE SURE OF. BECAUSE THIS STILL HAS A 35-FOOT SIGN AT NICOLETTE. SO IF THE COUNCIL WANTS TO GO BACK TO THE ORIGINAL SIGN PLAN, WHICH WAS -- MAY NOT -- I DON'T WANT TO SPEAK FOR YOU ALL, THAT'S JUST WHAT I HEARD, ONE COMMENT, WE WOULD GO TO A 35 ALONG THE HIGHWAY AND THEN A 25 -- BUT WHAT'S IN THE, MARY, I WANT TO MAKE SURE, WHAT'S IN THE NEW DEAL, IS THAT WHAT PNZ RECOMMENDED?

>> THIS ONE IS SHOWING WHAT PNZ RECOMMENDED. WHAT'S IN THE ORDINANCE IS WHAT HE ORIGINALLY ASKED FOR. WE JUST GOT IT A

LITTLE LATE. >> ALL RIGHT, JUST WANTED -- SO THE ORDINANCE IS CORRECT WITH WHAT WAS THE ORIGINAL REQUEST

BY MR. WEBER. >> YES.

>> SO THE COUNCIL WANTS TO GIVE HIM WHAT HE ASKED FOR ORIGINALLY, THEY JUST NEED TO APPROVE WHAT'S IN THE

ORDINANCE. >> THAT'S CORRECT.

>> OKAY, AND THEN I JUST -- I WAS JOTTING DOWN NOTES AS Y'ALL WERE TALKING. IF, I THINK, IF YOU WANT TO REQUIRE ALL CONCRETE, AS MR. WEBER SAID HE WOULD AGREE TO, YOU WOULD JUST MODIFY SECTION 2F-11 TO SAY ALL CONCRETE AND WE'D STRIKE OUT THE ASPHALT. THE DIGITAL SIGNAGE, I THINK, YOU BROUGHT THAT UP. MR. WEBER, YOU SAID YOU'D DO AWAY WITH DIGITAL SIGNAGE, SO SECTION 2G-3 COMES OUT OF THE ORDINANCE. BECAUSE THAT'S WHERE ALL THE ELECTRONIC SIGNAGE IS, OKAY? AND THEN, IF I HEARD RIGHT, YOU AGREED TO THE 70% PARKING SO SECTION 2F-10A WOULD JUST SAY NO MORE THAN 30% WOULD BE THE NINE-FOOT PARKING PLACE. THAT WOULD GET US TO 70% TEN-FOOT PARKING, AND THAT'S HOW WE'D MODIFY THE ORDINANCE. I JUST WANT TO MAKE SURE THAT I -- I WAS TRYING TO CAPTURE SOME OF THE CHANGES AS

Y'ALL WERE TALKING ABOUT THEM. >> YEAH, THE --

>> THE LIGHT TRIM IS THE OTHER ONE I HAD.

>> YEP, YEP. I WAS JUST TRYING TO CATCH ALL OF THE -- WHAT I HEARD IS THE PROPOSED CHANGES AND WHAT YOU SAID YOU WOULD AGREE TO, YOU KNOW, OKAY. JUST TRYING TO SUMMARIZE THAT.

>> ANY OTHERS? AS I REGRET OFFERING TO MAKE THIS MOTION.

I'VE BEEN TAKING NOTES SO. >> BEFORE WE GET A SECOND ON WHATEVER MOTION YOU'RE ABOUT TO MAKE, I WOULD LIKE TO GIVE A

MOMENT FOR FRIENDLY AMENDMENTS. >> AFTER I MAKE MY -- OKAY.

JUST MY OWN COMMENTS, I WANT TO ADDRESS AS I'VE PERSONALLY BEEN WORKING THROUGH THIS WHOLE PROCESS. I TOO, LIKE CLARK, HAD TO COME ALONG ON THIS PLAN. AND ALSO KIND OF SIMILAR TO WHAT HUD WAS SAYING, I -- EARLY ALONG I WAS -- KEPT GETTING CAUGHT IN THE CONCEPT OF WHAT STORES ARE GOING IN HERE. AND

[03:20:06]

WHITE CORNESS ON THE LOWES BUILDING.

>> DOES THAT FINALIZE THE MOTION?

>> YES, THAT FINALIZES THE MOTION.

>> ANY FRIENDLY AMENDMENTS OR FURTHER DISCUSSION? HEARING NONE, I WILL ENTERTAIN A SECOND.

>> SECOND. >> A MOTION FROM COUNCILWOMAN HAMMONDS, A SECOND FROM MAYOR PRO-TEM, AND DO WE HAVE ALL THAT WE NEED AS FAR AS THAT MOTION GOES? OKAY, PLEASE VOTE.

IT PASSES 5-2. COUNCIL, THANK YOU FOR THE ENGAGEMENT AND THE LIVELY DISCUSSION. MR. WEBER, CONGRATULATIONS. LOOK FORWARD TO WORKING WITH YOU. COUNCIL, WE'RE GOING TO MOVE FORWARD

[2024-012]

>> I MOTION THAT WE CONTINUE THIS ON THE JANUARY 23RD

MEETING. >> SECOND.

>> A MOTION FROM MR. GARDNER. SECOND FROM MR. MORMON.

>> OPENED AND CONTINUED. >> PLEASE VOTE. THAT PUBLIC

[2024-013 ]

YOU SSION. WE DO HAVE A QUORUM HERE. SO THAT'S ON ME.

[2024-014]

>> THANK YOU, MAYOR, COUNCIL. THIS IS A CULMINATION OF SEVERAL MEETINGS THAT WE'VE HAD STARTING ON SEPTEMBER 12TH OF '23. WE BROUGHT IT BACK ON SEPTEMBER 26TH OF '23, SUSPENDING THE JOINT AIRPORT BOARD. AND THEN WE HAD A JOINT AIRPORT MEETING WORKSHOP WITH THE CITY OF WAXAHACHIE. AND WHEN I MEAN JOINT, THIS IS THE MIDWAY AIRPORT IS MANAGED BETWEEN BOTH MIDLOTHIAN AND THE CITY OF WAXAHACHIE. SEVERAL OF THE CHANGE, THE AIRPORT BOARD WILL TRANSITION TO AN ADVISORY

[03:25:01]

ECONOMIC DEVELOPMENTS HANDLED BY BOTH CITIES. WAXAHACHIE AND MIDLOTHIAN IN CONJUNCTION WITH THE AIRPORT MANAGER. THAT IS SOMEWHAT NEW. SOME OF THE THINGS THAT WE CHANGED AS A RESULT OF THAT JOINT AIRPORT BOARD MEETING WAS HOW TO RESOLVE CONFLICTS. AND THE WAY WE CHOSE TO DO IT AND WHAT WE TALKED ABOUT IS SIMILAR TO HOW, IN OUR RULES OF GOVERNANCE, HOW WE -- HOW WE RESOLVE DISPUTES. AND IT BASICALLY SAYS IF ANY DISPUTES OR CONCERNS OF THE AIRPORT BOARD SHALL FIRST BE PRESENTED TO THE AIRPORT MANAGER AND STAFF REPRESENTATIVES OF THE CITIES, IF THE BOARD IS NOT SATISFIED WITH THE OUTCOME, THEY WILL PRESENT THE CONCERNS TO THE LIAISON, CITY COUNCIL LIAISON, TO THE AIRPORT OF EACH CITY FOR CONSIDERATION. AND THEN IF THEY'RE NOT SATISFIED WITH THAT, IT'LL BE ELEVATED TO THE MAYOR AND THEN ALSO THEN TO EACH COUNCIL FOR FINAL RESOLUTION. IT DOES TALK ABOUT THE AIRPORT MANAGER HAVING DUTIES AND RESPONSIBILITY FOR THE DAILY OPERATION, MAINTENANCE OF THE AIRPORT AND FOR RECOMMENDING PROJECTS AND DEVELOP THE AIRPORT. AND IT DOES, I'M SORRY, I KIND OF GOT PAST THAT. AND ONE THING THAT WE WANTED TO TALK ABOUT, DID TALK ABOUT THE AIRPORT MANAGER AND OTHER AIRPORT STAFF WERE WORKING UNDER THE GENERAL SUPERVISION OF THE DESIGNATED STAFF REPRESENTATIVE OF THE CITIES. ONE THING THAT WAS ADDED THERE IS TO PROMOTE A PROFESSIONAL WORKING RELATIONSHIP WITH THE AIRPORT BOARD. SO WE DID RESOLVE ALL THESE CHANGES PER THE JOINT WORKSHOP AS WELL AS WITH CITY OF WAXAHACHIE STAFF. THEY HAVE NOT ADOPTED THIS AMENDED AGREEMENT AT THIS POINT, BUT IT IS BEFORE Y'ALL FOR CONSIDERATION.

