Mar 12, 2024 City Council

[00:00:12]

THE CITY COUNCIL TO ORDER. WE ARE GOING TO SWITCH OUT THE ORDER A LITTLE BIT. I'M GOING TO GO AHEAD AND THAT MR. GARDNER GIVEN VOCATION IN THE PLEDGE OF ALLEGIANCE.

>> DEAR HEAVENLY FATHER, PLEASE LOOK OVER THESE PROCEEDINGS TONIGHT, MAKE SURE THAT WE ARE IN YOUR IMAGE DOING THE GOOD FOR THE COMMUNITY AND ALL WHO WE REPRESENT. PLEASE PUT YOUR HAND ON US, MAKE SURE THE DECISIONS WE MAKE ARE FOR THE BEST INTERESTS OF ALL WHO ARE SERVED. AMEN.

>> NOW WE ARE GOING TO TURN IT OVER TO THE BOY SCOUT TROOP 512 FOR THE PLEDGE OF ALLEGIANCE.

AUDIENCE, PLEASE RISE. SCOUTS, SALUTE. PLEASE PLACE YOUR RIGHT HAND OVER YOUR HEART. COLOR GUARD, FORWARD MARCH.

COLOR GILLARD -- GUARD, HOLD. PLEASE JOIN ME AS WE RECITE THE PLEDGE I PLEDGE ALLEGIANCE OF ALLEGIANCE.

TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

COLOR GUARD, POST THE COLORS. COLOR GUARD, RETURN DRINK.

COLOR GUARD, RETURNED TO POST. COLOR GUARD, HALT. COLOR

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>> HELLO, CITY COUNCIL MEMBERS. MY NAME IS HENRY SIMON, JUNIOR PATROL LEADER OF GROUP 512. ON BEHALF OF BSA TROOP 512 WE WOULD LIKE TO SAY THANK YOU FOR THE NEW DRIVEWAY AND FENCING.

IT HAS MADE THE PARK A LOT SAFER. AS A SIGN OF OUR GRATITUDE, WE WOULD LIKE TO PRESENT YOU WITH THIS PICTURE SIGNED BY ALL THE SCOUTS IN TROOP 512. PICTURE.

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HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

>> THANK YOU TO THE BOY SCOUT TROOP 512. NOW OPEN ITEM 2024

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MY CUE TO COME IN. >> THEY ARE BEHIND THE SCREEN.

SENIOR FIELD REP AT ISO. OUR PARENT COMPANY WITH ANALYTICS, BUT WE STILL FALL UNDER THE ISO READING. I WOULD FIRST LIKE TO SAY CONGRATULATIONS TO THE CITY, THE FIRE CHIEF, EVERYBODY FOR THIS EFFORT. EVERYTHING I ASKED FOR, THEY GOT FOR ME IN A VERY TIMELY MANNER. YOUR CITY IS THE FIRST ISO CLASS ONE CITY AND LS COUNTY. YOU SHOULD BE EXCITED FOR THAT ACHIEVEMENT.

WE HAVE A SLIDESHOW PRESENTATION THAT MY BOSS USUALLY GIVES BUT THEY ARE IN A MANAGERS MEETING IN FLORIDA, SO THEY ARE SUFFERING ALONG THIS WEEK. SO, I AM USUALLY THE PLAQUE PRESENTER, BUT I GET TO PRESENT THE PRESENTATION. YOU ARE THE NEWEST CLASS ONE COMMUNITY IN TEXAS. ISO EVALUATES ALMOST 46,000 APARTMENTS ACROSS THE COUNTRY.

LIKE THE CHIEF SAID, IT IS NOT JUST AN EVALUATION OF THE FIRE DEPARTMENT, THE FIRE DEPARTMENT IS HALF THE SCORE. 40% OF THE SCORE IS THE WATER DEPARTMENT. 10% OF THE SCORES -- IT IS A COOPERATIVE EFFORT BETWEEN THE POLICE, FIRE IN THE WATER SYSTEM. THE BETTER THE RATING ON A SCALE OF ONE TO 10, I WILL PROBABLY GET AHEAD OF THE SLIDES. WE RATE ON A SCALE OF ONE TO 10. 10 BEING NO RECOGNIZED FIRE PROTECTION.

LIKE I SAID, IT IS NOT JUST THE FIRE DEPARTMENT READING, WE USE STANDARDS, ACCEPTED NATIONAL STANDARDS WITH COMMUNICATIONS AND AMERICAN WATER WORKS. EVERYBODY STARTS WITH ZERO AND WE ADD UP THE POINTS. IF YOU FALL BETWEEN 90 AND 100 POINTS -- THAT IS REAL RARE. YOU END UP WITH THE CLASS WHEN DOUG -- DESIGNATION. OUT OF 45,000 APARTMENTS, THERE ARE 498.

PROBABLY 500 STILL 500 DEPARTMENT OUT OF THOSE 26,000.

YOU ARE IN A VERY ELITE COMMUNITY AT THIS POINT. IN TEXAS, WE ARE OUT ABOUT 100 CLASS ONE COMMUNITIES ACROSS THE STATE. LIKE I SAID, IT IS A DETERMINATION. FIRE CODE, FIRE INVESTIGATION AND FIRE PREVENTION PROGRAMS. WE LOOK AT THE EMERGENCY COMMUNICATIONS. HOW QUICKLY DO THEY ANSWER 911

[00:10:04]

COMMUNICATIONS, OUT OF 10 POINTS YOU SCORED 9.84. THAT IS AN EXCELLENT SCORING MEDICATIONS. THE FIRE DEPARTMENT, WE DON'T ONLY LOOK AT THE FIRE TRUCKS, THE BIGGEST BACK YOURS ARE WHERE THE STATIONS ARE LOCATED. I'M PROBABLY AHEAD OF MYSELF. THE MAJORITY OF THE SCORE. SO, OUT OF THE 50 POINTS, IF WE LOOK, THE PERFECT SCORE IS SIX OUT OF SIX. ALL OF THE EQUIPMENT WAS FULLY EQUIPPED. IS THERE NOT A RESERVE LETTER? I GUESTS NOT. OKAY. THE 10 POINT ITEM, THAT IS THE COVERAGE OF THE FIRE STATION. THERE IS STILL ROOM FOR IMPROVEMENT THERE. AS THE CITY GROWS, IT WILL TAKE MORE FIRE STAFF. I KNOW THERE IS A LOT INVOLVED. IT SEEMS TO BE A LOT OUT OF THE WEST SIDE. THE TRAINING, 8.51. OVERALL, A GREAT SCORE FOR THE FIRE DEPARTMENT. THAT 40 POINT ITEM, 30 POINTS FOR THE WATER THAT IS AVAILABLE OUT OF THE FIRE HYDRANTS. 25.71 OUT OF THE 30 POINTS. THE HYDRANTS ARE ALL EVERYTHING THAT WE ASK FOR. THE LAST THING WE LOOK AT, THIS IS A FIVE .5 POINT ITEM. PRESENTED IS BETTER THAN QUICKLY PUT OUT. THESE ARE THE PROGRAMS THAT HELP PREVENT FIRES. YOU SCORED FIVE .07, ANOTHER GREAT SCORE. OVERALL WE SCORED 91.23. THAT IS OUT OF 105 .5 POINTS. THE MAIN AREA IS MORE STATIONS AS THE CITY GROWS. THIS IS A WEBSITE THAT IS AVAILABLE TO THE FIRE DEPARTMENT, IT SHOWS YOUR SCORE AND THE BREAKDOWNS OF HOW YOU PREPARE YOUR COMMUNITIES IN THE STATE AND ACROSS THE NATION. IT ALSO BREAKS DOWN ALL OF THE ELEMENTS OF HOW THOSE SCORES WERE DETERMINED. LASTLY, MY PART OF IT, WE ARE PROUD TO PRESENT YOU WITH A PLAQUE AS THE NEWEST CLASS ONE. THE STATE FIRE MARSHAL IS GOING TO COME OUT AND WE WILL DO THEM ALL AT THE SAME TIME. BUT THANK YOU

ALL AND CONGRATULATIONS. >> THANK YOU FOR THAT, MR. EDWARDS. GOOD EVENING, MY NAME IS JOEL DUKE. I AM THE DEPUTY STATE FIRE MARSHAL WITH THE OVERSIGHT OFFICER WITH THE STATE FIRE MARSHAL'S OFFICE, THE DIVISION OF TEXAS INSURANCE. I AM JOINED HERE TONIGHT BY THE ASSISTANT STATE FIRE MARSHAL. HE IS IN THE BACK HERE TO CELEBRATE THE ACCOMPLISHMENT THAT MIDLOTHIAN HAS ACHIEVED. I WOULD LIKE TO CONGRATULATE THE FIRE DEPARTMENT, THE COUNCIL, CITY MANAGER, POLICE DEPARTMENT, WATER DEPARTMENT, EMERGENCY COMMUNICATIONS DEPARTMENT, PUBLIC WORKS, AND ALL OTHER PUBLIC SERVANTS INVOLVED IN BECOMING THE CLASS ONE RANKING.

CONGRATULATIONS. WE UNDERSTAND THE COMMITMENT IT TAKES TO ACHIEVE THIS GOAL AND WE ACKNOWLEDGE YOUR HARD WORK AND DEDICATION. AT THE TEXAS STATE FIRE MARSHAL'S OFFICE, OUR MISSION STATEMENT IS TO REDUCE THE LOSS OF LIFE AND PROPERTY THROUGH PREVENTION, EDUCATION AND PROTECTION. THANK YOU FOR HELPING US ACHIEVE THESE GOALS BY PROVIDING SUPERIOR FIRE SERVICE TO THE CITIZENS OF MIDLOTHIAN. ON BEHALF OF THE TEXAS STATE FIRE MARSHAL, CHIEF DEBORAH KNIGHT, THE COMMISSIONER OF THE TEXAS DEPARTMENT OF INSURANCE, COMMISSIONER KATHY BROWN. I CONGRATULATE YOU ON THIS ACHIEVEMENT AND PRESENT YOU WITH YOUR CLASS ONE PLAQUE AND I INVITE JEFF EDWARDS BACK UP HERE TOO FOR THIS PRESENTATION.

IF YOU WOULD LIKE TO TAKE A PHOTO.

>> IT HAS BEEN A BUSY AFTERNOON. WE HAD FIVE AMBULANCE CALLS COMING IN 20 MINUTES. WE ARE DRIVING AROUND WITH THAT STICKER THAT SAYS FIRST IN ELLIS COUNTY. TO BE HONEST WITH YOU, I AM THE GUY THAT TURNED THE PAPERWORK IN. I DID NOT HAVE MUCH TO DO WITH THIS. THE PEOPLE THAT ARE IN IT ARE OUT THERE ON THE STREETS RIGHT NOW, RUNNING THE CALLS

[00:15:02]

GET A PICTURE. >> YEAH. HOLD THEM UP .

>> I WAS GOING TO DO THAT EARLIER BUT THE NOISE.

>> I DO. TALK AMONGST YOURSELVES, WE WILL BE DONE IN JUST A SECOND. JOEL ALREADY HAS HIS OUT. OH, THAT WILL PROBABLY SHOW UP IN THE PICTURE.

>> WE WILL DO THEM SEPARATE. >> CONGRATULATIONS.

>> THANK YOU. THANK YOU TO ALL OF THE FIRST RESPONDERS OUT

[2024-084]

>> THIS WILL NOT BE AS MUCH FUN. ALL RIGHT., GOOD EVENING COUNSEL. BEFORE YOU, I MENTIONED THIS ABOUT FOUR WEEKS AGO FOR YOU TO READ BEFORE WE ACTUALLY PRESENTED. THIS IS AN ANNUAL EVENT FOR US, IT IS REQUIRED. IT CAPTURES ALL OF THIS INFORMATION. WE ARE OBLIGATED TO PROVIDE IT BY MARCH 1ST AND GET THIS INFORMATION TO EVERYBODY BY MARCH 1ST. YOU HAD THE PRESENTATION BEFORE MARCH 1ST.

RACIAL PROFILING LAW BEGAN AS YOU KNOW, BACK IN 2001. PASS THAT INFORMATION ON TO YOU IN HIS LETTER TO THE COUNCIL. THEN HE WENT INTO THE INFORMATION THAT WE ARE OBLIGATED TO COLLECT EVERY YEAR ON OUR STOPS. HE DOES AN ANALYSIS ON THAT TO DETERMINE WHETHER OR NOT THERE ARE ANY OUTLIERS THAT INVOLVED RACE-BASED POLICING. YOU WILL SEE A LOT OF INFORMATION ON THE SEARCH CATEGORIES WITHIN THE REPORT ITSELF. SO WE JUST WANT TO GO THROUGH THAT WITH YOU REALLY QUICK. THIS WAS PASSED IN 2017. IT WAS A TERRIBLE SITUATION SHE FELT, HER MOTHER FELT THAT THE WORK WAS SO IMPRESSIVE THAT SHE FELT COMPELLED TO WRITE HIM THIS LETTER. SHE COMMANDS THE AGENCIES THAT WORK WITH HIM. THAT WAS A NICE STATEMENT FOR THE WORK. THE TABLE OF CONTENTS -- WE ARE REALLY JUST GOING TO GO THROUGH THE NUMBERS PRIMARILY WE ARE TALKING ABOUT HIS ANALYSIS, AS WELL. WE COLLECT INFORMATION AND COMPLAINTS BASED ON TRAFFIC STOPS ANY TYPE OF A COMPLAINT THAT ALLEGES RACE-BASED ACTIONS BY THE OFFICER, WE HAVE TO PROVIDE THAT TO THE STATE. IN 2023 WE DID NOT RECEIVE A RACIAL PROFILING COMPLAINT. THE DATA THAT IS CAPTURED, WE HAD A TOTAL OF 14,000 STOPS, YOU CAN SEE WE BREAK THAT DOWN BY

[00:20:04]

STILL OVER 50% OF OUR CONTACTS ARE FROM WHITE ETHNICITIES.

INAUDIBLE ] 20% AS LATINO AND HISPANIC. THIS IS ANOTHER CATEGORY THAT WE KEEP UP WITH ON AN ANNUAL BASIS. AS YOU CAN SEE IT IS BROKEN DOWN BY ETHNICITY, AS WELL AND TYPES OF SEARCHES. THESE ARE CONSENT SEARCHES AND THERE IS ANOTHER CATEGORY THAT IS BASED ON PROBABLE CAUSE, IN WHICH THEY SEE CONTRABAND OR THEY SMELL CONTRABAND AND THEY MAKE THAT SEARCH BASED ON THEIR ABILITY. WE CONDUCTED 265 SEARCHES LAST YEAR WITH HUNDRED AND 11 BEING BLACK DRIVERS. 82 BEING WHITE DRIVERS AND 71 THAT WERE HISPANIC. CONSENT SEARCHES, THIS IS WHERE AN OFFICER MAKES A REQUEST TO SEARCH WITHOUT A COMPELLING SITE OF CONTRABAND OR ANY OTHER REASON. THEY FEEL LIKE THERE MAY BE CONTRABAND IN THE CAR. SO WE ARE ASKING FOR CONSENT. WE ONLY HAD 23 OF THOSE. PRIMARILY ON WHITE DRIVERS. SIX HISPANIC AND TWO AFRICAN-AMERICAN DRIVERS. OUT OF THOSE SEARCHES, WE CAME BACK TO 68 ARRESTS. WE TRACKED INSTANCES WHERE PEACE OFFICERS USED FORCE THAT RESULTED IN BODILY INJURY IN A TRAFFIC CONTACT OF THE VEHICLE. WE ONLY HAD TWO OF THOSE LAST YEAR. ONE WAS INVOLVING THE INITIAL STOP BEING A WELFARE CHECK. THE SECOND STOP WAS A DISTURBANCE.

SO, WE DO NOT SEE THAT VERY OFTEN. WE DON'T USUALLY GO TO THE USE OF FORCE DURING AN ARREST DURING A TRAFFIC STOP.

WE TRACK THAT VERY SPECIFICALLY . CONTRABAND FOUND, CONTRABAND NOTE. ARREST MADE. HISTORICALLY, CONDUCTING SEARCHES ON CONTRABAND BASES BUT IT IS NOT A LARGE PERCENTAGE OF OUR STOPS. WE MADE OVER 15,000 STOPS LAST YEAR. THE ONLY 365 CARS. OKAY. FOUR TIMES EACH YEAR -- INAUDIBLE ] THE INFORMATION FROM OUR TRAFFIC STOPS. GOT THAT DATA. ONE OF OUR ANALYSTS . HE VALIDATES THE DATA AND MAKE SURE IT IS ACCURATE. HE WILL ENSURE THE DATA IS GOING INTO THE ANNUAL REPORT. REASON FOR ARREST, PRIMARILY OUT OF

[00:25:11]

IF WE FIND THAT THERE IS A VIOLATION OF LAW WITH THE TRAFFIC ARREST. WE DON'T DO A LOT OF THAT, AS YOU CAN SEE.

THIS LAST YEAR, THERE HAS BEEN SLOW DOWN ON THAT WITH DIFFERENT DEPARTMENTS AND FACILITIES. SO, CONTRABAND RATE, AS YOU CAN SEE, PRETTY EFFECTIVE TO MAKE A SEARCH.

RESULTING IN CONTRABAND. I'M SORRY. 62 WHITE AND 63 WERE LATINO AND HISPANIC. IT IS PRETTY EVIDENT WHAT THEY WILL DO IF THEY SEE CONTRABAND, THEY WILL MAKE THAT SEARCH AND TAKE POSSESSION OF IT. THE SUMMARY OF FINDINGS, I WILL NOT BE ABLE TO READ THAT THROUGH HERE. LET ME PULL IT UP HERE IN CASE YOU HAVE ANY QUESTIONS ABOUT THIS. SO, THE DATA WITH COMPARATIVE ANALYSIS COMPLETED EVERY YEAR IS BASED ON INFORMATION HE PULLS FROM A DATA SEARCH ON HOUSEHOLDS THAT HAVE THE ABILITY TO HAVE ACCESS TO A VEHICLE. THAT IS WHERE OUR PERCENTAGES ARE BASED ON. AS YOU CAN SEE, THE ANALYSIS WITH HIS INFORMATION AND WHERE THE CONTRABAND WAS FOUND, THE PATROLLING FOR RACE ENOUGH -- ETHNICITY. SEARCH PRACTICES CONSISTENT WITH NATIONAL TRENDS IN LAW ENFORCEMENT. WE WILL GO INTO THE LAST PARAGRAPH, THE COMPREHENSIVE DATA ANALYSIS HAS COMPLIED WITH RACIAL PROFILING LAW IN ALL OF ITS REQUIREMENTS.

INCORPORATED A COMPREHENSIVE RACIAL PROFILING POLICY. HOW TO FILE A COMPLAINT OR COMPLEMENT, DATA AUDITS WITH VALIDITY, LIABILITY, COLLECTS AND COMMISSIONS WITH TIER TWO DATA I DID NOT GO INTO IT, IT HAS BEEN ONE OF THE LEADING RESEARCHERS IN THIS FIELD. HE IS INVOLVED WITH MANY OF THE LAW ENFORCEMENT TRAININGS THAT AFFECT RACIAL PROFILING AND OTHER PROFESSIONS. AGAIN, THIS IS SOMETHING THAT WE HAVE BEEN DOING SINCE 2002, I BELIEVE. BETWEEN MY TIME IN DESOTO AND HERE WE HAVE BEEN DILIGENT WITH THESE COMPLICATIONS. I FEEL LIKE OUR OFFICERS UNDERSTAND, NOT ONLY THE POLICY, BUT THE INTENT BEHIND THE LAW IN RESPECT TO WHAT IT IS INTENDED FOR AND DOING AN EXCELLENT JOB ON FOCUSING ON VIOLATIONS AND NOT THE ETHNICITY OF THE DRIVER. SO, IF YOU HAVE ANY QUESTIONS ABOUT THE REPORT ITSELF WE WILL BE GLAD TO GET

YOU THOSE. >> ANY QUESTIONS?

>> THANK YOU. >> ALL RIGHT. DO YOU WANT TO DO ANYTHING WITH THAT? OKAY. THANK YOU, CHIEF. CITIZENS TO

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[CONSENT AGENDA]

[00:30:02]

>> MOVING ON TO THE CONSENT AGENDA, CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.

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

ANYTHING -- OR EMOTION? >> A MOTION BY APPROVED.

[2024-092]

BUILDING. >> COUNCILMEMBERS , I WILL MAKE THIS PRETTY BRIEF. THE PLANNED DEVELOPMENT ALLOWS ONE SIGN PER TENANT IN THE WAY THAT THE APPLICANT WANTS TO BREAK OUT THE SIGNAGE, THEY WANT TO HAVE THE SIGNED WRITER SEPARATE.

TECHNICALLY TWO SIGNS PER TENANT. ALLOWED IN ADDITION TO THOSE TWO SIGNS. ALL OF THE OTHER REQUIREMENTS WILL BE MET.

THEY HAVE 567 TOTAL SQUARE FEET. 600 SQUARE FEET IS ALLOWED. SO, 33 SQUARE FEET UNDERNEATH WHAT IS ALLOWED.

THIS IS HOW IT WILL LOOK. THE PURPOSE OF THE SIGN ORDINANCE IS TO REDUCE CLUTTER AND IMPROVE VISIBILITY CORRIDORS.

WE FEEL IT MEETS THE REQUEST OF THE ORDINANCE. ANY QUESTIONS?

>> DO WE HAVE ANY SPEAKERS? DO WE HAVE A MOTION CLOSE A PUBLIC

HEARING? >> I MAKE A MOTION TO CLOSE THE PUBLIC HEARING. WHEN A MOTION AND A SECOND . PLEASE VOTE. IT PASSES 5-0. COUNSEL, ANY FURTHER DISCUSSION?

>> I WILL MAKE A MOTION. >> I MOTION TO APPROVE THIS .

>> COUNSEL, PLEASE VOTE. >> THAT ITEM PASSES. NOW

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CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON IN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF LAND IN THE -- AMENDING REGULATIONS WITH PLAN DEVELOPMENT NUMBER 98 TO ALLOW ADDITIONAL USES INCLUDING BUT NOT LIMITED TO A GROCERY STORE, CONVENIENCE STORE, WAREHOUSE, RESTAURANTS OVER 1000 SQUARE FEET AND OTHER SERVICES.

>> GOOD EVENING. WITH THIS REQUEST AT THIS NORTHEAST CORNER OF WALNUT GROVE WE HAVE THE EXISTING PLAN DEVELOPMENT KNOWN AS 8098. EVER SINCE THAT WAS CREATED BACK IN 2017, THE RESIDENT VISION TO HAVE NONRESIDENTIAL AND THEN WAS SPECIFICALLY GIVEN THE BASE ZONING OF GENERAL PROFESSIONAL AND COMMUNITY RETAIL. SO, JUST TO BE CLEAR, THERE ARE SOME QUESTIONS FROM THE PUBLIC OF WHY IS THIS HAPPENING. THE SPECIFICS THAT NOW HAVE COME IN ARE DIFFERENT. THE IDEA THAT THIS WOULD BE ANYTHING OTHER THAN NONRESIDENTIAL, WHAT HAS BEEN ENTITLED ON THAT LAND SINCE 2017. NOW, WITH RESPECT TO WHAT THE APPLICANT HAS BEEN ASKING FOR, SOME OF THE MAJOR TWISTS IS THE GROCERY STORE, THAT IS THE MAJOR USE. THE CONVENIENCE STORE, SOME OF THE STORE RESTAURANTS ARE OVER 1000 SQUARE FEET. THIS IS NOT TO SAY THERE IS ANYTHING PARTICULARLY WRONG WITH THAT. IT IS JUST MORE INTENSE. IT ALSO DEPENDS ON GENERATING MORE TRAFFIC. WE WILL GET TO THAT PART IN JUST A MINUTE. BUT THERE ARE SOME ADDITIONAL USES. THOSE WERE NOT

[00:35:01]

SOMETIMES HE WORRY ABOUT THE WHAT IF'S. SO, THERE IS NOTHING IN THIS ORDINANCE THAT IS GOING TO SAY THE GROCERY COULD NOT SEPARATE THAT. THAT IS GOING TO BE FOR A CONVENIENCE STORE WITH GAS PUMPS IF YOU WERE TO APPROVE IT. SO, IF IT IS ASSOCIATED WITH THE GROCERY STORE OR NOT.

THAT IS JUST SOMETHING TO BE AWARE OF. BACK HERE WOULD BE THE MINI WAREHOUSE STORAGE. OVER HE WOULD BE A MULTITENANT RETAIL CENTER. MY UNDERSTANDING, THE APPLICANT IS HERE TONIGHT. MY UNDERSTANDING THAT IT IS IMPORTANT FOR THEM TO THE GROCERY STORE, THE CONVENIENCE WITH THE GAS PUMPS AND THE MULTITENANT, IN PARTICULAR SOMETHING THAT IS A PRIORITY FOR THEM AND THAT IS ALSO PART OF THE ZONING WITH PHASE ONE AND PHASE TWO PART OF THE PROJECT. AGAIN, THE PARCELS AND THE MINI WAREHOUSE IS MORE OF PHASE THREE. THAT IS MORE TOWARDS THE END OF THE PROJECT. SPEAKING OF PHASES, THE YELLOW GIVES YOU PHASE ONE. SO, IT WOULD COME IN PRIOR TO EVEN CONSTRUCT ANYTHING. THE DETENTION FUND UP HERE WITH THE MAINSTREET WALL BETWEEN RESIDENTIAL, EXTENDING THE SIDEWALK ALONG HERE AS WELL AS A LONG OVER THERE. THAT WOULD ALL BE PART OF PHASE ONE. THE BLUE WOULD BE PHASE TWO.

GROCERY STORE, CONVENIENCE, GAS PUMPS, MULTI FAMILY. WHEN IT COMES TO THE LANDSCAPE PLAN AND WE WILL GET TO SOME OF THE DIFFERENCES BETWEEN WHAT THE APPLICANT NEEDS TO DO AND WHAT STAFF IS GOING TO ASK ME ABOUT. IN THE ORDINANCE WE WOULD NORMALLY REQUIRE THE TREES BE PLACED WITHIN A 10 FOOT LANDSCAPE EASEMENT OUTSIDE OF ANY OTHER EASEMENT. WHILE HE HAS AGREED TO DO THAT, THE ISSUE IS TIMING. THAT MIGHT ALSO BE ONE OF THE SECONDARY THEMES WITH THIS REQUEST, TIMING ISSUES. SO, STAFF HAD PUSHED FOR THE IDEA THAT BEFORE YOU GET YOUR FIRST BUILDING PERMIT, YOU OUGHT TO PUT IN THAT OTHER PERIMETER LANDSCAPING. THE APPLICANT WILL TALK TO YOU ABOUT THAT ON A MINUTE. HE IS PROPOSING THE IDEA, IF I RENUMBER CORRECTLY, IT WOULD WORK BETTER FOR HIM.

IT IS NOT IDEAL, BUT THAT MIGHT BE OKAY. THE MAIN IDEA IS WHAT WE DON'T WANT TO HAPPEN IS IF SOMETHING COMES IN SEPARATELY AND YOU GET SECTIONS OF PERIMETER LANDSCAPING IN DIFFERENT TIME PERIODS. MY EXPERIENCE HAS BEEN THIS HAS BEEN PUT IN AT THE SAME TIME EARLY ON. WE CAN DEBATE WHAT IS EARLY ENOUGH, BUT WE WOULD RATHER THEM ALL GO AND AT THE SAME TIME. THESE WERE ALL IN YOUR REPORT SO I WILL NOT BELABOR IT. THESE ARE ELEVATIONS OF THE GROCERY STORE. ELEVATIONS OF THE CONVENIENCE STORE AND FUEL PUMPS. MORE ELEVATIONS OF THE MINI WAREHOUSE. SORRY. THE MULTITENANT -- THIS NOTES WHERE THEY WOULD PUT FIVE SIGNS. ONE OF THE ISSUES THAT PNC HAVE IN THEIR RECOMMENDATION, THE APPLICANT IS ASKING FOR 215 FOOT SIGNS AND PNC WAS RECOMMENDING THAT THEY ONLY HAVE THE ONE. IT WOULD BE FIVE FOOT TALLER THAN OUR NORMAL ORDINANCE. 1387 IS A HIGHER-SPEED STREET. HAVING 15 FOOT, STAFF WAS FINE WITH IT, PNC WAS NOT. THIS IS AN EXAMPLE OF THE PRICIER SIGN, AS I UNDERSTAND, IT WOULD BE LOCATED HERE. UP NEAR THE ENTRANCE OF THE GROCERY STORE, THERE WOULD BE A PLACE FOR 4 ELECTRIC VEHICLE CHARGING STATIONS. THERE WOULD BE SOME PANEL L.E.D.S ATTACHED TO THE CHARGING STATION. THE IDEA OF

[00:40:07]

IT DOES FIND 200 ARTERIAL ROADS. THE ROADS ARE JUST NOT FULLY BUILT OUT TODAY. THOSE ARE 120 FOOT RIGHT-OF-WAY AND WOULD HAVE SIX LANES EITHER WAY WHENEVER THEY ARE FULLY BUILT OUT. AT SOME POINT IN THE FUTURE, THIS KIND OF DEVELOPMENT WOULD BE WELL-SUITED BY SIX LANES EACH WAY. NEAR THE HIGH SCHOOL, NEAR THE CHURCH, IT IS FAR ENOUGH AWAY THAT IT WOULD SATISFY THE DISTANCE REQUIREMENTS FOR ALCOHOL SALES FOR THE GROCERY STORE IN CONVENIENCE STORES.