>> THANK YOU, CLYDE. DO YOU KNOW WHEN THEY WILL BE

REVIEWING THIS DOCUMENT? >> I ASSUME THEY PROBABLY MEET THE FIRST AND THIRD MONDAYS, SO I WOULD ASSUME THEY WOULD BE DOING THAT THE THIRD MONDAY OF JANUARY.

>> COUNCIL, QUESTIONS FOR CLYDE OR STAFF?

>> JUST A CLARIFICATION QUESTION. SO WHO, BASED ON THIS AGREEMENT, THE CHANGES TO THE AGREEMENT, THE BOARD NO LONGER HAS ANY SUPERVISING LANGUAGE OVER THE AIRPORT MANAGER, IS

THAT ACCURATE? >> CORRECT. IT GOES BACK TO WHAT I WAS JUST TALKING ABOUT. THERE WILL BE A PROFESSIONAL WORKING RELATIONSHIP WITH THE AIRPORT BOARD. AND THE AIRPORT MANAGER'S GOING TO WORK WITH THE AIRPORT BOARD CONSTANTLY.

WHEN IT COMES DOWN TO IT, THE AIRPORT MANAGER AND OTHER AIRPORT STAFF WILL WORK UNDER THE GENERAL SUPERVISION OF THE DESIGNATED STAFF REPRESENTATIVE OF THE CITIES.

>> SO WHO HIRES THE AIRPORT MANAGER, FOR CLARIFICATION?

>> IT SAYS THE DESIGNATED STAFF REPRESENTATIVE OF THE CITIES MAY CONTRACT FOR OR HIRE AN AIRPORT MANAGER AND OTHER AIRPORT STAFF AS NECESSARY. THE HIRING COMMITTEE FOR THE AIRPORT MANAGER SHALL CONSIST OF STAFF REPRESENTATIVES OF BOTH CITIES AND A MINIMUM OF ONE AIRPORT BOARD

REPRESENTATIVE. >> GOT IT.

>> AND TYPICALLY IN THE PAST THAT'S ALWAYS BEEN THE CHAIRMAN

OF THE BOARD. >> WHAT ABOUT THE TERMINATION

OF -- IS THAT -- >> THAT WOULD ALL GO THROUGH THE CITY OF WAXAHACHIE SINCE THEY HANDLE HUMAN RESOURCES, THAT ALL GOES THROUGH THE CITY OF WAXAHACHIE'S PERSONNEL

POLICIES. >> SO WITH THIS NEW AGREEMENT IF WE MADE A BAD CHOICE ON AN AIRPORT MANAGER, WE WOULDN'T HAVE ANY CONTROL OVER THE ABILITY TO MAKE A CHANGE THERE?

>> YES, YES IT -- NO, I MEAN, THEY SERVE AT, YOU KNOW, THEY SERVE AT THE PLEASURE OF THE STAFF REPRESENTATIVE. SO WE GO INTO IT, AND WHEN WE REVIEW THAT POSITION, IT'S JUST THE MECHANICS OF DISCIPLINING THE AIRPORT MANAGER OR SOMETHING LIKE THAT, WOULD GO THROUGH THE CITY OF WAXAHACHIE'S PERSONNEL POLICIES. WE HAVE A SAY. WE REVIEW THEM MANUALLY ALONG WITH THE AIRPORT BOARD. THEY LOOK INTO THOSE TYPE OF THINGS AS WELL. IT'S JUST THOSE -- THE MECHANICS OF DISCIPLINING OR

DISMISSING AN AIRPORT MANAGER. >> SIMILAR TO A DEPARTMENT HEAD. THE ONLY DIFFERENCE IS YOU'VE GOT TWO STAFF MEMBERS, ONE FROM WAXAHACHIE AND ONE FROM MIDLOTHIAN THAT WOULD WEIGH IN ON IF THEY HAD AN ISSUE. THEN THE PROCESS FOR DISCIPLINING, WHETHER IT'S SUSPENSION, TERMINATION, WOULD GO -- WOULD FALL TO WAXAHACHIE PERSONAL POLICY. SIMILAR TO

OURS. >> DOES THIS OUTLINE WHO THOSE TWO STAFF MEMBERS ARE SPECIFICALLY?

>> IT WOULD BE UP TO THE REQUEST OF THE CITY MANAGER.

>> SO THE TWO CITY MANAGERS, OKAY.

>> AND TYPICALLY HOW IT WAS HANDLED IN THE PAST IS IT WAS

[03:30:01]

WOULD JUST BE A -- >> A DECISION.

>> A DECISION. >> IN THE CASE OF A CONFLICT, IT WOULD BE THE SITUATION YOU DESCRIBED PREVIOUSLY.

>> YES, SIR. IT WOULD GO TO THE DESIGNATED STAFF REPRESENTATIVES THEN ELEVATE TO THE AIRPORT OR THE COUNCIL LIAISONS FROM EACH CITY THEN TO THE MAYORS AND THEN ULTIMATELY

TO THE COUNCILS. >> ALL RIGHT, THANK YOU.

>> COUNCIL, FURTHER QUESTIONS? ME? OR COMMENT, YEAH, QUESTION,

COMMENTS. >> YEAH, I JUST WANT TO SAY AGAIN, I CAN'T BE MORE ADAMANTLY OPPOSED TO THIS IDEA OF STRIPPING POWER FROM THE BOARD. THE AIRPORT BOARD WE SHOULD BE DOING JUST THE OPPOSITE. WE SHOULD BE EMPOWERING THEM AND GIVING THEM THE TOOLS IN ORDER TO BE ABLE TO MANAGE THIS AIRPORT. RATHER THAN MICROMANAGING IT BY TWO CITIES THAT DO NOT HAVE THE EXPERTISE OR THE KNOWLEDGE OF AIRPORT OPERATIONS. I MEAN, AT THIS POINT, WE -- YEAH, I GOT TO SAY, THIS IS A RECIPE FOR DISASTER. IT'S A MISTAKE. AND I CANNOT BELIEVE WE'RE DOING THIS. ESPECIALLY WITH THE AMOUNT OF GROWTH THAT WE'RE DOING BETWEEN BOTH CITIES. YOU KNOW, WE NEED TO BE LOOKING AT WAYS TO EMPOWER OUR BOARDS TO BE ABLE TO HANDLE THE RESPONSIBILITIES THAT WE PLACE ON THEM. AND YOU KNOW, WHAT WE'RE DOING WITH THIS IS, ONE, IT'S AN INSTOULT THE PEOPLE THAT HAVE SERVED ON THAT BOARD, AND TWO, IT'S A MISTAKE GOING FORWARD. AND I CAN'T DO ANYTHING BUT THROW MYSELF ON THIS AND SAY, YOU KNOW, I REALLY HOPE YOU GUYS CONSIDER THE RAMIFICATIONS OF MAKING THIS CHANGE, BECAUSE I THINK THAT WE'RE ALL GOING TO REGRET

IT IN THE FUTURE. >> OKAY, THANK YOU. HUD?

>> I WANT TO PIGGY BACK ON WHAT COUNCILMAN GARDNER SAID. I CONCUR WITH EVERYTHING HE SAID. I DON'T VIEW THE AIRPORT BOARD LIKE I DO MANY OTHER BOARDS THAT WE HAVE. I DON'T THINK THEY HAVE TO BE CATEGORIZED THE SAME. AND I DON'T THINK THAT LESSENS OUR OTHER BOARDS, BUT THE AIRPORT BOARD IN MY OPINION IS DIFFERENT. THOSE BOARD MEMBERS HAVE DECADES OF KNOWLEDGE, EDUCATIONAL KNOWLEDGE ON THE SUBJECT MATTER OF RUNNING AN AIRPORT. AND I THINK WE NEED ALL THE HELP WE CAN GET. I'M AFRAID IF THIS PASSES, IT'S GOING TO DETERIORATE THE QUALITY OF BOARD MEMBERS WE GET OUT THERE, BECAUSE THE ONES THAT ARE OUT THERE WILL NOT FEEL VALUED WITH HAVING ABSOLUTELY NO SAY SO AND NO POWER WHEN THEY SHOW UP TO

TAKE VOTES. >> OKAY, THANK YOU. ANY OTHER COMMENT, QUESTIONS? ALL RIGHT. MOVE TO A MOTION IF SOMEONE HAS

GOT ONE. >> I'LL MAKE A MOTION TO DENY.

>> OKAY, WE HAVE A MOTION TO DENY.

>> SECOND THAT. >> WE HAVE A MOTION BY MR. MOORMAN SECONDED BY MR. GARDNER. FURTHER CONVERSATION ON THIS MOTION? GO AHEAD AND VOTE. OKAY, MOTION FAILS. IS THERE AN ALTERNATIVE MOTION? MOTION TO APPROVE BY

COUNCILWOMAN HAMMONDS. >> SECOND BY THE MAYOR PRO-TEM.

[2024-015]

DESIGN IMPROVEMENTS. HEATHER? >> GOOD EVENING, MAYOR AND COUNCIL, AND YES, I AM FREEZING. IT IS NOW WINTER. I'M HAPPY TO BE HERE THIS EVENING TO DISCUSS THE PLANNING FOR THE HERITAGE PARK EXPANSION AND DOWNTOWN DESIGN IMPROVEMENTS.

ON JULY 25, 2023, CITY COUNCIL APPROVED A $5 MILLION TAX NOTE THAT INCLUDED FUNDS FOR PARK DESIGN AND EXPANSION ALONG WITH SEVERAL OTHER PROJECTS. THE IMPROVEMENTS OUTLINED ARE INTENDED TO EXPAND HERITAGE PARK AND CREATE A DOWNTOWN PLAZA TO COMPLEMENT THE NEW CITY HALL AND LIBRARY BUILDING AND CREATE A COHESIVE DESIGN FOR DOWNTOWN. THE SCOPE OF WORK SHALL INCLUDE A MASTER PLAN OF THE HERITAGE PARK SITE, BACK ALLEY PLAZA, AND THE UNDEVELOPED LOT ACROSS FROM THE

[03:35:04]

>> THANK YOU, HEATHER. >> YES, SIR.

>> COUNCIL, QUESTIONS, COMMENTS ON THIS CASE?

>> HEATHER, COULD YOU EXPLAIN TO THE COUNCIL WHAT THAT BASICALLY DOES, AS FAR AS THE FRAMEWORK OF A NEW -- FOR LACK

OF BETTER TERM A NEW PARK. >> NEW PARK. SO --

>> IMPROVED PARK, I GUESS. >> AN IMPROVED PARK. SO IF YOU'VE BEEN IN THE PARK, YOU KNOW YOU'VE WALKED ALONG THE BRICKS AND WE HAVE A LOT OF TRIPPING HAZARDS. THAT ALL HAS TO BE REMOVED. THE TREE ROOTS ARE POPPING EVERYTHING UP. SO WHAT IT LOOKS LIKE IS CREATING A PLAZA. WE HAVE THIS NEW BEAUTIFUL BUILDING COMING ACROSS. IT'S TAKING DESIGN FEATURES FROM THAT, LOOKING AT WHAT WE DISCUSSED IN THE DOWNTOWN MASTER PLAN AND CREATING A MUCH MORE WALKABLE, USABLE AREA FOR EVERYONE TO COME DOWNTOWN, DRAW THEM DOWN FOR COMMUNITY EVENTS, DRAW THEM DOWN, YOU KNOW, SINCE WE PUT IN THE CORN HOLE, EVERYONE COMES DOWN AND KIND OF HANGS OUT IN THE PARK. THIS IS GOING TO EXPAND THAT IT'S GOING TO UPDATE BACK ALLEY PLAZA. IT'S GOING TO UPDATE THE ENTIRE PARK AND HAVE THAT NEW FEEL. IT GIVES US OPPORTUNITY TO MOVE OUT ON THE EDGES OF SOME OF THE SIDEWALK, MAYBE PUT IN, YOU KNOW, A NICER LOOK WHERE WE HAVE SOME DECORATIVE SIDEWALK IN THERE, DECORATIVE PAVING IN THAT JUST TO REALLY COMPLETELY UPGRADE THE ENTIRE DOWNTOWN AREA AND JUST GIVE THAT NEW LOOK AND FEEL AND GET US A NICE ADA-COMPLIANT AREA FOR EVERYONE

TO UTILIZE. >> THANK YOU, I JUST WANT TO ADD ALSO THAT THE PARK BOARD WAS UNANIMOUS IN THEIR SUPPORT

OF THIS. >> IS THIS JUST BASED ON THE

ASSUMPTION? >> IT IS BASED ON THE ASSUMPTION IT WOULD INCLUDE A PORTION OF WHERE THIS BUILDING IS. IT WOULD TAKE OVER. SO IT WOULD ALLOW US TO CREATE MORE PARKING FOR DOWNTOWN, BUT IT WOULD ALLOW US TO PUSH THE PARK BACK AND MAKE MORE GREEN SPACE WHEN WE DO HAVE LIKE THE EIGHTH STREET DANCE OR OUR CHRISTMAS PARADE.

>> JUST MAKING SURE THAT WASN'T LIKE STILL TO BE DETERMINED.

AND THEN SECONDLY, I DIDN'T SEE THEM -- AND I MAY HAVE MISSED IT, THEM MENTIONED A TIMELINE FOR THIS.

>> SO WE WERE JUST WAITING TO SEE WHAT THIS WAS. I SPOKE WITH HENRY. THEY COULD START ON IT IN A FEW WEEK, AND HE FEELS LIKE THEY COULD HAVE THIS DONE IN A SIX-MONTH PERIOD.

DEPENDING ON HOW QUICKLY WE MOVE. BUT WE CAN GET THEM ALL THE INFORMATION FOR DOWN HERE. YOU KNOW, ALL THE AS BUILTS WE HAVE HERE, ALL THE INFORMATION. AND THAT CAN GET THEM RUNNING QUICKLY. AND IF I MISSPOKE, HENRY, YOU YELL AT ME.

>> IS IT FASTER, HENRY, OR EXPENSIVE? I'M READY TO SEE IT.

OKAY, OKAY. >> ON THE ASSUMPTION THING, SO HOW DO YOU KNOW THE PARAMETERS -- BECAUSE LIKE I KNOW WE'VE TALKED ABOUT THIS BUILDING. WE'VE EVEN TALKED ABOUT MAYBE CLOSING F, IS THAT F? SO HOW DO Y'ALL KNOW THE PARAMETERS THAT, I GUESS, COUNCIL IS OKAY WITH. WHETHER OR NOT SHUTTING DOWN F

-- >> THAT IS ALL PART OF THIS DISCUSSION, BUT DURING THAT CONVERSATION WHEN THE TAX NOTE CAME UP, THERE WAS MULTIPLE DISCUSSIONS OF THIS BUILDING GOING AWAY. SO WORKING WITH THIS, I MEAN, Y'ALL CAN CHANGE THE PARAMETERS, THE SCOPE, AND WE CAN CHANGE THAT WITH PARK HILL, BUT IT WAS ALL MADE ON THE ASSUMPTION FROM WHAT WE HEARD -- OBVIOUSLY YOU STILL HAVE TO VOTE ON AND DECIDE IF YOU WANT, BUT WE KNOW EVERYONE WANTED TO MOVE QUICKLY. AND IF

[03:40:04]

>> NO, I GET THAT. THE BUILDING FOR SURE, I THINK MOST PEOPLE TALK ABOUT. THEY AGREED ON. BUT LIKE SEVENTH STREET, LIKE WHEN YOU SAY BACK ALLEY PLAZA, LIKE IN THEIR BID TO DESIGN ALL OF THIS IS THE OPTION OF CLOSING F IN THAT, OR IS THAT GOING TO

HAVE TO BE AN ADD-ON LATER?. >> THAT CAN ALL BE A PART OF OUR PARAMETERS. SO AS WE DISCUSSED IT, WHEN WE START HAVING THE PUBLIC MEETINGS AND THE COUNCIL WORK SESSIONS, THAT'S WHERE WE'LL CALL A LOT OF THOSE DETAILS OUT.