THEY WOULD BE FAR ENOUGH AWAY. I DON'T BELIEVE THE OUT PARCELS ON THE WEST SIDE, BUT DEFINITELY THE GROCERY STORE THEY WOULD SATISFY THOSE REQUIREMENTS. ONE OF OUR LAND-USE GOALS IS TO ENSURE COMPATIBILITY WITH SURROUNDING LAND USES AND BUILDING SCALE AND TRAFFIC IMPACTS. ONE OF THE BIG ISSUES IS TRAFFIC IMPACTS. FROM T.I.A., THE RED AREA IS WHERE THE LEVEL OF SERVICE IS A PROBLEM. THE YELLOW BOXES AROUND IT ARE SHOWING WHERE IT IS A PROBLEM WITH OUR ORDINANCE BECAUSE OUR ORDINANCE IS IF YOU ARE ONE OF THESE LEVELS OF SERVICE THEN YOU CANNOT DROP MORE THAN ONE LETTER GRADE. SO DURING THE PART WHERE THESE ROADS ARE NOT FULLY BUILT OUT, IT IS FALLING BELOW. NOW, WHEN THE ROADS COME UP TO BEING NOT FULLY BUILT OUT, BUT CLOSER TO BUILT OUT, THE ROAD IMPROVEMENTS, IT COMES BACK UP TO AN ACCEPTABLE RANGE. OF COURSE, THE ISSUE IS THEN -- MAY BE A CITY STREET BUT THAT IS OUR TIMELINE, NOT NECESSARILY BE DEVELOPERS. AS FAR AS SOME FEEDBACK FROM PROPERTY OWNERS, THERE HAS BEEN A LITTLE BIT. GENERALLY SPEAKING 13 IN FAVOR AND 26 OPPOSED. WHAT I HAVE GOT BROKEN DOWN HERE IS WITHIN 200 FEET OF OUR PROPERTY OWNER NOTICE AREA WE HAVE GOT TWO PEOPLE IN FAVOR AND 12 OPPOSED. OF COURSE, WE HEARD FROM PEOPLE. THE ONE THAT ARE IN FAVOR LIKE THIS IDEA.

HAVING A GROCERY STORE CLOSER TO HOME. THEY DO NOT NECESSARILY TEND TO BE THE PEOPLE THAT MIGHT BACK UP TO IT BUT THEY MIGHT JUST BE A STREET OVER. SO, FURTHER AWAY EVEN.

MORE THAN A MILE AWAY BUT THEY ARE HAVING TO DRIVE SOMEWHERE ELSE. HAVING A GROCERY STORE, I MEAN STAFF IS NOT SAYING IT IS A BAD IDEA, THE MAIN ISSUE IS THE TRAFFIC IMPACT. THEN, IN THE TERMS OF OPPOSITION, EVEN FROM THE OPPOSITION, THE TRAFFIC CONCERNS ABOUT SAFETY AND FOR KIDS IN SCHOOL. LIGHT POLLUTION, THE WILDLIFE, ALL OF THESE KINDS OF THINGS. THE NOISE, THE ODOR THAT MAY BE GENERATED. I WILL NOTE, THE APPLICANT DID -- LET ME BACK UP HERE. I BELIEVE THIS IS A 50 FOOT LANDSCAPE OFFER. THIS BUILDING I BELIEVE IS 80 FEET OR MORE AWAY FROM THE PROPERTY LINE. THEN OVER HERE, I BELIEVE IT IS AT LEAST 50 FEET AS WELL FOR THE MINISTORAGE. SO, JUST TO SAY, THE APPLICANT DID PUSH THESE BUILDINGS A PRETTY GOOD DISTANCE. IN SOME CASES, MORE THAN WE HAVE ASKED FOR SOME OTHER SITUATIONS TO KEEP THE DISTANCE TO BE A BETTER NEIGHBOR TO THAT RESIDENTIAL THE RECOMMENDED DENIAL TO APPROVE WITH STAFF SUGGESTIONS AND A FEW OF THEIR OWN RECOMMENDATIONS WITH THE BREAKDOWN HERE. WHAT STAFF SUGGESTED IS THE IDEA OF THE PRIVITY -- PERIMETER TREE IS

[00:45:02]

THE IDEA WITH THAT IS MAKE IT MORE CONDUCIVE TO SHARING THE PARKING. THEY ARE GOING TO BE OVER PARKED ALREADY, QUITE A BIT, FOR A GROCERY STORE. SO, YOU KNOW HOW PEOPLE ARE OUR -- THEY ARE GOING TO PARK WHEREVER THEY WANT TO PARK. IF YOU KEEP THEM GROUPED TOGETHER IN CLUSTERS, IT MAKES IT MORE LANE EFFICIENT, ALSO TO ENSURE THAT PARKING. THINKING OF IT FROM A PLANNING PERSPECTIVE, WHAT ARE YOU EXPERIENCING, WHAT DO YOU SEE ALONG THE ROAD? SO, COME DOWN 13 87 AND I AM HEADING HOME THE IDEA WOULD BE IF THE BUILDINGS ARE CLOSER TO THE ROAD THERE IS NO PARKING. IT IS A BETTER -- BIT OF A SOFTER EVENT WHERE THERE ARE TWO ROSA PARKING. SO, JUST TO GIVE A SOFTENING EFFECT. IT IS ALSO A VISUAL CUE TO DRIVERS. THIS MAY BE 120 FOOT RIGHT-OF-WAY, BUT IT IS 120 FEET WIDER. THAT IS A PRESIDENTIAL FIELDING AREA. IT HELPS TO GET THE TRANSITION.

SO, THAT WAS JUST A SUGGESTION. WE ARE TRYING TO ENHANCE THE LAND USE COMPATIBILITY AND ADD IT TO THE LIST. STAFF HAD MENTIONED 330 FOOT DRIVEWAY SPACING. THAT IS THE STANDARD IN THE ORDINANCE ON WALNUT GROVE ROAD FOR THEM TO DO THEIR LOT DESIGN THEY NEED TO BE AT 280. IT IS A 50 FOOT VARIANCE.

THEY ARE GOING TO MANAGE THE PROPERTY SO THEY ARE WILLING TO FILE A DECLARATION INSTEAD OF ESTABLISHING THE POA. I MISUNDERSTOOD THAT THAT WAS SOMETHING THEY ARE WILLING TO DO. SO, THAT WOULD BE FINE WITH THE DECLARATION STATING THEIR RESPONSIBILITIES TO MANAGING THE PROPERTY WITH THE COUNTY.

TRAFFIC SIGNAL OPTIMIZATION AT WALNUT GROVE ROAD. THAT WOULD BE A CONDITION OF THE PD IF IT WERE APPROVED. IT IS SOMETHING TO COMMENT LATER, NOT EARLY. THIS IS MORE OF WHEN YOU GET INTO PHASE TWO OF THE DEVELOPMENT, MAYBE PHASE THREE.

THERE IS THAT OPPORTUNITY TO TRY AND MAKE SURE THAT WE ARE MITIGATING THE TRAFFIC AS BEST THAT WEEKEND. AGAIN, IF THIS WERE APPROVED AND ALL OF THAT. TWO NORTHBOUND RIGHT FOUND DECELERATION LANES. THAT WAS NOT IN THE T.I.A.. WE CLARIFIED THE EV CHARGING SIGNS, THAT IS A MEASURE OF BRIGHTNESS. THIS, I BASICALLY PULLED FROM THE NIGHT SKY STANDARDS IF YOU'RE TRYING TO FOLLOW THOSE WHERE THEY DO 1 TO 6 ZERO FOUR SIMPLICITY ROUNDED UP TO 200 AS A REFERENCE POINT FOR OUR DIGITAL SIGNS, OUR MAX IS 500. THIS IS STILL WELL BELOW 500 AT 200. AGAIN, YOU ARE NOT TRYING TO ADVERTISE HUNDREDS OF FEET AWAY OR A MILE AWAY. YOU DO NOT HAVE TO BE THIS BRIGHT. THE PLANNING AND ZONING RECOMMENDATIONS WERE TO SAY YES TO ALL OF THE STAFF RECOMMENDATIONS BUT THEN ALSO, THEY WERE CONCERNED ABOUT HAVING 215 FOOT SIGNS SO THEY WERE SUGGESTING THAT IT ONLY BE ONE. LIMIT THE DRIVE-THROUGH'S TO WHERE THE GROCER, HAVING A DRIVE-THROUGH FOR THE PHARMACY, THE PICKUP WINDOW AT THE GROCERY STORE. ALSO, THEY HAVE ONE DRIVE-THROUGH FOR A RESTAURANT AND ONE DRIVE-THROUGH FOR A NON-RESTAURANT. THAT WOULD BE IT. THEY SAID THE APPLICANT IS HERE. THEY HAVE GOT SOME SLIDES READY WHENEVER YOU ARE READY TO ASK THEM SOME QUESTIONS. SO, WITH THAT, I WILL BE HAPPY TO ANSWER ANY QUESTIONS.

>> LET THE APPLICANT SPEAK AND THEN A PUBLIC COMMENT, IF THEY

HAVE ANY QUESTIONS. >> THAT IS FINE.

>> ONE QUICK QUESTION. WHAT YOU ARE SAYING THE ONLY STAFF REASON THAT THEY ARE NOT RECOMMENDING APPROVAL IS

BECAUSE OF THE TRAFFIC? >> IT IS ABOUT THE TRAFFIC, YES

SIR. >> THANK YOU.

[00:50:03]

>> COME UP AND GIVE THEIR PRESENTATION.

>> I GET THE ZEROS WRONG. >> GOOD EVENING, I AM WITH THE DEVELOPER FOR THE PROPOSED PROJECT. WE HAVE MET WITH NEIGHBORHOOD ASSOCIATIONS AND ANSWERED ALL OF THEIR QUESTIONS. WE WORK VERY CLOSELY WITH BRIAN AND HIS STAFF. WE HAVE MET WITH TXDOT FOR THEIR FUTURE PLANS WITH HOW WILL IMPACT THE OVERALL AREA. WE HAVE GONE THROUGH THIS EXTENSIVELY AND ON A TRAFFIC STUDY ON IT. THEY ARE HERE TO ANSWER QUESTIONS, AS WELL. WE DO HAVE SEVERAL OF THESE ITEMS THAT WERE BROUGHT UP AND I WOULD LIKE TO GIVE YOU SOME BACKGROUND IN BETTER UNDERSTANDING. I GUESTS FIRST AND FOREMOST, LET'S TALK ABOUT THE AREAS MARKED IN YELLOW. WE UNDERSTAND TRAFFIC IS A MAJOR ISSUE HERE. WE HAVE AGREED TO THE UPPER LEFT OF WALNUT GROVE TO ADD SOME PAYMENT WITH A LEFT TURN LANE INTO A SHOPPING CENTER. SO LEAVING BEHIND THE SCHOOLS THAT THEY CAN TURN OFF AND GET OUT OF THE FLOW OF TRAFFIC. THE NEXT ONE DOWN ON WALNUT ROAD IS A RIGHT TURN LANE. WE HAVE OFFERED THAT FOR THE SAME PURPOSE TO GET OFF OF THE MAIN TRAFFIC FLOW AND GET THEM TO WHERE THEY CAN TURN IN.

THE BUSINESSES MENTIONED SHOULD BE 330. WE HAVE THEM AT 280.

ONE OF THE BENEFITS OF THAT IS OF THE FIRST APPROACH IS A LITTLE BIT FURTHER AWAY FROM THE INTERSECTION. IT PROVIDES A LITTLE BIT MORE DISTANCE AND NOT AS MUCH CONGESTION. WE DO PROPOSE THE IDEA OF PUTTING A RIGHT LANE TO KEEP AN EYE ON THE FLOW OF TRAFFIC. THEY HAVE RECOMMENDED A SECOND RETURN LANE. WE DON'T SEE A NEED FOR THAT NOR DO WE HAVE WARRANTS FOR IT THROUGH THE TRAFFIC STOP. THAT APPROACH IS PRIMARILY A SERVICE DRIVE WITH ACCESS FOR TRUCKS SO THEY ARE NOT MANEUVERING THROUGH PARKING LOTS THEY COME TO THE BACKSIDE OF BUILDINGS, AS WELL. THESE ARE ALL IMPROVEMENTS THAT WE ARE GOING TO ADD ACROSS 13 87. WE HAVE A WIDENING OF THAT ROADWAY AND WE WILL PUT IN A LEFT TURN LANE INTO THE SHOPPING CENTER AND A RIGHT LANE INTO THE SHOPPING CENTER TO TRY TO AVOID CONGESTION COMING OR GOING FROM THE SHOPPING CENTER UNTIL THE ROADS ARE COMPLETELY DEVELOPED BY THE CITY OR TXDOT. WE ARE DOING WHAT WE CAN TODAY TO TRY AND HELP MITIGATE ANY TRAFFIC. WE ARE SPREADING THE TRAFFIC OVER THREE APPROACHES. CONCENTRATE ANYTHING AT ONE PACIFIC POINT.

WE TALK ABOUT THE LANDSCAPING AND WENT TO STAGE SHOT. WE ARE FINE WITH INSTALLING ALL THE LANDSCAPING. I UNDERSTAND THAT THEY WANT THE TREES TO GROW CONSISTENTLY TO NOT BE PATCHWORK. WE THINK IT MAKES MORE SENSE TO INSTALL THE TREES RIGHT BEFORE OCCUPANCY IS ISSUED FOR THE GROCERY STORE.

THAT WILL BE COMPLETE AND OPEN TO THE GENERAL PUBLIC. AT THAT POINT WITH THE TREES NOT BEING THERE DURING CONSTRUCTION, WE CAN DO OUR UTILITY LAYOUT AND PROVIDE WATERLINES FOR ALL OF THE STREETS. SO ONCE WE ARE OPEN AND OPERATIONAL, THE TREES WILL ALL BE FRESH AND WILL HAVE WATER TO THEM. THERE IS A LIKELIHOOD THAT THEY WILL GROW STRAIGHT. SO THAT WILL BE THE FIRST OPPORTUNITY FOR THE GENERAL PUBLIC TO COME ONTO THE SITE. ONE OF THE COMMENTS THAT BRIAN MENTIONED, TRYING TO KEEP A RESIDENTIAL AND NEIGHBORHOOD FEEL GOING DOWN WALNUT GROVE. I CAN'T CONTROL WHAT MY RETAILERS ARE GOING TO WANT TO DO WITH THE LAYOUT. THEY ARE ALL VERY SPECIFIC WITH THE POSITION. ONE SUGGESTION IS IF THEY DO WANT PARKING ADJACENT TO THE ROADWAY IS THAT WE PROVIDE AN ADDITIONAL ROW TO HELP SHIELD THE CARS AND GIVE A SOFTER FEEL ALONG WALNUT GROVE.

WE THINK THAT WILL HELP PRESERVE SOME OF THE RESIDENTIAL FEEL. WE ARE DOING THIS A LITTLE BIT OUT OF ORDER.

ONE OF THE ITEMS THAT WAS REQUESTED WAS PARKING STALLS THE DRIVE-THROUGH LANES. WE HAVE NO PROBLEMS WITH THAT. WE THINK IT WILL BENEFIT AND WE ARE ADDING STOPLIGHTS ON WALNUT GROVE FOR THE STUDENTS SO THEY HAVE A PLACE TO WALK IN THEY

[00:55:01]

WE MENTIONED THE TWO NORTHBOUND LANES. WE WOULD LIKE TO PROMOTE ONE THAT GOES DIRECTLY IN FRONT OF THE GROCERY STORE WE JUST DON'T SEE A NEED FOR IT WITH THE INDIVIDUAL TRAFFIC STUDIES.

THE PURPOSE FOR SIGNAGE, ASKING FOR 215 FOOT SIGNS. ONE IS DEDICATED SPECIFICALLY FOR THE GROCERY. THEY HAVE THE PRICING FOR THE FUEL, THE LOGO FOR THE GROCERY STORE AND THAT INFORMATION ABOUT THE PHARMACY. THAT IS THE REASON WHY THEY REQUESTED THE 15 FOOT. THE OTHER 15 BUT WILL SERVE SPECIFICALLY WITH THE RETAIL SHOPS. THAT IS A 20,000 SQUARE FOOT RETAIL BUILDING THAT WILL HAVE ANYWHERE FROM SIX TO 28 TENANTS. THEY NEED 15 FOOT TO GET ENOUGH SPACE FOR EVERY TENANT TO HAVE A NAME PLAQUE OR TO IDENTIFY WHERE THEY ARE.

EVEN IN THAT, YOU CAN TELL WE HAVE CUT IT IN HALF TO ACCOMMODATE THE SIZES, BUT WE CAN LOOK AT THAT. WE CAN DO 215 FOOT AND THEN THE REMAINDER. THE DRIVE-THROUGH, THE GROCERY IS LOOKING FOR A DEDICATED DRUG DRIVE-THROUGH LANE. WE WOULD LIKE TO HAVE TWO DEDICATED DRIVE-THROUGH'S BUT NOT BE LIMITED TO FOOD OR NONFOOD USE. WE DO NOT KNOW WHAT RETAIL WE ARE GOING TO BRING TO THE CENTER. WE HAVE NOT BEGUN THAT PROCESS. IT IS ENTIRELY POSSIBLE WE HAVE NON-FOOD USES OR TWO FOOD USES. ONE OF EACH. FOOD USE MIGHT BE A SITDOWN RESTAURANT WITH A DRIVE-THROUGH. BUT WE WOULD LIKE TO HAVE A LITTLE BIT OF FLEXIBILITY WITH THE ADDITIONAL TWO. WE CUT THAT DOWN TO THREE. WITH THE PHARMACY AND THE OTHER TWO. ITEM NINE, THE EV CHARGING REFINEMENT, WHATEVER THAT IS. SO, IN A NUTSHELL, THAT IS THE ITEMS THAT WE WOULD LIKE TO SEE ADJUSTED AND MODIFIED IN THE SPIRIT I KNOW IT IS QUITE A BIT. BUT WE HAVE VALID REASONS FOR THAT. A REAL QUICK OVERVIEW OF THE FINANCIAL SIDE OF THIS DEVELOPMENT. ONCE THIS DEVELOPED IS 100% COMPLETE, ROADWAYS AND BUILDINGS COMPLETE, WE WILL SPEND CLOSE TO $60 MILLION ON THIS DEVELOPMENT. THAT IS PRETTY SUBSTANTIAL INCREASES FOR THE CITY. IN ADDITION, WE WILL BE PROVIDING IMPACT FEES FOR TRAFFIC, BUILDING. THAT IS PROBABLY ANOTHER $700,000 TO IMPROVE CITY SERVICES AND THEN RIGHT TURN LANES AS WE MENTIONED GOING INTO THIS, SIDEWALKS WILL BE ANOTHER 500,000 FOR A TOTAL AMOUNT OF 1.2 MILLION FOR THIS DEVELOPMENT WITH BENEFITS TO THE CITY AND THE SURROUNDING COMMUNITY. SO, WE HOPE THAT IS A GOOD SIZE COMMITMENT. WE WORK HARD TO ADDRESS THE QUESTIONS THAT THE COUNCIL AND THE PLANNING DEPARTMENT HAVE BROUGHT UP. DO YOU HAVE ANY

OTHER QUESTIONS FOR ME? >> DON'T GO FAR, WE ARE GOING TO ASK YOU QUESTIONS.

>> THIS ONE? OKAY. THANK YOU. >> ANY PUBLIC SPEAKERS? JUST TELL US WHETHER OR NOT YOU LIVE IN THE CITY LIMITS AND YOU HAVE

THREE MINUTES. >> I AM ONE OF THE PROPERTY OWNERS WITH MY TWO COUSINS THIS PIECE OF PROPERTY IS NEAR AND DEAR TO US THAN ANYONE WE HAVE EVER OWNED. IT BELONGED TO OUR GRANDMOTHER AND GRANDDAD. MY UNCLE WAS BORN IN 1916 ON THAT

[01:00:07]

THEY HAVE DONE EVERYTHING THEY SAID THEY WOULD DO. THEY ARE FOLLOWED THROUGH. THEY HAVE DONE IT IN A TIMELY MANNER AND WE KIND OF FELL IN LOVE WITH THEM. WE HAVE BEEN THROUGH SO MANY THAT HASN'T. WE FEEL LIKE THIS IS A PIECE OF PROPERTY THAT WARRANTS THE GROCERY STORES ON SOUTH SIDE OF TOWN.

WE DO NOT HAVE THEM ON THE WEST SIDE. WE DO NOT HAVE ANYTHING BETWEEN MIDLOTHIAN AND OUR PARENTS BEFORE WE LOST THEM THAT IS THE ONLY HARD CORNER THAT WE HAVE. YOU TALK ABOUT THE SAFETY OF KIDS, WHEN THEY COME OUT OF THAT SCHOOL -- INAUDIBLE ] THEN HAVE TO COME OUT THERE AND GO THROUGH THE SAME TRAFFIC AND MAYBE COME BACK INTO TOWN. A LOT OF THE PEOPLE THAT LIVE OUT THERE SAY THEY DRIVE 25 MINUTES INTO KROGER TO GET GROCERIES WHEN THEY CAN GET IT. MAYBE GET A TANK OF GAS. I WILL TELL YOU, WE DO NOT WANT TO DO ANYTHING TO OFFEND OUR NEIGHBORS. WE GOT A PLAN DEVELOPMENT WE DID THIS.

EVERYONE KNEW IT WAS GOING TO BE ZONED COMMERCIAL ANYTHING THAT COULD POSSIBLY TURN OUT TO BE ON THAT CORNER. I WILL TELL YOU THE SAME THING I TOLD THEM. WE LAY AWAKE AT NIGHT AND PRAY FOR THERE TO BE ENOUGH TRAFFIC THAT WE COULD GET A MAJOR GROCERY STORE. THAT IS WHAT WE WERE HOLDING OUT FOR AND WE NEVER DREAMED THAT IT WOULD BE TRAFFIC THAT WOULD BE THE REASON TO TURN US DOWN. YOU KNOW, IN DALLAS, THE FREEWAYS DON'T COMPARE TO THE TRAFFIC BECAUSE THEY DON'T BUILD IT.

WE HAVE A CHANCE TO GET A $60 MILLION PROJECT IN MIDLOTHIAN THAT WILL HELP THE TOXIC STRESS ON OUR SCHOOL DISTRICT AND OUR CITY. I WOULD APPRECIATE YOU GUYS CONSIDERING AWAY TO TRY AND HELP MAKE IT HAPPEN. I APPRECIATE THE OPPORTUNITY TO

TALK TO YOU. THANK YOU. >> IF YOU CAN STATE WHETHER OR NOT YOU LIVE IN THE CITY LIMITS. YOU HAVE THREE MINUTES.

DOWN . I LIVE NEXT TO THE CORNER OF 1387 GROVE ROAD. I HAVE TO DIVERT TIME IN MY TRAFFIC BECAUSE I LIVE GROVE ROAD FROM THE HIGH SCHOOL. EXACTLY RIGHT THERE. I AM CONCERNED BY 18 WHEELER TRAFFIC, OVERHAUL SALES. LET'S SEE. SEVERAL OTHER THINGS LIKE THE POND AND EVERYTHING. IS IT GOING TO LOOK LIKE 13 EIGHT SEVEN WITH AN UNFINISHED POND GOING THROUGH? I WILL KEEP THIS KIND OF QUICK HERE. ONE OF THE THINGS I AM CONCERNED ABOUT IS WHO IS GOING TO MAINTAIN THAT WITHOUT PERMITS? I DON'T KNOW IF YOU ARE AWARE OF THIS, BUT DOWN THE ROAD -- THAT IS ALL CONTROLLED BY THE STATE OF TEXAS. THE SOIL CANCELLATION, THAT IS ALL STATE OF TEXAS. SO THAT IS GOING TO REQUIRE CONSTANT MAINTENANCE. SINCE IT IS AFTER 2016 I HAVE TO DO THAT FOR MY BUSINESS ALL THE TIME TO GO THROUGH BECAUSE OF HOW IT IS GOING TO BE DEVELOPED. IF IT IS A PROFESSIONAL BUILDING IT WON'T

[01:05:04]

QUESTIONS YOU HAVE. >> THANK YOU.

>> I WOULD LIKE TO STATE THAT I AM NOT TOTALLY AGAINST IT I JUST DON'T THINK RIGHT NOW IS THE RIGHT TIME TO GO THROUGH. I WOULD WAIT UNTIL WE GET MORE DEVELOPED. IF IT COMES OUT RIGHT, PEOPLE ON 13 87 WILL WANT TO STAY THERE. IF NOT WE ARE GOING WITHOUT AND WE ARE GOING TO SELL IT TO COMMERCIAL TO GO THROUGH. THIS MATTERS ON THE FUTURE -- IT GETS PAST I WILL PROBABLY PUT MY HOUSE UP FOR SALE. THAT

IS AT THIS TIME. >> IF YOU CAN TELL US WHETHER

OR NOT YOU LIVE IN THE CITY. >> I DO NOT. I AM WITH REALTY AND I AM THE LISTING BROKER FOR THE PROPERTY AND THE FAMILY. I JUST WANT TO MAKE A COUPLE OF COMMENTS. WE FIRST MET WITH THE FAMILY, WE SAT DOWN AROUND THE KITCHEN TABLE AND THEY PAINTED UP A VISION OF WHAT THEY WANT TO SEE ON THIS PROPERTY. THEY ACCOMPLISH THE GOAL WITH THE RESIDENTIAL AND THEN THEY CARVED OUT THE 20 ACRE SPECIFICALLY TO SUPPORT THAT NEIGHBORHOOD AND THE SURROUNDING NEIGHBORHOODS AND AS THEIR AGENT AND HAVING TO FIELD THE PHONE CALLS FROM THE FOLKS THAT WERE INTERESTED IN BUYING PIECES OF THAT PROPERTY, WHAT WOULD HAVE ENDED UP WOULD HAVE BEEN A HODGEPODGE OF THE DEVELOPMENT THAT WOULD'VE BEEN UNMANAGED, THE TREES WOULD'VE GROWN AT DIFFERENT TIMES IN DIFFERENT LOCATIONS. THE POND WOULD NOT OF BEEN SIZED RIGHT. IT IS A PIECEMEAL DEVELOPMENT AND NOW IT HAS TO BE BIGGER BECAUSE THEY DID NOT ANTICIPATE. WE HAVE A GROUP HERE WITH HIGH QUALITY, NAME BRAND GROCERY. MAKING A LOT OF COMMITMENTS, SPENDING A LOT OF DOLLARS. IF THIS DOESN'T PASS WHAT MAY END UP HAPPENING IS THE DEVELOPMENT WILL NOT BE AS HIGH QUALITY AS THIS WOULD BE.

SO, WITH THAT BEING SAID, THANK YOU FOR YOUR TIME. IF YOU HAVE ANY QUESTIONS I WILL BE HAPPY TO ANSWER THEM.

>> CAN YOU TELL US WHETHER OR NOT YOU LIVE IN CITY LIMITS?