>> OKAY. >> YES. YES, ABSOLUTELY. SO IN THAT, YOU KNOW, WE'LL HAVE SEVERAL COUNCIL AND ANY OTHER BOARDS THAT YOU WANT, YOU KNOW, PARK BOARD IN THAT TO DISCUSS THE PARK, WHAT EVERYONE WOULD LIKE TO SEE IN IT, A PUBLIC MEETING TO SEE WHAT THE PUBLIC WANTS TO SEE IN IT, AND THEN TO WORKSHOP THAT OUT AS THEY DO A CONCEPTUAL DESIGN UNTIL WE COME UP WITH WHAT WE'RE LOOKING FOR AND THEN IT WOULD GO TO

ENGINEERING. >> IF YOU'RE ASKING TO SPEND ALMOST $400,000 ON JUST A CONCEPT WHEN WE DON'T EVEN HAVE PARAMETERS YET, HOW MUCH ARE YOU EXPECTING TO SPEND ON THIS

ENTIRE PARK? >> WELL, IT WOULDN'T BE A CONCEPT. BY THE TIME IT'S FINISHED, IT WOULD BE

ENGINEERED, PLANNED. >> HOW MUCH ARE YOU EXPECTING

TO SPEND ON THE ENTIRE PARK? >> THAT'S WHAT WE HAVE -- THAT'S A DECISION ON THE LEVEL THAT WE CHOOSE, BUT --

>> SO WE DON'T HAVE A BUDGET -- >> I WOULD SAY $43 MILLION IS A

REALISTIC. >> THIS MONEY HERE OR IS IT

$3.4 MILLION? >> $3.4 MILLION. AND THAT'S

JUST A -- >> AND SO --

>> SO COMMUNITY PARK, HOW MUCH WAS THAT ORIGINALLY BUDGETED

FOR? >> IT WAS WHAT THE ACTUAL PRICE

THAT CAME BACK? >> NO, WHAT WAS ORIGINALLY --

>> YOU HAD $14 MILLION IN BOND FUNDS. AND ABOUT TEN YEARS LATER YOU BUILT THE PARK. AND IT WAS $23 MILLION OF WHICH WE

REDUCED DOWN TO $19.1 MILLION. >> SO -- AND THEN WE ADDED LIGHTS AND WE'VE BEEN DOING MORE AND WE SPENT AN AWFUL --

>> WE ADDED MORE TO PHASE ONE THAT WAS NOT COMPLETED WHEN IT

WAS FIRST BUILT. >> SO FIRST OFF, I THINK THIS IS REALLY PREMATURE WHEN WE HAVEN'T EVEN HAD A VOTE AND A DISCUSSION ON LIKE TEARING DOWN THIS BUILDING, WHICH I THINK COULD BE USED FOR A LOT OF DIFFERENT THINGS WITHIN OUR COMMUNITY. IT'S A BUILDING DOWNTOWN THAT WOULD BE A GREAT COMMUNITY CENTER YOU COULD DO, YOU KNOW, KIDS MEETINGS HERE, ALL KINDS OF WONDERFUL THINGS YOU COULD DO WITH THIS BUILDING. WE HAVEN'T EVEN HAD THAT DISCUSSION. AND HERE WE ARE TALKING ABOUT IT'S ALREADY DONE. AND SO -- I HAVE AN ISSUE WITH THIS COMING FORWARD AS THOUGH IT'S ALREADY BEEN

DECIDED. >> WE HAVEN'T HAD AN OFFICIAL VOTE, BUT WITH ALL DUE RESPECT, LIKE THIS BALL'S BEEN ROLLING FOR SEVERAL YEARS. AND I GET IT, THE FACES HAVE CHANGED AT THE TABLE, BUT -- AND IF WE NEED TO HAVE THAT DISCUSSION, WE CAN. IF WE NEED TO PLACE THAT VOTE, WE CAN. I PERSONALLY FEEL LIKE THIS WILL SET UP THE STRUCTURE TO ADVISE US ON IF THAT SHOULD BE THE PLAN OR NOT AND GIVE US OPPORTUNITY TO ANSWER SURVEY QUESTIONS, GIVE THE COMMUNITY ANSWER -- THE OPPORTUNITY TO ANSWER SURVEY QUESTIONS TO DETERMINE WHAT THE

COMMUNITY DESIRES TO SEE HERE. >> YEAH, I'D LIKE TO PUT THIS TO THE VOTERS, BECAUSE I'LL TELL YOU THIS. I CAN'T SEE MANY PEOPLE WANTING TO SPEND ANOTHER, YOU KNOW, ALMOST $4 MILLION ON ANOTHER PARK WHEN WE HAVEN'T EVEN FINISHED OUR CITY HALL THAT'S, YOU KNOW, GONE UP IN PRICE. EVERYTHING WE'VE DONE GOES UP IN PRICE. WHEN WE TALK ABOUT WHAT WE'RE DOING HERE, I THINK WE NEED TO SET ABSOLUTE PARAMETERS ON IT. THERE NEEDS TO BE A BUDGET, WE NEED TO KNOW WHAT WE'RE DOING, AND I DON'T THINK THIS IS THE DIRECTION JUST TO START SPENDING MONEY AND USING THAT SPENT MONEY TO FIGURE OUT WHERE WE'RE GOING TO GO IN THE FUTURE. I THINK THAT'S A VERY POOR WAY TO SPEND

OUR TAXPAYER DOLLARS. >> CHRIS, CAN YOU BRING SOME CLARITY TO, AT LEAST FOR ME, MAYBE I'M THE ONLY ONE, BUT JUST THE APPROVAL OF THE $5 MILLION TAX NOTE, HOW THIS RELATES TO THAT. I MEAN, IS THAT JUST SITTING IN A POT

[03:45:01]

DOES THAT WORK? >> THAT $5 MILLION HAS BEEN ISSUED. THAT WAS ISSUED, I THINK, BACK IN AUGUST. SO THAT MONEY IS THERE AND WE HAD TALKED, THE BUDGET PROCESS, ABOUT CERTAIN THINGS. PART OF THAT $5 MILLION WAS THE DESIGN AND CONSTRUCTION OF THE DETENTION AREA. WE HAD THIS -- WE TALKED ABOUT THIS PARK. AND POTENTIALLY LAND PURCHASES DOWNTOWN. AND THEN WE HAD ALSO PUT IN ROADS IF THERE WAS ANYTHING LEFT. BUT WE WERE REALLY EYEING THE CREEK BEND IN THIS PROJECT AND LAND PURCHASES DOWNTOWN.

>> SO THEORETICALLY, THAT MONEY IS THERE JUST WITH FURTHER ALLOCATION FROM US, BUT IN THE EVENT THAT WE DON'T ALLOCATE

IT, IT'S ALREADY ISSUED. >> SO WE TALKED ABOUT THIS FACILITY. IF YOU DON'T APPROVE THIS AND DON'T WANT TO MOVE FORWARD, THEN IT STAYS THERE. WE'LL BE BRINGING FORTH AT THE NEXT MEETING WE'LL BE TALKING ABOUT THE CREEK BEND DESIGN. SO WE'LL BRING THAT FORTH. AGAIN, IF YOU DECIDE AT THAT POINT NOT TO MOVE FORWARD WITH THAT PROJECT, THE MONEY WOULD JUST BE SITTING THERE. NOW, AT SOME POINT, THOUGH, YOU HAVE TO ISSUE IT FOR WHAT YOU -- WHAT YOU ISSUED IT FOR. SO THOSE

FOUR CATEGORIES -- >> ONE OF THOSE CATEGORIES.

>> ONE OF THOSE CATEGORIES. YOU CAN'T TAKE EXCITE GO DO POLICE CARS WITH IT OR SOMETHING LIKE THAT. YOU'RE GOING TO HAVE TO

DO IT FOR WHAT YOU SOLD IT FOR. >> I APPRECIATE THE CLARITY.

>> MIKE? >> I'M TRYING TO WRAP THESE NUMBERS UP IN MY HEAD FROM WHAT I REMEMBERED WE HAD DISCUSSED.

IT'S GROWING QUICK. I JUST -- I DON'T WANT THIS TO GET US INTO A POSITION BECAUSE I'M GOING TO BE AT A LIMIT OF THIS MONEY. I FEEL LIKE OTHER THINGS NEED TO HAPPEN, AND I CAN'T GO INTO DETAIL ABOUT THAT ON THE EXPANSION SIDE THAT WE HAVE TO HAVE ROOM FOR EXPANSION FOR COMPLETION OF CERTAIN ITEMS WE SAID WE WOULD DO. AND I DON'T SEE ANY SENSE IN -- I DON'T SEE ANY SENSE IN DESIGNING ANYTHING UNTIL WE KNOW THE TOTAL SCOPE OF PARAMETERS OF DESIGN AREA. I DO BELIEVE THAT WE HAD TALKED ABOUT POTENTIALLY THE PARK MIGHT COME TO ABOUT THE FRONT

OF THE BUILDING MAYBE, OKAY. >> MM-HMM.

>> BUT WE DO HAVE TO DECIDE -- THERE WAS SOME DISCUSSION ABOUT THE BUILDING MIGHT BE COMING DOWN OR MIGHT BE NOT, BUT WE HAVEN'T MADE A DECISION. AND THEN THERE'S OTHER THINGS WE CAN'T TALK ABOUT HERE, SO I'M VERY CONCERNED ABOUT VOTING FOR DESIGN PROCESS. I'M IN FAVOR OF THE DESIGN PROCESS BUT I CAN'T SUPPORT DOLLARS BEING SPENT UNTIL I KNOW WHERE WE'RE HEADED YET. WE DON'T EVEN KNOW THE FULL SCOPE OF THE DEPTH OF WHERE WE'RE HEADED. I WOULD RATHER SPEND THOSE DOLLARS WHEN WE KNOW WHERE THE FOUR CORNERS ARE.

>> DOES THIS PLAN NOT DO THAT, THOUGH? WILL WE NOT FLUSH OUT

THOSE DETAILS IN THIS PROCESS? >> YOU CAN'T, BECAUSE YOU DON'T

KNOW HOW DEEP YOU'RE GOING YET. >> THERE COULD BE ADDITIONAL

PHASES. >> WE HAVEN'T EVEN BOUGHT -- WE DON'T WANT TO GET INTO THIS CONVERSATION HERE NOW. BECAUSE I DON'T WANT TO BE TALKING PUBLICLY, BUT WE DON'T HAVE ALL

OF OUR AREA YET. >> BUT WHAT IF THIS -- BUT WOULDN'T THIS BE NO DIFFERENT THAN THE DOWNTOWN MASTER PLAN OR THE PARK PLAN OR CREATING A PLAN? I MEAN, WE SLATED TOWNHOMES IN A SECTION OF DOWNTOWN THAT PROBABLY AREN'T GOING TO BE TOWNHOMES IN MY LIFETIME BUT WE KNEW ONE DAY WOULD BE. SO AREN'T WE JUST SAYING HERE'S THE PLAN FOR BACK ALLEY PLAZA, SEVENTH, YOU KNOW, THE STUFF ACROSS THE RAIL, AND THIS PROPERTY AND CITY AS YOU REQUIRE IT, WE'RE GOING TO DO THESE THINGS. BUT WITH THE STUFF YOU HAVE NOW, WE'RE GOING BUILD THIS SECTION. IT'S JUST GOING TO BE A PHASED PLAN.

>> WE KNOW WHAT'S GOING TO HAPPEN. BUT WE DON'T KNOW THE DEPTH. WE HAVEN'T GOT EVERYTHING THAT CAN MAKE IT ALL HAPPEN YET. WE GOT SOME CARTS BEFORE THE HORSE GOING.

>> YOU CAN RUN THE PLAN BASED OFF --

>> I DON'T BELIEVE IN PAYING FOR PLANS JUST TO PAY FOR A

PLAN. >> I FEEL LIKE IF WE WAITED TO DO THE PLAN UNTIL WE THOUGHT WE WERE FINISHED WITH ALL THE POSSIBILITIES WE WOULD NEVER DO A PLAN.

>> I FEEL -- I FEEL AS THOUGH I'M ALL FOR THIS AND I BELIEVE IT'S NOT FAR OUT, BUT I BELIEVE WE HAVE TO GET SOME OTHER GOALS ON THE SPEED TRAP FOR GETTING IT DONE QUICKLY TO SPEND SOME OF THIS MONEY TO GET US OUR FOUR CORNERS. THAT'S AS FAR AS

I CAN GO WITH IT HERE. >> AND I WILL TELL YOU WE PUT

[03:50:03]

>> YOU DID WHAT NOW? >> A PHASE TWO AND A PHASE THREE DEPENDING ON WHAT OCCURS DOWNTOWN. THAT WE CAN'T

DISCUSS. >> CAN WE TABLE IT FOR

EXECUTIVE? >> I KNOW WHAT YOU'RE TALKING ABOUT, BUT THE WAY THIS IS LISTED, WE CAN'T GO BACK INTO EXECUTIVE SESSION FOR DISCUSSION. WE CAN ONLY GO BACK TO EXECUTIVE SESSION IF YOU HAVE LEGAL QUESTIONS ABOUT THE

PROPOSAL. >> WE CAN TABLE THIS UNTIL THE

NEXT MEETING. >> AND BRING IT BACK UNDER

ANOTHER EXECUTIVE SESSION? >> YEAH.

>> COUNCIL, IS THAT AMENABLE? >> I'LL MAKE THE MOTION TO TABLE THIS UNTIL THE JANUARY 23, 2024 MEETING. IN EXECUTIVE

SESSION. >> SECOND.

>> WE'LL HAVE AN EXECUTIVE SESSION.

>> JUST TABLE IT. >> THE MOTION IS TO TABLE THIS

ITEM UNTIL THE NEXT MEETING. >> SECOND.

>> SECONDED BY COUNCILMEMBER MOORMAN. PLEASE VOTE. OKAY, AND

[2024-016]

AGREEMENT. >> THANK YOU, MAYOR AND CITY COUNCIL. THE DESIGN HAS PROCEEDED ON THE SIGNALS AND HAS PUT -- THE APPARENT LOW BIDDER IS THE TEXAS TANNER CONSTRUCTION LTD, AND SO THE REQUEST THIS EVENING IS TO AWARD THIS CONTRACT WITH TEXAS STANDARD. THE FUNDING FOR THIS IS FOR FEES COLLECTED FOR SERVICE AREA SIX, WHERE THIS INTERSECTION IS LOCATED AND THIS IS IDENTIFIED AS AN ELIGIBLE PROJECT. AS PART OF IT ALSO, WE ALSO ARE INCLUDING THE PREEMPTIVE EQUIPMENT FOR THE FIRE DEPARTMENT, WHICH TYPICALLY ONLY TXDOT DOES THAT. WE HAVE TO PROVIDE IT. THIS WILL BE OUR SIGNAL, AND THIS WILL BE THE THIRD IF COUNCIL APPROVE THIS IS TONIGHT, THIS WILL BE THE THIRD SIGNAL. WE HAVE TWO AT THE CITY AND THIS WILL BE THE THIRD ONE WE HAVE WHICH PUBLIC WORKS MAINTAINS AND OPERATES ONCE THEY'RE PUT IN SERVICE. IF THERE ARE ANY QUESTIONS COUNCIL MAY HAVE?

>> I HAVE A QUESTION. >> SURE.