>> DAN ALTMAN I LIVE AT 474 LILY COURT. I JUST WANT TO SAY FROM A PLANNING DEVELOPMENT STANDARD PERSPECTIVE, THE NORTHEAST QUADRANT OF OUR CITY IS REALLY UNDERSERVED. WE HAVE NO GROCERY STORES. WE HAVE NO RESTAURANTS. THERE IS NO RETAIL DEVELOPMENT IN THAT AREA. THE PROBLEM WITH THAT IS I HAVE SAT ON A NUMBER OF COMPREHENSIVE PLANS OVER THE YEARS. WHEN YOU DEVELOP NEIGHBORHOODS, WHAT YOU ARE TRYING TO DO IS DEVELOP CENTERS SO PEOPLE ARE TRAVELING THROUGH A CENTRAL DISTRICT OR A CENTRAL STRIP TO SHOP. NOT GENERATE LARGE AMOUNTS OF TRAFFIC IN ONE PART OF TOWN. PEOPLE JUST MAKING ROUTINE TRIPS. WHAT WE ARE SEEING IN THIS PART OF TOWN IS THERE IS NO RETAIL. IF YOU LOOK AT THE, WE HAVE TWO NEIGHBORHOODS. THE HERITAGE HIGH SCHOOL NEIGHBORHOOD IN THE MIDLOTHIAN HIGH SCHOOL NEIGHBORHOOD. THE MIDLOTHIAN HIGH SCHOOL NEIGHBORHOOD IS FOUR GROCERY STORES, DOZENS OF RESTAURANTS AND PLENTY OF SHOPPING. THE HERITAGE HIGH SCHOOL HAS A COUPLE GAS STATIONS OUT BY THE HIGHWAYS WHICH ARE A LONG WAY FROM EVERYONE. THEY HAVE NO RESTAURANTS AND NO SHOP. THE BEST THING TO DO IN THIS CASE IS TO LOOK AT A MAP THROUGH THAT PART OF TOWN AND PICK A LOCATION. THIS IS THE BEST LOCATION TO PUT A GROCERY. THERE IS ALREADY DEVELOPING

[01:10:02]

THE ONLY QUESTION WILL BE THE PROPERTY FUNDING ARE THE PROPERTY SIX LANES THAT NEED TO GO IN THIS AREA. FROM SOMEONE WHO LIVES HERE AND WANTS TO SEE INTELLIGENT DESIGN AND A COMPREHENSIVE PLAN TO APPROVE THIS TODAY.

>> JACK FREEMAN? >> IF YOU CAN TELL IS WHETHER OR NOT YOU LIVE IN CITY LIMITS. FROM WHAT I LIVE IN THE CITY LIMITS. I LIVE RIGHT ACROSS THE STREET FROM THE DEVELOPMENT, ON THE CORNER ON THE SOUTHEAST SIDE. I AM ALL FOR THE PROJECT. I THINK IT IS A GREAT PROJECT FOR THE COMMUNITY. GOING TO BRING IN THE TAX REVENUE. THE WORRY ABOUT THE TRAFFIC, I HAVE BEEN THINKING ABOUT THIS FOR A WHILE . I HAVE BEEN THERE 41 YEARS. I HAVE SEEN THE TRAFFIC. IF IT HAS BEEN THERE, I HAVE SEEN IT. THE TRAFFIC DOWN WALNUT GROVE, IF YOU KEEP A STRAW POLL OF EVERYONE GOING IN THERE, GOING DOWN THE ROAD. IT WILL BE ON THE OTHER SIDE OF TOWN. BEFORE I CAME UP HERE I HAD TO GO TO THE OTHER SIDE OF TOWN TO GET IT. LIKE MR. ALTMAN SAID, THERE IS NOTHING ON THAT SIDE OF TOWN WITH THE ADVANTAGE OF HAVING SOMETHING ON THIS SIDE OF TOWN FOR RESIDENTS ON THE NORTHEAST SIDE. IF WE DON'T GET THIS PROJECT AS WAS SAID, THEY HAVE HAD PLENTY OF OPPORTUNITIES TO PIECE TOGETHER SOMETHING THAT IS NOT GOING TO BE NICE ENOUGH.

THE KIDS IN THE SCHOOL, THE NOISE AND THE SAFETY -- THE HARD CORNERS, THEY ARE CONTROLLED CORNERS. THEY CAN GIVE ALL THE NUMBERS THEY WANT. THERE WAS INCONVENIENCE WITH THE GROWTH AT COLDER IN 663. 14TH STREET WASN'T EVEN DONE YET. LOOK BACK AT WHAT IT WAS. IT EVOLVED TO WHAT IT WAS NOW.

THE TRAFFIC GOING DOWN THOSE ROADS IS NOT GOING TO INCREASE WHAT I CARE OUT MY BEDROOM WINDOW. LET ME GO GET GAS. THEY ARE ALREADY GOING OUT IT AT 3 A.M. LIKE I SAID, SEVEN OR EIGHT OR 10 CARS IS GOING TO THE OTHER SIDE OF TOWN. THEY ARE ALREADY ON THE ROAD. IT IS NOT GOING TO INCREASE. THEY ARE GOING TO BE CONTROLLED CORNERS. SO, THE SAFETY OF THE KIDS, THOSE KIDS ARE GOING ACROSS THE CROSSWALKS NOW FROM WALNUT GROVE AND HERITAGE. I WROTE NOTES. YOU KNOW, AGAIN, THE PROJECT IN ITS SELF IS SOMETHING THAT MIDLOTHIAN NEEDS. IT IS A GREAT PROJECT. TO REITERATE ON THE TRAFFIC PROBLEM. THE TRAFFIC INCREASE WOULD ONLY INCREASE DUE TO GRUFF. NOT BECAUSE 100 PEOPLE THAT ARE AT HOME IN RUSH HOUR ARE GOING TO DECIDE TO GO TO THE GROCERY STORE. THEY WERE ALREADY GOING TO GO TO THE GROCERY STORE DOWN WALNUT GROVE. SO I AM ALL FOR THE PROJECT.

>> DINKY. >> I WANTED TO ASK A QUICK VERIFICATION. WE HAD NINE SPEAKERS AND NINE OPPOSITION 29 IN SUPPORT WITH 29 MORE NON-SPEAKERS THAT SUPPORT? PRIOR TO THE MEETING TODAY? COUNSEL, I HAVE A MOTION TO CLOSE THE PUBLIC HEARING. I HAVE A MOTION AND A SECOND.

PLEASE VOTE. THAT PASSES 5-0. COUNSEL, THIS IS YOUR TOWN TO ASK STAFF FOR THE APPLICANT IN QUESTION THAT YOU HAVE HEARD

>> IN THE CITY COUNCIL PACKET, THE HEIGHT OF THE STORAGE UNIT AND THE HEIGHT OF THE GROCERY STORE .

>> OFF THE TOP OF MY HEAD I'M SAYING 36 FEET. PLUS OR MINUS.

36 FEET, SIX INCHES. THAT IS THE PEAK FOR THE GROCERY STORE.

[01:15:07]

>> OKAY, THANK YOU. >> I HAVE A QUESTION. HE RECENTLY APPROVED A SIGN, DO YOU ALL KNOW WHAT THAT IS ON 15

TO 20 FEET? >> I THINK IT IS 20.

>> EVERYONE COMPARED IT TO THE SIGN ACROSS THE STREET.

>> I AM THINKING IT IS 20+. I AM TRYING TO FIGURE OUT , I WAS AT THE MEETING, I DON'T REMEMBER A LOT OF DISCUSSION ABOUT THE SIGN. I AM WONDERING WHERE YOU HAVE A HARD LIMIT FOR THE SIGNS. WHAT WAS THE ORIGINAL INTENT OVER THE TWO

SIGNS? >> FROM MY UNDERSTANDING, CORRECT ME IF I AM WRONG. THE 215 FOOT SIGNS, ONE WOULD BE THE PRICE OVER HERE AND THE OTHER -- THE SHORTER ONES WERE AROUND HERE, THE SHORTER ONES.

>> WHAT IS PLANNED? >> IT SEEMS LIKE WE HAD A MC.

IF YOU KNOW WHAT WOULD BE THE MAXIMUM HEIGHT ON THOSE TREES

UPON MATURITY. >> CIVIL ENGINEER. ALONG THE RESIDENTIAL, WE HAVE MEXICAN WHITE OAKS WHERE FULL GROWTH WOULD BE BETWEEN 10 AND 12 FEET TALL AND THEY HAVE CANOPY OF EIGHT AND 10 FEET. SO, THAT WOULD BE IN FRONT OF THE MASONRY FENCE. ALONG THE FRONT ON A 13 87, WE HAVE CEDAR HOMES. THESE ARE SPACED ABOUT 40 FEET APART. CEDAR OWNS, ALSO ABOUT THE SAME POINT AT FULL MATURITY.

>> THEY WILL GET TALLER THAN THAT.

>> OKAY, THAT IS WHAT THE LANDSCAPE PLAN SHOWS. THOSE ARE PRETTY BIG TREES. ALSO, BETWEEN THE NORTH DRIVE IN THOSE TWO OR THREE HOUSES, WE HAVE A FIVE FOOT BUFFER THAT WAS ADDED AFTER WE GOT SOME FEEDBACK FROM THE RESIDENTS. THOSE WOULD ALSO

BE IN THE SAME GENERAL HEIGHT. >> DINKY.

>> THE QUESTION IS, ONCE THESE TREES MATURE OUT IN ALL FAIRNESS TO THE DEVELOPER, I AM TRYING TO GET A GRIP ON 15 TO 11 PP WE ARE ONLY TALKING ABOUT FOUR FEET. UNLESS A SIGN IS CLOSER. BY THE TIME YOU GET THE CANOPY OF THE TREES, HOW ARE

FOLKS GOING TO BE SIGNED? >> THAT WAS NOT A STAFF

RECOMMENDATION. >> I UNDERSTAND. I AM TRYING TO RATIONALIZE IN MY MIND WHY SHOULD I STICK WITH THE PLANNING AND ZONING REQUEST ADVISEMENT?

>> THE SIGNS ARE ON THE MAIN THIRD. AM I CORRECT? THE TWO SIGNS IN QUESTION THAT I'M TALKING ABOUT YOUR

>> MY PERCEPTION WITH THE MOTION THAT WAS MADE TO DO THAT. I BELIEVE THAT CAME OUT THAT THE GAS PRICE SIGN. THE 15 FOOT TALL SIGN. IT SEEMS LIKE THERE WAS A COMMENT OR SOMETHING THAT YOU DO NOT REALLY NEED THAT TALL OF A SIGN BECAUSE YOU WILL NEED THE GAS MORE THAN YOU NEED TO KNOW EXACTLY THE PRICES IF YOU GO TO A PLACE WHERE YOU NEED GAS , THAT IS HOW I PERCEIVED THAT PART OF THE CONVERSATION. I DID NOT CATCH THAT THERE WAS MORE TO IT THAN THAT.

>> I DON'T KNOW ABOUT THAT. HE IS A PENNY SHOPPER.

>> I HAVE A PARENT THAT IS THAT WAY.

>> IS THAT RIGHT? >> YEAH.

>> IS THE ROADWAY WIDENING WHAT WE ARE TALKING ABOUT? IS THAT IN THE RENDITION OF THESE IN TURN LANE? OR THE TRADITIONAL

LANES? >> THE ONE BEFORE THAT.

>> ON WALNUT GROVE AS YOU ARE HEADING SOUTHBOUND THE TRAFFIC IMPACT STUDY DID WARRANT BY ONE VEHICLE IN THAT TURN LANE. SO

[01:20:04]

ACCOMMODATE FOR THOSE. >> YOU ARE STILL GOING TO HAVE A SINGLE LANE IF YOU ARE EXTENDING THE CENTER LANE TO

THE EAST. >> CORRECT YOUR

>> THANK YOU. >> WE NEED TO EXTEND THE CENTER LANE AND THEN WE NEED TO EXTEND THAT PAVEMENT.

>> CORRECT. >> SO, THE EXPANSION OF WALNUT GROVE'S AND 13 87, THAT IS GOING TO BE HAPPENING. RIGHT? LIKE WE ARE TALKING ABOUT THIS IS OUTSIDE OF THAT BUT IF THEY DO THIS BEFORE THAT IS EXPANDED, THEN WHAT HAPPENS? TRINITY PLANS RIGHT NOW ARE TO COME IN --

>> WE THINK THIS WILL HAPPEN FIRST ?

>> THAT IS THE MAIN THING. THEY DID NOT HAVE ALL OF THE FUNDING QUITE YET. THEY ALSO TOLD US FROM OUR STANDPOINT THEY WERE LOOKING AT JUNE WITH ALL OF THE UTILITIES AND THEY WILL BE READY TO DO THE PROJECT AFTER THAT. IF IT WORKS OUT.

>> TXDOT WILL BE THE ONE TO WHICH WHAT THEY ARE DOING? IT WILL STILL LOOK LIKE THIS, BUT TXDOT WILL HELP THEM DO IT?

>> THE DEPARTMENT LANES --

WALNUT GROVE? >> BEFORE YOU GO ANYWHERE , I WANT TO MAKE SURE I UNDERSTOOD ALL THAT YOU JUST TALKED ABOUT.

27, 28, START, STOP IT WHEN WILL 13 87 AS THEY CLAIM EACH

DAY, WHEN WILL IT BE DONE? >> IF EVERYTHING FELL IN LINE WITH THEM SAYING THEY EXPECTED TO BE CLEAR IN THE SUMMER OF 2027 OR 2029. SO THAT IS WITH NO WEATHER PROBLEMS AND NO --

>> THAT IS A PERFECT WORLD . >> THEY NEED TO DO THE ENTIRE PROJECT, YES SIR. ARE WE GOING TO HAVE THE SAME TURNOUT AS WHAT IS HERE? I DON'T SEE HOW WE ARE GOING TO HAVE ROOM FOR THAT. ARE WE STILL GOING TO HAVE THAT LEAN?

>> IT WILL HOPEFULLY MATCH WITH WHAT IS OUT THERE. YOU MIGHT BE SEEING THEIR PLAN BUT THIS IS NOT ACCOUNTED FOR. THIS IS

NOT APPROVED. >> DO WE HAVE THE REAL ESTATE

TO ENABLE THAT? >> THEY ARE ACTUALLY DEDICATING A RIGHT-OF-WAY. I BELIEVE THEY HAVE THE RIGHT-OF-WAY INFORMATION WITH WHAT IS NEEDED ALONG THIS COURT ORDER.

>> I AM JUST SAYING BECAUSE THE ALIGNMENT OF THE LANES WON'T

[01:25:02]

DON'T UNDERSTAND. >> YES. THIS IS MIDLOTHIAN PARKWAY ALL THE WAY TO 66 FOUR.

>> YOU ARE SAYING 2030. THAT IS ALL OF IT. RIGHT?

>> DO WE KNOW WHERE -- I KNOW I AM ASKING A LOT.

>> MY UNDERSTANDING IS THAT THEY ARE GOING TO DO IT ALL.