>> I DON'T REMEMBER PREVIOUS STOPLIGHTS COSTING ANYWHERE

NEAR THIS AMOUNT. >> YES.

>> WHY IS THIS ONE SO MUCH MORE? .

>> SO THE COSTS HAVE GONE UP SIGNIFICANTLY. THE LAST SIGNAL WE DID WAS IN 2008 AT EIGHTH STREET.

>> 2008? >> THE CITY WE DID ON EIGHTH STREET. SO WE ONLY HAD TWO SIGNALS. GEORGE HOPPER AT 14TH WAS DONE IN THE EARLY 2000S, AND THEN THE ONE THAT'S HERE.

TYPICALLY YOU WOULD LOOK AT $150,000, $200,000. WE'VE HEARD SOME HAVE BEEN OVER $800,000. THE ENGINEER ESTIMATE FOR THIS ONE WAS OVER $600,000. SO AGAIN, THE EQUIPMENT , EVERYTHING LOOK THERE ARE FOUR COMPETITIVE BIDS THAT WERE OPENED AND THE 516 WAS THE LOW BID 516 ALL THE WAY UP TO $614,000. WE HAD TO FUND ENGINEERING COSTS AND THE HAWKINS RUN ROAD IN THE STATE ENDED UP PUTTING THE LIGHT IN FRONT OF IT.

>> THE STATE DID SO WE ASKED THEM TO DO THE WARRANT ANALYSIS AND IF IT MEETS WARRANT THEY WILL DO THE WORK ON THEIR FACILITIES SO THE THING WE NEED TO PREPARE FOR IS WHEN WE GET $50,000 FOR STATE REQUIREMENTS WE WILL TAKE OVER THE TRAFFIC SIGNALS THAT ARE ON STATE FACILITIES SO THEY WILL GROW SUBSTANTIALLY BUT YES. POPULATION.

>> I THINK AGAIN I AM NOT SURE IF BUT A SIGNAL TYPE THING WHEN THEY'RE TALKING ABOUT A COUPLE HUNDRED THOUSAND DOLLARS AGAIN THIS ONE IS THE FOUR OPERATING SIGNALS INCLUDES THE PEDESTRIAN SIGNAL HEADS AND ELIMINATION IT IS THE FULL

GAMUT. >> WE HAVE A TRAFFIC STUDY

[03:55:01]

RIGHT NOW. >> WE ORIGINALLY HAD THE DESIGN COMPLETED AND WE ARE WAITING TO SEE ONCE THE SCHOOL OPENED AND HOW THE INTERSECTION WOULD FUNCTION AND WORK SO IF YOU RECALL THERE WAS A DAYCARE FACILITY THAT WAS APPROVED THAT IS LOCATED RIGHT IN THIS AREA THEY ACTUALLY DID A TRAFFIC IMPACT ANALYSIS FOR THIS INTERSECTION APPEAR. AND WHEN THEY LOOKED AT THE INTERSECTIONS THEY WERE SHOWING THAT THIS SOUTHBOUND, SO SOUTHBOUND WAS STARTING TO SHOW LITTLE SERVICE POTENTIALLY GOING TO E AND F IN THE FUTURE SO AGAIN WITH THE TIMING IT TAKES TO PUT THESE IN AND STAY AHEAD THAT'S WHEN WE SAY LET'S PUT THIS OUT AND SEE WHERE WE ARE, I DON'T KNOW THAT WE PUT IT OUT TWO OR THREE MORE YEARS LATER, IT WILL BE ANY CHEAPER THAN WE ARE SEEING IT RIGHT NOW. THEY'VE ALREADY DONE THE DESIGN IS IN RIGHT NOW SO THEY ARE DOING SIGNALS AT 14TH STREET AND 287 AS WELL.

>> OH, WELL. OKAY. MOTION? >> MOVED TO APPROVE.

>> MOVES TO APPROVED BY MISS HAMMONS. SECOND BY MR. GARDNER. PLEASE VOTE. PASSING 7-0. THANK YOU COUNSEL.

[2024-017]

>> THIS IS PART OF THE RIGHT AWAY AGREEMENT THAT WAS ENTERED INTO BETWEEN THE CITY AND AUTHORITY AND MARTIN MARIETTA FOR THE RECONSTRUCTION OF THE ROAD WHICH IS ACTUALLY UNDERWAY RIGHT NOW AS PART OF THAT AGREEMENT IF AND WHEN THERE WAS A USER TO THE WEST OF BB JONES ROAD, THEY AGREED TO EXTEND SEWER ACROSS THE RAILROAD AND ACROSS THE CREEK AND JUST TO THE WEST OF THE ROAD AS PART OF THAT AGREEMENT.

THAT IS TAKING PLACE BECAUSE OF THE NEW ENCORE FACILITY THAT IS IN THE INTERSECTION AND SO THAT PROVISION THAT WAS IN THAT AGREEMENT IS BEING FULLY FUNDED BY THE LINE AND THE DEVELOPMENT AUTHORITY SO WE ALREADY HAVE IT UNDER CONTRACT OR ARE GETTING READY TO GET UNDER CONTRACT, THIS IS ADDITIONAL TO THE RULE RAILROAD LINES AND SO READY STANDARD AGREEMENT WITH THAT WE HAVE ANY QUESTION THAT COUNSEL MAY HAVE.

MOTIONS? >> APPROVED BY MISS HAMMONDS.

PLEASE VOTE. >> PASSING 7-0. THANK YOU. AND

[2024-018]

>> TRAFFICKING TASK FORCE. AND AS THE SUMMARY SAYS WITH THE JENSEN PROJECT IT'S A BIG SUPPORTER AND THEY ARE CONSIDERED WHAT'S CALLED A NONGOVERNMENTAL ORGANIZATION THAT PARTNERS WITH THE TASK FORCE ORGANIZER WHICH IS HOMELAND SECURITY AND THE ENFORCEMENT SIDE OF THAT. THIS TASK FORCE REALLY FOCUSES ON DEALING WITH PREVENTION AND RECOVERY OF CHILDREN AND OTHER HUMAN TRAFFICKED AS I PUT INTO THE BODY OF THIS AN EXTREMELY OVER THE LAST YEAR THEY MADE 300 30 FELONY ARRESTS. AND IT IS A VERY EFFECTIVE TASK FORCE, THE JENSEN PROJECT JUST WANTS TO MAKE SURE THAT THEY ARE PARTNERING WITH THEM TO ENSURE THAT THE TASK FORCE CONTINUES TO SURVIVE. SO, THEY OFFER THIS AS OPPORTUNITY TO NOT ONLY KEEP OUR INVESTIGATOR ON THIS TASK FORCE BUT BACK SHIELD SO WE CAN CONTINUE TO BE MORE PROACTIVE WITH INVESTIGATIONS.

>> RATE OPPORTUNITY. THANK YOU. >> QUESTIONS, COMMENTS?

>> THE ARREST AND 34 VICTIMS IS THAT MIDLOTHIAN?

>> IT IS A COMBINATION RANGE OF 39 ARRESTS COME FROM STEAM'S ONLINE AND SO THEY WILL FOCUS IN AN AREA AND INVITE THEY

[04:00:07]

EFFORTS. >> THE 349, THAT'S NOT ALL

MIDLOTHIAN? >> YES. YES. THAT'S WHAT I WANT

TO KNOW. >> NO, THEY ARE NOT ALL FROM

MIDLOTHIAN. >> THAT WOULD BE A PROBLEM.

>> FURTHER QUESTIONS? >> YES, SO HELP ME UNDERSTAND THE GRANT HERE THAT WE ARE TALKING ABOUT BASICALLY IS FOR

SALARY ONLY, CORRECT? >> SALARY AND BENEFITS.

>> SO IT'S FULL COST BECAUSE WHEN I WAS READING IT, IT SAID THE TOTAL COMPENSATION PACKAGE FOR THAT ONE EMPLOYEE .

>> SO WE WOULD TAKE THAT AND BACKFILL WITH ANOTHER

INVESTIGATIVE POSITION. >> MAYBE I AM CONFUSING.

MULTIPLE ONES HERE SO I MIGHT BE CONFUSING IT WITH ONE OF THE OTHERS. BUT I READ THAT IT WASN'T .

>> THE NEXT ONE IS ONE YOU ARE PROBABLY THINKING OF.

>> THAT'S WHAT, OKAY. >> MOTION ON THIS CASE?

>> MOVED TO APPROVE. >> MOTION APPROVED. PLEASE VOTE. PAST 7-0. OPENING ITEM 2024 -19 CONSIDER AND ACT UPON

[2024-019 ]

AGREEMENT. >> SO THIS IS THE ONE COUNCILMEMBER THAT YOU ARE TALKING ABOUT WHERE THEY COVER 100% OF THE SALARY AND WE COVER THE BENEFITS THAT IS OUR 20% MATCH WITH THE STATE, AS PER THIS PARTICULAR GRANT OPPORTUNITY. WE'VE HAD A MEMBER ON THIS TASK FORCE FOR FIVE YEARS. INVESTIGATOR AND MEMBER OF THE TASK FORCE AND THE TASK FORCE WAS GRANTED AN ADDITIONAL SUPERVISOR WHICH WE WERE ABLE TO SUPPLY AND THIS ALLOWS US THAT BACKFILL ONE OF THE BENEFITS THIS GIVES US IS PRIMARILY THE ABILITY TO TRAIN OUR SERGEANTS IN ANOTHER INVESTIGATIVE CAPACITY ESPECIALLY OUR CURRENT CONFIGURATION WE HAVE A SERGEANT THAT IS REACTIVE INVESTIGATIONS WITH THIS WIDENING THAT FIELD FOR THEM, GIVING THEM ANOTHER AREA TO EXPRESS THEIR ABILITY TO GOVERN BUT BEING IN THE FIELD IN THIS TYPE OF PROACTIVE INVESTIGATIONS YOU NEED TO HAVE TWO OTHERS SO IT'S A REALLY EFFECTIVE WAY TO INCREASE THE TRAINING FOR MANY OF OUR STAFF HERE IN THE FUTURE. THIS IS, THIS GRANT IS IN AGREEMENT WITH THE INSURANCE INDUSTRY THEY PROVIDE THAT FUNDING BASED ON I FORGET WHAT THE ACTUAL SITE IS. BUT, THIS ONE IS SOMETHING THAT WOULD MOVE ON INDEFINITELY AS LONG AS WE HAVE THAT NUMBER THERE.

SO, AS LONG AS WE HAVE THE SERGEANT ON THEIR THEY WOULD

BACKFILL THAT PAYMENT. >> WESTERNS OR COMMENTS?

>> SO THIS ONE WE ARE STILL GOING TO BE PAYING THE FRINGE BENEFITS, EVERYTHING OTHER THAN SALARY FOR THIS?

>> WHICH INCLUDES EQUIPMENT? >> THEY COVER THE EQUIPMENT, THE VEHICLE. THE VEST, THEY COVER A PORTION OF THE OVERTIME THAT GOES INTO THE PROACTIVE INVESTIGATION BASICALLY WE ARE COVERING THE FRINGES. FOR THIS POSITION.

>> AND I HATE TO PHRASE IT THIS WAY BUT WHAT IS THE CITY GETTING OUT OF THAT INVESTMENT?

>> ALL OF OUR VEHICLE RELATED TYPE INVESTIGATIONS ARE GIVEN TO THESE TASK FORCE OFFICERS IN FACT PROBABLY WERE THAT FOR A TIME PERIOD LAST YEAR WE WERE LOSING 6-8 VEHICLES FROM THE MID-TAX CORPORATION OVER HERE, THIS TASK FORCE WAS INSTRUMENTAL IN NOT ONLY IDENTIFYING THREE CRIMINAL ORGANIZATIONS THAT WERE INVOLVED IN THAT, MAKING THE ARREST ARE RECOVERING PROBABLY SEVEN OR EIGHT OF THOSE

[04:05:02]

THAT FOR US. >> BUT THEY WILL ONLY DO THAT IF WE ARE PART OF THE TASK FORCE? THEY WOULD'VE DONE THAT

ANYWAY, RIGHT? >> SURE.

>> SO I'M CURIOUS, IT'S NOT INCONSEQUENTIAL THE AMOUNT OF

MONEY. >> IT ISN'T INCONSEQUENTIAL, BUT WHEN YOU LOOK AT THE OFFICERS SALARIES ABOUT 150,000 SO WE ARE GETTING BACK ABOUT 100,000+ THE BENEFIT OF THE TRAINING THEY PROVIDE THAT TRAINING AND IT HAS BEEN VERY BENEFICIAL FOR THE LAST FIVE YEARS. WILLY ASSIST OTHER AGENCIES, YES. HAVING AN INVESTIGATOR ON THERE, IT GIVES

US PRIORITY. SO. >> DO WE ROTATE OFFICERS INTO

THAT POSITION? >> YES, WE JUST ROTATED AN INVESTIGATOR AND THIS IS A NEW POSITION THAT WAS OFFERED TO

US. >> SO THIS IS SOMETHING WHERE WE COULD SEND THEM THERE FOR A PERIOD OF TIME. AND THEN PUT SOMEBODY ELSE IN AND BRING THEM BACK. THAT IS A BENEFIT THAT I

CAN UNDERSTAND. SO. YES. >> MOTION TO APPROVE.

>> MOTION TO APPROVE. UNLESS THERE IS FURTHER QUESTIONS? SECOND BY MISS HAMMONDS. PLEASE VOTE. PASSING 7-0.

[2024-020]

NUMBER 4800-701. >> THIS IS ANOTHER AWARE THAT WE ARE GIVEN THAT WAS EFFECTIVE OCTOBER 1. BECAUSE OF THE HIRING THAT WE WERE DOING IN THE PROGRAM, ANOTHER OPENING, THESE HAVE BEEN ON THE BACK . SO WE BRING IN THESE OPPORTUNITIES TO YOU NOW TO MOVE FORWARD WITH THOSE SENSE WE GET AHEAD OF THAT CURVE. THIS WOULD GIVE US A FULL-TIME OFFICER WORKING WHAT WE CALL THE CRITICAL INTERVENTION RESOURCE UNIT. AND WHAT WE DO WITH THIS UNIT IS FOCUS ON THOSE THAT WE DEAL WITH AND IDENTIFY WITH MENTAL, EMOTIONAL AND/OR PARTICULAR SOCIAL ISSUES ARE HOMELESS SITUATION OR SOMEONE WHO HAS A , WE DEAL WITH AND HAS AN ISSUE WITH MEDICATION OR, WE HAVE TAKEN TO A HOSPITAL FOR EVALUATIONS.

THEY GO ON A LIST IN THIS POSITION AND WE ARE PROACTIVELY KEEPING UP WITH THOSE INDIVIDUALS TO ENSURE THAT THEY ARE RECEIVING MEDICAL CARE AND SUPPORT AND THIS REDUCES THE AMOUNT OF TIMES WE INTERACT WITH THEM ON THE STREET. SO, THIS HAS BEEN VERY EFFECTIVE, WE DON'T HAVE A FULL-TIME POSITION IN IT NOW, THIS GIVES US THAT FULL-TIME POSITION THAT WILL BE WORKING THAT ACTUAL PHASE OF INVESTIGATION

40 HOURS A WEEK. >> QUESTIONS FOR THE CHIEF?

>> I WILL ENTERTAIN A MOTION.

>> IN THIS GRANT I KNOW , I DON'T BELIEVE IT'S GOING TO BE AN ISSUE BUT I WANT TO MAKE YOU AWARE OF THIS. SECTION 1.6 IN THIS GRANT, UNDER SPECIAL CONDITIONS BASICALLY STATES THAT THEY COULD REWRITE THE CONDITIONS ON THIS GRANT AT ANY TIME WITHOUT NOTICE AND WE ARE FORCED TO COMPLY BY THE BY THE

OFFICE OF THE GOVERNOR. >> ALL OF OUR GRANT SITUATIONS WE HAVE POTENTIAL FOR THE GRANT TO EXHAUST WE ARE LARGE ENOUGH NOW WHERE ATTRITION PLAYS A REGULAR ROLE IN OUR DAY-TO-DAY ACTIVITIES SO IF THIS POSITION WAS NO LONGER GRANT FUNDED WE WOULD ABSORB IT WITH ONE OF THE POSITIONS. WE HAVE DONE THIS, WE HAVE HAD THIS TYPE OF SITUATION REALLY SINCE I BECAME CHIEF HERE AND WE STARTED REALLY ACTIVATING OR TAKING ADVANTAGE OF SOME OF THESE GRANTS.