SO, BREAK IT OUT AND GO FROM PARKWAY TO GROVE. WE HAD THROWN THAT OUT A WHILE BACK. IT IS A REGIONAL IMPROVEMENT THEY ARE TRYING TO GO FROM THE PARKWAY ALL THE WAY TO 64 AS ONE PROJECT. WHAT IS OUR TIMEFRAME FOR THE NORTH SIDE OF WALNUT

GROVE? >> WE PROBABLY DON'T HAVE ONE.

WHEN WE WENT OUT TO THE PLANNING GROUP AND TALKED ABOUT THE PROJECT AND FUTURE BONDS WE HAD TALKED ABOUT THE POSSIBILITY OF THIS SEGMENT OF WALNUT GROVE. SO THAT WILL BE SOMETHING THAT WILL COME BACK. WE CAN ALWAYS LOOK AT IT ON THE FEES WITH A SMALLER PROJECT AS A CITY. OUR HOPE WOULD BE IF WE START COMING IN AND BUILDING THIS ON THIS SIDE, IT IS GOING TO ENFORCE A LOT OF IMPROVEMENTS ON 13 87 AT THE

SAME TIME. >> I HAVE CONCERNS WITH THE CURRENT ROAD WITH THE ADDITIONAL TRAFFIC THAT IS GOING TO BE BUILDING UP ON THE NORTH SIDE OF THE PROPERTY. OF COURSE, WE ARE LOOKING 2030 BEFORE WE HAVE THE ADDITIONAL

CAPACITY. >> WE CAN DICTATE ON THAT. IF IT IS SOMETHING THAT COUNSEL IS INTERESTED IN LOOKING AT, WE CAN LOOK AT THE POTENTIAL IMPACT FEES. YOU CAN ALSO LOOK AT OTHER TYPE OF FUNDING MECHANISMS.

>> SINCE EVERYONE IS ASKING ABOUT TXDOT, THE MAYOR, MYSELF, MIKE ROGERS WENT TO THE MEETING. IN THAT MEETING FOR LACK OF A BETTER TERM THEY ACCUSED US OF NOT TALKING TO THEM. OUT OF THAT MEETING THE COMMUNICATIONS, THEY ARE ALL ON BOARD WITH THIS. THE INFRASTRUCTURE OUT THAT WE PUT BACK IN. THEY ARE UP TO DATE ON THIS PROJECT.

>> ON THIS PROJECT , THEY ARE GOING TO BE TEARING OUT THESE IMPROVEMENTS AND REDOING THEM.

>> CORRECT, YES SIR. >> IN MANY CASES, THAT IS A THROW AWAY. BUT THEY ARE AWARE WHAT IS GOING ON WITH THE THROW

AWAY. >> THERE HAS BEEN COORDINATION IN REGARDS TO THE LOCATION . THEY WERE TRYING TO GET ANOTHER DRIVE HERE IN TEXAS SO THEY HAVE WORKED WITH TXDOT AND PUT EVERYTHING FROM THE DISCUSSIONS WHERE THEY WERE SAYING THEY

WANTED TO SEE THE DROPS. >> THE SOUTH SIDE OF WALNUT GROVE BETWEEN SEVEN AND 1387. WHAT IS THE COMPLETION OF THAT? QUESTIONS. SO, I GUESTS THESE WILL BE FOR THE APPLICANT .

WHAT IS THE PARKING LOT SURFACE THAT YOU ARE PROPOSING FOR THIS? IS AS PER CITY REQUIREMENTS WITH THE STANDARD? PAVEMENT THROUGHOUT WITH THE SIX INCH PAVEMENT, WHICH IS

HEAVY-DUTY. >> PERFECT. THE LOT SIZE, WHAT

IS BEING PROPOSED? >> APPROXIMATELY AN ACRE A

PIECE. >> I'M SORRY, I MEAN THE PARKING LOT. THE PARKING SPACE. I MISSPOKE. WE DID DO A

REDESIGN OF IT. >> EXCELLENT. WHAT IS THE TIMEFRAME ON THE ADDITIONAL LOT BUT YOU UP? THE GROCERY, THE STRIP CENTER, THE SHOP SPACE. PROBABLY SIX TO EIGHT MONTHS OF INFRASTRUCTURE WORK. IT WILL EFFECTIVELY BE OPEN BEFORE WE

START WORKING ON -- >> WHEN ALL OF THE ADDITIONAL

PATHS >> PROBABLY ADDITIONAL ON THE

[01:30:05]

>> IT DEPENDS ON WHAT THEY ARE .

>> EVEN BETTER. >> THE 15 FOOT SIGNS, THE TWO THAT YOU HAVE PROPOSED, IT IS JUST FOR THAT ONE RETAIL

BUILDING NOW THAT IS GOING ON? >> YES. ARE THERE ANY REVISIONS? ARE YOU PLANNING ON ADDITIONAL SIGNAGE FOR THE

OTHERS? >> THE OTHER RETAIL PADS GET A 10 FOOT SIGN. THAT IS THE ONLY 15 FOOT SIGN.

>> THERE WILL BE 10. >> RIGHT. 15 WAS TO ACCOMMODATE THE NUMBER OF TENANTS IN THIS BUILDING. THIS IS JUST SIMILAR FORMS OF SIGNAGE.

>> HAVE THEY GIVEN ANY ESTIMATES ON THE AMOUNT DELIVERY TRUCKS FOR THE GROCERY?

>> TYPICALLY, THEY WILL GET A TRUCK PROBABLY EVERY OTHER DAY ON THAT TRACK. THERE WOULD BE SMALLER DELIVERIES THAT WOULD BE MORE FREQUENT, SUCH AS LIKE A BREAD TRUCK OR A BEER TRUCK.

THOSE KIND OF FOLKS. SO THEY WOULD COME A LITTLE BIT MORE FREQUENTLY ONCE A DAY OR ONCE EVERY OTHER DAY.

>> YOU ONLY ANTICIPATE EVERY OTHER DAY ?

>> CORRECT. >> DO YOU INTEND TO HAVE ANY OUTSIDE STORAGE WORK REFRIGERATED TRUCKS?

>> ABSOLUTELY NOT. FOR THE STORE, WORKING WITH THE NEIGHBORHOOD WE WORK ON THE SIDE OF THE STORE WHICH WILL TYPICALLY BE IN THE REAR. ANY NOISE GENERATED --

] >> THE PLAN IS TO BRING THE TRUCKS AND ON THE NORTH EXIT INTO THE DOCS AND THEN EXIT OUT

IN FRONT OF THE STORE? >> IS THERE ANY ALTERNATIVE THOUGHT OF NOT HAVING THE TRUCKS COMING ON THROUGH WORK NORTH WALNUT GROVE? AS I'VE BEEN LOOKING.

>> WE LOOK AT THE SIDE PLANE AND TRAFFIC IN THE CENTER AND THIS WAS THE BEST CONFIGURATION THAT WE COULD COME UP WITH. WE DON'T WANT THE 18 WHEELERS DRIVING THROUGH THE PARKING LOTS. THEY NEED TO COME THROUGH A SERVICE CENTER AND DIRECTLY IN FRONT OF THE STREET TO KEEP IT SAFE.

>> I JUST HAVE CONCERNS WORTH HOW NARROW WALNUT GROVE IS BUT

THANK YOU. >> DINKY. YOU KNOW, THIS IS A 20 ACRE DEVELOPMENT. SO A LITTLE BIT OF A PROPORTION THEME. IT IS A RELATIVELY SMALL STREET BUT IT HAS ADEQUATE LANES. SO RIGHT NOW IT HAS A THREE LANE CONFIGURATION WITH THAT SEGMENT WITH THE 11 OR 12 FOOT LANES. SO IT LOOKS REALLY SMALL BUT IN ACTUALITY, IT IS AN ADEQUATE LANE WITH.

>> THE ONLY THING I WOULD MENTION TO THINK ABOUT THEY HAVE A LARGE NUMBER OF TRUCKS TRAVELING WALNUT GROVE EVERY DAY DELIVERING EIGHT. I BET THEY ARE RUNNING A TRUCK UP

THERE EVERY 15 >> ANY FURTHER QUESTIONS?

>> NO QUESTIONS. >> DON'T GO FAR. OKAY. SO, THE ENTIRE PD INCLUDING RESIDENTIAL THAT WAS DONE WAS

THIS CORNER ALSO DONE? >> YES MA'AM.

>> I HAVE BEEN SITTING HERE LOOKING THROUGH ALL OF THE COMMON FROM OPPOSITION. THERE ARE MULTIPLE STATEMENTS. I HAD NO IDEA THIS IS GOING BEHIND MY HOUSE. I WAS TOLD BY MY BUILDER THAT NOTHING WAS GOING TO BE BUILT HERE.

>> I'LL JUST SAY THAT WAS CONCEIVED IN RETAIL WHEN THE

[01:35:01]

>> IT HAS BEEN ON FILE. >> SOMEBODY SAID SOMETHING THEY SHOULDN'T HAVE. I WAS NOT A PART OF THAT CONVERSATION.

>> SO, I KNOW WE WILL HAVE TO GO THROUGH ALL OF THE RECOMMENDATIONS BUT ON THE PNC RECOMMENDATION A RESTAURANT, FOR ONE RESTAURANT. IS THAT LINKS TO 1000 SQUARE FEET OR

JUST ANY DRIVE-THROUGH? >> THAT WOULD HAVE BEEN FOR A RESTAURANT OF ANY SIZE WITH A DRIVE-THROUGH.

>> THAT IS ALMOST TWO SUVS. >> PRETTY MUCH.

>> YES. YOU ARE CORRECT. >> THAT IS SOMETHING WE WILL HAVE TO ADDRESS IS HOW TO DO THAT. SO IT IS DRY? SO I DON'T UNDERSTAND WHY WOULD WE HAVE A POA TO MANAGE THE POND AREA?

>> AGAIN, THEY WILL DO THE DECLARATION OPTIONS THAT THEY WILL BE RESPONSIBLE TO ANYONE WHO BUYS PROPERTY. THAT IS WHERE ALL OF THOSE LOTS ARE GOING TO BE ABLE TO DRAIN TWO.

SOME SINGLE ENTITY NEEDS TO BE RESPONSIBLE FOR ENSURING THAT EVERYTHING DRAINS AND GOES INTO THAT RETENTION POND AND THAT THE RETENTION POND WORKS. SO, A LOT OF TIMES WE MIGHT USE A POA. FOR A SMALLER SIDE LIKE THIS WITH A MANAGEMENT COMPANY THAT FILES A DECLARATION WITH THE COUNTY TO SAY THAT THEY WILL BE THAT SINGLE ENTITY AND BE RESPONSIBLE STAFF IS

COMFORTABLE WITH THAT. >> IT IS NOT LIKE THERE IS A

WATER POND . >> NO MA'AM.

>> SOME OF THE COMMENTS MADE IT SOUND LIKE THAT IS WHAT PEOPLE WANT. I WANT TO MAKE SURE THIS IS ROCKS THAT WE ARE TALKING

ABOUT GOOD >> OKAY. THE APPLICANT SAID THAT THEY COULD DO HEDGES. THE WHOLE PARKING BETWEEN WALNUT GROVE AND THE BUILDINGS IS MAKING ME EXTREMELY CONFUSED.

SO, THE WAY THAT I AM UNDERSTANDING IT RIGHT NOW IS HOW IT IS RECOMMENDED IS THAT THERE IS NO PARKING IN BETWEEN THE BUILDINGS ON THE LEFT SIDE LINES IN BETWEEN THE BUILDINGS IN THE STREETS. BUT THE APPLICANT SAID THAT WE CAN PUT HEDGES IF WE WANTED TO PUT PARKING. AS OF RIGHT NOW, NO ONE IS PARKING THERE IN BETWEEN THOSE BUILDINGS

>> CORRECT. THE DRAFT IS THE ONE THAT REFLECTS THE

RECOMMENDATIONS. >> I TALKED TO STAFF ABOUT THIS AND I AM STILL CONFUSED. PEOPLE ARE PARKING IN THE BACK OF IT AND WALKING AROUND THE OPENING?

>> SORRY. I SHOULD HAVE TRIED TO FIND A PICTURE OR WHAT THIS MIGHT LOOK LIKE. IF YOU TRY TO IMAGINE A RETAIL STRIP. IF YOU WERE WALKING ALONG THE SIDEWALK, YOU MIGHT HAVE A SHORT CONNECTOR TO A LARGER SIDEWALK THAT WILL BE ALONG THAT RETAIL STORE FRONTAGE. ALL OF THE PARKING WOULD BE BEHIND

THAT BUILDING. >> YOU HAVE AN EXAMPLE?

>> I'M HAVING A HARD TIME UNDERSTANDING NOT.

>> I HAVE IT IN MY HEAD THAT THEY WERE GOING TO BE -- THE BUSINESSES WOULD BE FACING THE PARKING LOT AND FACING AWAY FROM WALNUT GROVE. YOU ARE SAYING THAT THEY ARE GOING TO

BE FACING TOWARDS WALNUT GROVE? >> YEAH. SOMETHING LIKE THAT.

>> THAT IS WHAT THE APPLICANT ANSWERS.

>> HE DOESN'T WANT IT, THAT IS WHY HE IS SAYING NO. LET'S BE CLEAR ON WHAT WAS APPROVED AND WHAT IS THE ORDINANCE.

>> SO, YES. THE APPLICANT IS OPPOSED TO THAT IDEA. IN MY I CAN SEE EVERYONE BEING OPPOSED TO THAT IDEA.

>> OKAY. >> I PULLED IT UP REAL QUICK.

>> IT IS NOT RETAIL, THAT IS THE PROBLEM.

>> I HAVE NEVER SEEN A RETAIL ENVIRONMENT LIKE THIS.

>> GO AHEAD, CHRIS. >> THE ONE THAT WE FOUND IN TOWN , IF YOU LOOK AT THE WENDY'S, IT FACES THE INTEREST DOORS ON THE SIDE. THAT IS WHY I WAS CLARIFYING THAT YOU CAN PARK ON THE SIDE BUT THE BUILDING FACES OUT TOWARDS

[01:40:08]

PARKING. >> THE PRIMARY ENTRANCE IS NOT

FACING -- >> THE FRONT. IF YOU LOOK AT THE FRONT ELEVATION OF THE BUILDING , THAT WILL BE FACING.

WHERE THE DOOR IS IS NOT ALWAYS THE STORE.

>> THE WAY THAT THIS IS WRITTEN, THAT THE FRONT DOOR

WILL BE FACING THE ROADWAY. >> THE FRONT ELEVATION.

WHATEVER IS CONSIDERED THE FRONT OF THE BUILDING.

>> THEY CAN HAVE SIDE DOORS. YOU ARE SAYING THAT THE FRONT DOOR DOES NOT DEFINE THE FRONT ELEVATION.

>> I DON'T THINK I COULD FIND A RETAILER OUT THERE THAT IS NOT GOING TO ALLOW THAT. THEY ARE NOT GOING TO PARK IN THE BACK OF THE BUILDING AND HAVE THE CUSTOMERS WALK TO THE FRONT OF THE BUILDING TO THE BACK DOOR. IT DOESN'T WORK. FROM WHAT IS PROPOSED AT PNC IS THEY WANTED TO FLIP IT WHERE THE BACK OF YOUR BUILDING IS FACING THE ROAD, THE FRONT DOOR IS FACING THE PARKING AND ON THE SIDE. THAT IS STILL PROBABLY A BETTER SALE. I'M NOT GOING TO FIND A RETAIL FOR ALL YOUR PARKING IS BEHIND THE BUILDING COULD IT JUST DOESN'T WORK.

>> IF YOU HAD THE BACK OF THE BUILDING FACING THE STREET WITH THE POSITION, DOES IT WORK ON THE ARCHITECTURAL DESIGN WITH THE WINDOWS THAT YOU'RE NOT JUST PUTTING A BRICK WALL BUT WITH THE AESTHETICS BUT YOU ARE STILL ENTERING FROM THE

OTHER SIDE. >> WE ARE GUESSING WHO THE RETAILER IS GOING TO BE AND WHAT THE USE IS GOING TO BE.

SO, CONCEPTUALLY, YOU HAVE SEEN THIS BEFORE WHERE YOU ARE FORCED TO SPEND THE BUILDING BACKWARDS AND YOU HAVE TO PARK AT THE FRONT DOOR AND THEN OUT THE FRONT AND THE SIDE. I UNDERSTOOD THAT THE CONCERN WAS NOT THE PARKING THAT THEY WERE OPPOSED TO. THE CARS GOING DOWN WALNUT GROVE AND THAT IS WHY THEY PROPOSED A HEDGE. ONCE THERE IS PARKING AROUND WALNUT

GROVE >> IF YOU ARE DOING WHAT YOU ARE TALKING ABOUT DOING UP HERE , YOU WOULD HAVE YOUR HEDGES BUT YOU WOULD ALSO HAVE A STRIP DRIVE, A SLIP DRIVE THAT COMES

DOWN HERE. CORRECT? >> THAT IS WHAT YOU PREFER,

CORRECT? >> THAT IS A TRADITIONAL LAYOFF

. CORRECT. >> I AM PROPOSING AN ADDITIONAL

HEDGE BEHIND THAT. >> THE WAY THAT YOU WOULD PREFER TO DO THIS WOULD ALSO NOT ALLOW ANY CARS TO PARK TOWARDS THE STREET. YOU WOULD PULL THAT SLIP SO FAR IN THAT YOU WOULD HAVE THEM PARKING IN FRONT OF THE STORE. CORRECT?

>> THAT IS FOR THE HEDGES TO HIDE THOSE CARS FACING OUT.

>> MANSFIELD HAS A LOT OF THAT.

>> I HAVE TWO LAYERS OF LANDSCAPE WITH A NUMBER OF TREES AND GRASS AND THEN ADD ADDITIONAL ROW. YOU'RE NOT RIGHT UP ON THE ROAD, YOU ARE GOING TO HAVE A FAIRLY LARGE LANDSCAPE BUFFER BEFORE YOU EVER GET TO THE PARKING LOT OF THE BUILDING IS PUSHBACK. SO, CARS WOULD NOT BE PULLING BACK

OUT ONTO WALNUT GROVE? >> THEY WOULD HAVE TO GO BACK TO ONE OF THESE . SO, THERE IS A FIFTH TEEN FOOT EASEMENT THAN A 10 FOOT BUFFER SO ON A GOOD DAY YOU ARE 25 TO 30 FEET BACK

TO THE PAVEMENT. >> YOU WOULD HAVE A SLIP STREET IN THOSE SITUATIONS THAT WE ARE TALKING ABOUT. SO THE WAY THE ORDINANCE IS WRITTEN NOW, THE FRONT ELEVATION IS FACING WALNUT GROVE AND THE CARS ARE IN THE BACK YOU CAN STILL HAVE A SLIP STREET IN FRONT OF IT. RIGHT? I AM HEARING YOU SAY THAT IS NOT EVEN GOING TO BE AN OPTION.

>> SPEAKING FROM A RETAILER'S PERSPECTIVE . THEY ARE NOT GOING TO COME HERE. THEY ARE GOING TO WALK. WE HAVE A LOT OF CUSTOMERS THAT NEED CLOSE, CONVENIENT ACCESS.

>> THE OTHER THING I AM WRESTLING WITH IS THE SIZE OF THESE LOTS. SO THAT IS LIKE TEENY, TINY ON THESE LOTS. SO THE RETAIL ELEVATION, THAT IS FOR WHATEVER LOT NUMBER THAT IS. THAT IS FOR THAT RECTANGLE RIGHT THERE. IS THERE A

[01:45:02]

LOTS? >> THE PROPERTY LINES GO TO THE CENTER OF THE ROAD OR YOU CAN SEE THE PROPERTY LINES. THESE LOTS ARE ACTUALLY SMALLER THAN THIS.

>> I AM TRYING TO GET A MENTAL PICTURE .

>> I THINK BY SIZE POTENTIAL YOU COULD GET TWO POINTS OF THE BUILDING. THERE ARE 12 TENANTS. THAT TYPE.

>> ONE PER LOT? >> THAT IS THE INTENT.

>> OKAY. YOU'RE ASKING FOR VARIANCES. SO I DON'T KNOW WHERE ANY OF THE PARKING SPACES ARE. I DON'T EVEN KNOW WHERE THE FRONT DOORS. SO I'M STRUGGLING BEING OKAY WITH THE VARIANCE WHEN WE DO NOT HAVE.. I KNOW IN THE SUBTEXT YOU ARE NOT GOING TO HAVE ALL OF THAT, BUT THERE ARE NOT EVEN PARKING

SPOTS ON THIS. >> STAFF, I GOT A QUICK QUESTION THAT MIGHT SOLVE THIS. WHEN EACH OF THESE PROJECTS ARE COMING BACK ON THESE SPACES, WILL THAT NOT COME BEFORE COUNSEL OR IT IS ALL GOING TO HAPPEN UP FRONT? SO WE WOULD NOT SEE IT COME BACK.

>> EVERY SITE PLAN COMES BACK FOR ADMINISTRATIVE APPROVAL.

>> IT WOULD NOT COME BACK TO US. THAT IS WHAT I AM SAYING.

IF THERE IS A VARIANT, BUT RIGHT NOW, IN THREE YEARS THAT IT WAS A BANK OF AMERICA OR WHATEVER.

>> WE CAN PUT THOSE SAFEGUARDS IN IF YOU WANT AS STAFF OR YOU WANT CITY COUNCIL APPROVAL. THE WAY THAT THEY HAVE DRAFTED THIS IS FOR STAFF APPROVAL IN LAST THE STAFF DID NOT SEE EYE TO EYE ON IT. THEY WOULD SAY NO AND WE WOULD SAY NO.

>> THAT IS WHY YOU ARE ASKING FOR THE VARIANCE ON IT . THAT IS WHERE I AM SAYING I AM HAVING A PROBLEM WITH THAT.

NORMALLY IF IT IS ASKED FOR WE GET A LITTLE BIT MORE INFORMATION IN THIS STAGE. SO I AM TRYING TO GET A PICTURE.

>> I THINK I HEAR WHAT YOU ARE SAYING. YOU WOULD BE AGREEABLE TO THESE SIX OUT PARCELS IF THEY AUTOMATICALLY COME BACK TO CITY COUNCIL. YOU COME BACK WITH A DETAILED SITE PLAN.

>> THAT IS FINE. >> MOST OF THEM, IF YOU BRING A DRIVE THERE, THAT SHOULDN'T BE AN ISSUE ANYWAY. I KNOW YOU ASKED FOR IT BY RIGHT. BUT WHEN PNC APPROVED IT, YOU ONLY GET THE THREE. SO IT IS NOT CHANGING A LOT.

>> WE ARE IN AGREEMENT TO COME BACK AND RE-PRESENTED BEFORE

COUNSEL? >> I JUST DON'T HAVE THAT

INFORMATION. >> ONCE WE KNOW WHO THE RETAILER IS WE WILL DRAW IT UP WITH ELEVATION.

>> CAN I ASK LEGAL OR STAFF THE QUESTION? AT THAT POINT, THIS IS ALREADY ZONED BY THE ORDINANCE WITH THE SITE PLAN. I JUST REMEMBER THIS ON 14TH AND HAWKINS AND ALL THE APPROVAL WE WERE JUST APPROVING THE SITE PLAN.

>> ANY RESTAURANT OVER 1000 SQUARE FOOT, THAT WOULD BE REQUIRED. THAT IS NOT TAKEN OUT OF HERE, EVEN WITH THE DRIVE THERE. IF THE DRIVE-THROUGH IS LONGER THAN THAT THAT WOULD STILL COME BACK FOR THE CITY USE PERMIT

>> I WAS TRYING TO MAKE IT EASIER.

>> I SEE WHAT YOU'RE SAYING. >> ALL SIX SITE PLANS WE ARE NOT BY RIGHT GIVING THE SEP. BUT WE WOULDN'T THEN EITHER.

WE WOULD FOR THE GROCERY STORE.

>> THERE ARE LAYERS OF WHAT YOU COULD COME BACK BEFORE YOU.

>> AGAIN, WE ARE LOOKING AT PARKING AND THEN WE ARE

LOOKING AT THE FLOW. >> I AM HAVING A LITTLE BIT OF

[01:50:04]

BUILDOUT? >> HOW CAN HE EVEN RUN A

PROJECT THIS SIZE >> I THINK WE ARE TALKING TO

SEVERAL DIFFERENT ITEMS. >> I WOULD ARGUE WITH THAT, BUT

WE DO NOT HAVE IT RIGHT NOW. >> WE ARE GOING TO GIVE HIM SEVERAL USAGES . HE WANTED FIVE. IS THAT CORRECT? THE SUV ON THE OTHERS. I THINK WE SHOULD GIVE THE FOLKS THE

ABILITY >> I WOULD BE OKAY WITH THAT, BUT THAT DOES NOT COME TO US. IT IS NOT ALL SET. IN MY MIND I

AM GOING TO SET IT. >> YOU CAN SET IF YOU WANT TO ALLOW PARKING THROUGH THAT ORDINANCE.

>> IN ADDITION, AS FAR AS THE SITE PLAN GOES AMEND THE LANGUAGE IN HERE TO ALLOW THAT APPROVAL. TWO COME BACK BEFORE COUNSEL WITH THE IMPROVEMENT SITE PLAN, IT WILL GO BACK TO

THE ENTIRE ZONING PROCESS. >> SO QUESTION ONE THAT IS IF

WE ARE OKAY WITH IT . >> WOULD YOU NOT PREFER TO KNOW

THAT? >> ABSOLUTELY.

>> WOULD HE NOT PREFER TO KNOW THE ADDED LANDSCAPING.

>> WE ARE OPEN TO ADDING ADDITIONAL LANDSCAPING. TO MAKE THE STREET FEEL MORE RESIDENTIAL. WE HAVE PLENTY OF ROOM TO LANDSCAPE THIS TO MAKE IT FEEL MORE RESIDENTIAL AND ALLOWING US THE OPPORTUNITY TO. SO I THINK WHAT WILL MAKE THIS A LOT EASIER AS WE ARE GOING TO TAKE IT STEP-BY-STEP. AFTER EVERYBODY FINISHES THEIR QUESTIONS. SO, IF IT IS THE REAR OR FRONT PARKING, DO NOT ASK HERE, WE WILL COME BACK TO THAT. DOES ANYONE HAVE FURTHER QUESTIONS?

>> I AM FINE. >> WHAT IS YOUR DESIRE TO HAVE THESE SIX BUILDINGS WITH A MAIN ENTRANCE FACING INWARDS TOWARDS

THE PARKING OR OUTWARDS -- >> MOST RETAILERS WILL BE

FACING THE STREET. >> FACING WALNUT GROVE ROAD .

>> JUST AS A TRADITIONAL RETAILER THEY WILL BE PARKING

ON THE STREET. >> THERE IS A CERTAIN AMOUNT OF BACK OF HOUSE WITH THESE DEVELOPERS .

>> IS NOT IDEAL TO HAVE THE PARKING IN THE REAR OF THE BUILDING ANYMORE. IF THAT WAS THE CASE THE PARKING IS IN THE REAR OF THESE BUILDINGS FOR THE MOST PART. RIGHT?

>> KEEP IN MIND, THIS IS WHAT STAFF IS RECOMMENDING. THIS DOES NOT SHOW THE PARKING IN THE FRONT.

>> WE DID THAT RECOMMENDATION WITH TWO ON WALNUT GROVE.

>> ARE THERE ANY OTHER QUESTIONS BY COUNSEL?

>> NON-PARKING . >> SODA WHY.

>> I STRONGLY DISLIKE STORAGE UNITS. THE RETENTION POND I AM THINKING ABOUT THE NEIGHBORS. ALL OF THOSE TREES ARE GOING TO BE RIPPED OUT I AM ASSUMING THAT IS WHERE THE RETENTION POND IS GOING. THOSE TREES THAT ALREADY HAVE A BUFFER OF THE

NEIGHBORHOOD. >> THERE WILL BE A LOT OF GRADING IN THE AREA ON BOTH DIRECTIONS OFF THE SITE. BOTH WILL BE LEVELED OUT AND THE DRAIN WAYS AND THE ROADWAYS ARE

AT THE RIGHT GREAT. >> MOTHER THE RETENTION POND WAS UP AGAINST THAT OR EVEN PULLED OUT IF IT IS AN

ELEVATION THING. >> THAT IS CORRECT.

>> THAT IS WHERE THE STRUCTURE IS FOR US TO TAKE OUR WATER TO THAT POINT. THAT IS THE REDESIGN. THAT IS WHY WE HAVE IT WHERE IT IS IN THAT CORNER. ANY OF THE COMMON AREA WITH THE AGREEMENT WITH THE RETAILER. THE OWNER OF THAT RETAILER, IF

[01:55:03]

>> HOW MANY ARE IN THE UNITS?

>> 90,000 PEOPLE. TWO FLOORS. THIS IS A LEVEL THREE FACILITY.