>> WE HAVE TO HAVE THESE POSITIONS. SCHOOL RESOURCE OFFICER, THE SCHOOL REDUCED THE NUMBER OF OFFICERS WE HAD ASSIGNED TO THE SCHOOL DISTRICT AND WE HAVE TRANSITIONED HIM BACK TO ATTRITION. SO, WE WOULD DO THE SAME THING.

>> I GET THAT PART, IT IS JUST THIS CONDITION ON THIS GRANT I

[04:10:08]

>> I HAVE YET TO SEE . >> BECAUSE THEY COULD REWRITE THE GRANT IN ANY WAY THEY WANT.

>> AND WE COULD DECIDE NOT TO PARTICIPATE. SO, FAIR ENOUGH.

FAIR ENOUGH. OKAY. >> DID YOU SAY SOMETHING ABOUT

THE HOMELESS WITH THIS? >> PREVIOUS, YES SIR. YES IT IS. YES, THERE IS A FEW OF THEM UP HERE. COUNCILMEMBER WE WOULD BE, WE DO HAVE A FEW THAT FALL INTO THAT CATEGORY THAT ARE LIVING OFF THE LAND SO WE INTERACT WITH THEM AND TRY TO KEEP THEM IN THE SITUATION WHERE THEY HAVE RESOURCES OR THEY ARE IN A SITUATION WHERE THEY ARE TRESPASSING AND WE TRY TO REMOVE THEM. WITHOUT TOO MUCH FANFARE. AND REALLY DEAL WITH THEM IN A BELOVED THAT WAY AND DEVELOP THE RELATIONSHIP WITH THEM IS VERY EFFECTIVE IN KEEPING THEM IN A WAY OF BEING APPROACHED WITHOUT SOME TYPE OF VIOLENT REACTION.

THIS CASE? HEARING NONE I WILL ENTERTAIN A MOTION. MOTION TO APPROVE BY MRS. HAMMONDS. SECOND BY MR. MOORMAN. FURTHER DISCUSSION? PLEASE VOTE. PASSING 7-0. OPENING ITEM

[2024-021]

VICTIMS OF CRIME ACT . >> OUR CURRENT CRIME VICTIM ADVOCATE WAS ORIGINALLY ONE OF THESE GRANTS AND SO EFFECTIVE THAT WE WERE ABLE TO BRING HER ON FULL-TIME. AGAIN, WITH THE CRE YOU A LOT OF WHAT SHE DOES IS FIND VICTIM RELIEF AND SUPPORT AND ANOTHER THING THAT OUR CURRENT GRANT FOR CURRENT ADVOCATE DOES IS WORK WITH OUR DOMESTIC VIOLENCE , THE HEIGHT AND OTHER ORGANIZATIONS MAKING SURE THAT THEY ARE GETTING THE RESOURCES THEY SHOULD. WE ARE JUST GOING TO THE NUMBER WHERE WE CAN ACTUALLY EMPLOY MORE THAN ONE WITH A NUMBER OF INDIVIDUALS WHO ARE DEALING WITH ON A WEEKLY BASIS. SO FINDING RESOURCES IS A CHALLENGE PARTICULARLY IN ELLIS COUNTY, WHAT ARE ADVOCATE DOES AND WORKED WITH SEVERAL PEOPLE ONE NAME YOU MIGHT RECOGNIZE , I FORGET HIS PROPER NAME.

FRANK. MILLER. AND SHE WAS ABLE TO PLACE HIM IN A VETERANS HOME OUR CURRENT ADVOCATE AND WORKED WITH OUR VETERANS TO MAKE SURE THEY GET RESOURCES. SO, VERY EFFECTIVE, UNFORTUNATELY AS OFTEN AS WE ARE DEALING WITH A ACCIDENT ON THE HIGHWAY, IT'S VERY HELPFUL FOR OUR ADVOCATE TO GO THROUGH AND HELP THESE VICTIMS WITH SOME OF THE RESOURCES THAT ARE AVAILABLE THROUGH THE STATE PARTICULARLY BECAUSE ELLIS COUNTY IS STILL IN THAT RULE AND WE DO NOT OFFER A LOT AT THIS POINT IN TIME. SHE WAS ALSO RECOGNIZED AS ONE OF THE ONLY ADVOCATES OTHER THAN THE DAS OFFICE IN ELLIS COUNTY AND HER WORK WITH THE HEIGHTS HAS BEEN RECOGNIZED AS WELL. ON THAT LEVEL. SO, THESE ARE VERY EFFECTIVE PROGRAMS. GO RIGHT TO THE HEART OF OUR VICTIMS AND WORK WITH THEM SPECIFICALLY TO MAKE SURE THEY HAVE RESOURCES.

>> OKAY, COUNSEL, QUESTIONS OR COMMENTS ON THIS CASE?

>> SO, THE HEIGHTS WAS REQUESTED THAT WE ACTUALLY PUT AN OFFICER OUT THERE ESSENTIALLY STATION ONE AT THEIR LOCATION, IS THAT THE INTENT OF THIS POSITION TO PUT

THAT PERSON THERE ON SITE? >> AT SOME POINT WE MAY COME HOUSE THE ADVOCATES, I DON'T KNOW THAT THEY WILL BE THERE FULL-TIME BECAUSE NOT ALL OF OUR VICTIMS ARE DOMESTIC VIOLENCE SO THEY FOCUS ON DOMESTIC VIOLENCE PRIMARILY. WE DO HAVE AN INVESTIGATOR WHO FOCUSES ON DOMESTIC VIOLENCE.

THEY DO A LOT OF WORK IN TERMS OF DIAGNOSING THOSE CASES AND WORKING TOGETHER AND THERE IS A POSSIBILITY THAT WE COULD HAVE THE INVESTIGATOR IN A SUBSTATION IF YOU WOULD, AN OFFICE THAT PROVIDES A POLICE PRESENCE ON THAT CAMPUS. WHICH WOULD BE VERY ADVANTAGEOUS FOR THE VICTIMS. SO, WE ARE TALKING ABOUT THAT, WE ARE WORKING WITH THEM ON A DESIGN AT THIS POINT

IN TIME. >> THIS IS NOT THE PLAN?

>> NOT FOR THIS ONE. >> WILL THIS POSITION BE FILLED

WITH OVERTIME? >> THIS IS A PART-TIME SO THIS WOULD ACTUALLY BE A PART-TIME EMPLOYEE. SO BECAUSE IT'S A PART-TIME EMPLOYEE WE WOULD BILL THAT RIGHT UP TO THE

[04:15:03]

>> NO FURTHER QUESTIONS. ENTERTAIN A MOTION.

>> MOTION TO APPROVE. >> MOTION TO APPROVE BY COUNCILMEMBER GARDNER. SECOND BY COUNCILMEMBER HARTSON.

[EXECUTIVE SESSION]

SECTION 551.07 TWO REAL ESTATE DELIBERATION REGARDING THE PURPOSE EXCHANGE OF VALUE OR REAL PROPERTY LOCATED WITHIN CITY LIMITS AND MIDLOTHIAN TEXAS. ITEM NUMBER THREE WHICH IS SECTION 551.087 ECONOMIC DEVELOPMENT DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT AND/OR TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT GENERALLY LOCATED ALONG THE HIGHWAY 287 BYPASS. NUMBER FOUR SECTION 551 POINT 087 ECONOMIC DEVELOPMENT DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT AND/OR TO DELIBERATE THE OFFER TO FINANCIAL OR OTHER INCENTIVE TO BUSINESS PROSPECT PROJECT 2401. AND FIVE, SECTION 55 1.0712

* This transcript was compiled from uncorrected Closed Captioning.