NO DRIVE-UP. IT IS ALL INSIDE PER THE CONDITION. BEING A LEVEL THREE MEANS THAT YOU HAVE KEYCODE. SO, THE CUSTOMER COMES UP, THE CAMERA CATCHES THE KEYCODE. YOU GET THE DATE STAMP AND THEN THEY GO TO A DOOR AND COME INTO THE BUILDING. YOU CAN TRACK THEM COMPLETELY THROUGH THE BUILDING, BACK OUT THE DOOR AND OUT THE EXIT GATE. AND TELL YOU EXACTLY WHO IT WAS, THE HOURS THEY WERE THERE AND THE WHOLE PROCESS.

>> CAN YOU EXPLAIN TO ME YOUR POINT OF VIEW ?

>> FOR THIS DEVELOPMENT IT IS VERY LOW IMPACT. ON A BUSY DAY WE MAY GET 50 CUSTOMERS. WE JUST DO NOT GET VERY MANY CUSTOMERS. PEOPLE WILL COME IN AND DROP THEIR STUFF OFF. IT IS A SMALL FACILITY WITH RETAIL FACILITIES THAT ARE THREE OR FOUR FLOORS HUNDRED AND 50 TO 200,000 SQUARE FEET. IT MADE SENSE TO US WITH A PIECE OF THE PROPERTY IN THAT CORNER. TO GET A RETAILER TO GO BACK THERE. I WILL NEVER GET A RETAILER TO TAKE THAT BACK WITH PHYSICAL USE FOR IT. IT IS IN THE NEIGHBORHOOD. PEOPLE LIVING IN THOSE NEIGHBORHOODS NEED STORAGE. A FIVE MINUTE TRIP, NOT A 30 MINUTE TRIP. THAT IS WHY WE DID NOT MAKE A FOUR STORY FACILITY OUT OF IT. THE OTHER PLUS IS THAT WE CATERED THIS BUILDING TO THE NEIGHBORHOOD. THERE ARE NO WINDOWS ON THE SECOND FLOORS.

WE WILL NOT BE IN ANYBODY'S BACKYARD. IF WE ARE CLOSED IN THE EVENING, WE ARE CLOSED. YOU DON'T HAVE TO WORRY ABOUT PEOPLE COMING INTO THESE FACILITIES AT ALL HOURS OF THE

NIGHT. >> AM I HEARING RIGHT AT THE LOWEST PART OF THIS ENTIRE DEVELOPMENT FROM THE GRADING STANDPOINT YOU WILL BE GRADING AWAY FROM THE PERIMETER?

>> THERE IS A HIGH POINT IN THE CENTER OF THE SITE.

>> HOW MUCH ELEVATION CHANGE ARE WE TALKING ABOUT?

>> WE HAVE QUITE A BIT. WE HAVE ABOUT 15 FEET ON THE WHOLE SIDE. BUT IT IS A PRETTY BIG SITE. SO THE SLOPE APPEARS TO BE GENTLE BUT IT DOES HAVE A PRETTY GOOD FALL ACROSS. ROBERT JUST MENTIONED THE MIDDLE OF THE PARKING LOT IN THE DIAGONAL MANNER AND I WOULD SAY ABOUT A THIRD TO 40% THAT COLLECTS THE RUNOFF AND GOING TO REDUCE THE AMOUNT THAT WAS THERE BECAUSE THERE ARE SOME CONCERNS WITH DRAINING. WHEN THE DEVELOPMENT GOT CONSTRUCTED THEY PUT A WIDE INLET THERE AT THE LOWEST

POINT. >> WHERE DOES THAT COLLECTION

DRAIN TOO? >> IT DRAINS THROUGH A COUPLE OF LOTS IN BETWEEN THE TWO LOT INTO THE STREET AND THEN MAYBE HALF A MILE THEN THERE IS A CREEK AND THAT IS WHERE IT ALL COLLECTS. SO WE WILL DESIGN UP TO THE CAPACITY IN THE RETENTION POND UP TO THE CAPACITY OF THAT SO IT DOES NOT HAVE ANY ADVERSE IMPACT INTO THE CREEK OR THE NEIGHBORHOOD AND IT WILL BE A DRY POND WITH ENOUGH SLOPE THAT IT DOESN'T EVER HOLD WATER. YOU DON'T HAVE TO WORRY ABOUT MOSQUITOES OR ANYTHING LIKE THAT. SO WE CAN PUT SOME OF THAT INTO THE POND.

WITH THAT, WE WILL TAKE ADVANTAGE OF THE TOPOGRAPHY SO YOU HAVE ABOUT THREE FEET AND THEN HAVE THE TREES. DO NOT HAVE ANY WINDOWS FROM THE SECOND STORY FACILITY AND NOT

[02:00:03]

ALREADY >> WHAT IS THE DIFFERENCE TO THE ELEVATION WHERE THE FENCE LINE IS ALONG THE HOUSES TO THE NORTH AND THE FOUNDATION OF THE BUILDING? IF WE ARE TALKING ABOUT 15 FEET OF ELEVATION CHANGE FROM THE CENTER OF THE LOT I AM ASSUMING THAT WILL BE AT LEAST FIVE TO SIX FEET OR SOMETHING LIKE THAT. SO ESSENTIALLY, THAT IS GOING TO BE PUTTING THAT BUILDING EVEN HIGHER ABOVE THAT FENCE. HAS THERE BEEN ANY CONSIDERATIONS WITH DOING A HIGHER PRIVACY

WALL BETWEEN THE PROPERTIES? >> WHAT THE STAFF HAD ASKED FOR AND WHAT WE AGREED TO IS PUTTING A MASONRY WALL SO YOU GET THE EIGHT FEET AND THEN THE TRADITIONAL GROWTH OF THE TREES, THEN THE NEIGHBORS WITH THEIR LANDSCAPE YOU ARE GOING TO HAVE A PRETTY GOOD GAP BETWEEN THE PROPERTY LINES.

>> YOU PROJECT THE HEIGHT FROM THE TOP ELEVATION DOWN AND YOU HAVE THAT TRIANGLE LINE OF SIGHT BY THE TIME YOU GET TO THE FENCE LINE. BECAUSE IT IS SO SET BACK FROM THE PROPERTY LINE. SO, I AM SEEING THE 7.7 FEET ON HERE. SO SOMEBODY SMARTER THAN ME DO THE MATH FOR 12 FEET TREES THAT ARE GOING TO

BLOCK 35, 36 FOOT HOLDING. >> WHEN YOU HAVE A BUILDING LIKE THAT --

-- >> I UNDERSTAND THAT. BUT YOU ARE TELLING ME IF SOMEONE DID THE MATH THAT 12 FOOT TREES ARE

GOING TO COVER THAT? >> WE ARE NOT PROPOSING TO PUT

LARGER TREES THAN THAT. >> THE MEXICAN WHITE OAK.

>> IF THERE IS A FASTER GROWING TREE AND WE WANT THAT -- INAUDIBLE ] WE WILL HAVE TO ACCOMMODATE THAT. IF YOU WANT TO BUILD A DEVELOPMENT LIKE THIS 212 FOOT FLOORS WITH A GENTLE SLOPE. 32, 33 FEET. SO, LESS AS YOU GO BACK.

>> ACCORDING TO THAT TYPE OF TREE WOULD BE 40 FEET TALL.

>> 40? OKAY. >> AND THEY ARE FAST-GROWING.

RIGHT? >> YES SIR.

>> I AM HUNG UP ON THE TWO STORY STORAGE WITH THOSE HOUSES ON THE EAST SIDE. THEY ARE GOING TO BE IN FULL SHADE ABOUT 6:00 IN THE EVENING AS THE SUN COMES FROM BEHIND THE BUILDING.

FOOT LANDSCAPING ANOTHER 25 TO 35 FEET PAYMENT -- PAVEMENT.

>> YOUR TOTAL HEIGHT WITH THE PITCH OF THE ROOF WAS WHAT?

>> THE WATER TO THE BACK. AT THAT POINT, 24, 2018 COVERED

UNITS. >> JUST TO GIVE YOU AN IDEA, I THINK MOST OF OUR HOUSING RESTRICTIONS ARE ABOUT 35 FEET.

SO, ABOUT AS WHAT WE ALLOW FOR A HOUSE.

>> WE HAVE THE ARCHITECTURAL DETAILS THAT THE CITY

REQUESTED. >> CONCERNED ABOUT ENCROACHING UPON THE HOMES WITH THE ZONING CHANGE. SO, REALISTICALLY, AS SAD AS IT SOUNDS, THIS HAS BEEN THIS WAY SINCE 2017 I THINK.

>> I AGREE WITH THAT. I ALSO FEEL LIKE THIS IS THE TIME TO GET IT SET THE BEST WE CAN. I MEAN, I AM NOT AGAINST THIS CORNER BEING DEVELOPED. I THINK IT IS A GOOD IDEA. I AM NOT CONCERNED ABOUT THE TRAFFIC. I HAVE A FEELING THAT IS GOING TO BE FIXED HERE IN A COUPLE OF YEARS. I AM JUST PICTURING 36 FOOT BUILDINGS BEHIND ALL OF THESE TREES THAT ARE GOING TO

[02:05:01]

>> THEY ARE DOING THAT ON THE PARAMETERS. HERE IS THE PROBLEM. THE LAST THING YOU WANT TO MAKE THEM DO IS MAKE THEM GO UP ON THE WALL. THEN THEY ARE JUST LOOKING AT THIS PRISON FROM THE WALLS BEING UP SO HIGH. THOSE TREES ARE NOT GOING TO GROW IN THREE YEARS. SO, IN TIME IT WILL PREPARE ITSELF THE BEST THAT IT CAN. ACTUALLY GOING WITH THE MEXICAN OAKS, WITH WHAT A LOT OF THAT IS, THAT IS DEFINITELY ABOVE.

THAT IS THE HIGHER END OF OUR ORDINANCE REQUIREMENT WITH WHAT WE ARE MAKING. WE ARE ALSO PUTTING OUR LEAST DEMANDING USES AT THE BACK. THE GROCERIES IN DELIVERIES WITH ONE EVERY OTHER DAY. STORAGE CLOSES ITS GATES, NO ONE COMES IN THERE.

15 ON A BUSY DAY. WE OWN AND OPERATE THIS. WE HAVE NINE AROUND THE STATE AND WE ARE ALL VERY CONSISTENT IN THIS.

>> ONE LAST QUESTION ON THE STORAGE UNITS. DO Y'ALL HAVE THIS TYPE OF DEVELOPMENT IN OTHER CITIES? THIS ISN'T THE FIRST TIME YOU HAVE TRIED THIS. SO YOU HAVE A TRIED AND TRUE APPROACH AND CAN YOU TELL US ABOUT THAT?

>> RIGHT NOW, SAME RETAILER, SAME TYPE OF STORAGE. TWO STORIES. VERY IDENTICAL LAYOUT . ALMOST A MIRROR IMAGE OF THIS RIGHT OFF OF 77 ON BOTH SIDES WITH RESIDENTIAL STREETS AND THEN RESIDENTIAL BEHIND US. ALMOST IDENTICAL. THEY REQUESTED THE TWO STORY BUILDING WE ADDED LANDSCAPE BUFFERS. THIS IS A PROCESS THAT WE HAVE DONE BEFORE.

>> JUST REAL QUICK I HAVE QUESTIONS OF MY OWN. I WILL SHOOT THEM OFF REAL QUICK AND GET BACK TO THE DISCUSSION. I THINK MOST OF THEM ARE FOR STAFF THOUGH. I WANT TO TALK ABOUT THE THINGS IN THE RECOMMENDATIONS. THAT WE TYPICALLY DO DEVELOPMENTS? BUT ON HOUSES, DO WE NORMALLY HAVE LANDSCAPING PUT IN AT THE END? DO WE REQUIRE THIS AT THE BEGINNING OF ALL DEVELOPMENTS? IS THAT ALL ACROSS BEFORE THEY

CAN PERMIT FOR CONSTRUCTION? >> FOR THE LANDSCAPING . IS THAT STANDARD? IF I WILL BE NORMALLY DO?

>> NO, IT IS NOT. THIS IS TRYING TO GET A BUILDING PERMIT. WHAT THE APPLICANT IS REQUESTING IS THAT CO FOR THE FIRST PHASE. SO LET'S SAY IT IS A GROCERY STORE AND THEY WANT IT INSTALLED WITH THE PERIMETER LANDSCAPING, AS WELL AS THE WALL AT THAT POINT. WITH THE BUILDING PERMIT ISSUANCE.

SO, IS STAFF OKAY WITH HAVING TO DO ALL OF THE LANDSCAPING FOR PHASE ONE OR DO YOU WANT IT ALL BEFORE PERMITS?

>> IT IS ALL AROUND THE SAME TIME.

>> I WILL TRY TO CLARIFY. SO, THE PERIMETER LANDSCAPING WITH A 10 FOOT BUFFER , YOU SEE WHERE YOU SEE ALL OF THESE TREES ON THE PERIMETER? THAT LANDSCAPING WITH THOSE TREES AND SOME HYDRO-MALT AND SOME KIND OF GRASS. THAT AREA IS WHAT STAFF WOULD LIKE TO SEE ALL COME IN AT ONE TIME. WE CAN DEBATE WHAT EARLY MEANS WHY THEY LIKE THE BUILDING PERMIT AS OPPOSED TO THE COO IS THAT WHEN SOMEONE GETS IN AND GETS BUILT, IT IS THIS THING OF I MADE PROMISES AND I MUST OPEN.

DON'T DELAY ME WHEN WE ATTACH IT TO A CO WE WILL GIVE IT THE LEVERAGE. NOW, IT IS A LITTLE BIT MORE ACCEPTABLE IN THE COUNTERPROPOSAL THAT THEY ARE WILLING TO SAY FOR THE FIRST CO. IF IT IS THE GROCER OR NOT, IT IS NOT SO MUCH MATTER TO ME PERSONALLY. BUT THE FIRST ONE ISSUED ANYWHERE ON THAT PROPERTY IS THE TEST FOR BY WHEN ALL PERIMETER LANDSCAPING SHOULD GO IN. BUT THAT IS ACCEPTABLE.

>> PUT A CHECKBOX NEXT TO THAT AND WE ARE GOING TO MOVE ON.

>> THEY ARE NEEDED TRAFFIC STUDIES. ON THE 15 FOOT SIGNS,

[02:10:04]

>> FIVE? IS THIS NORMAL FOR US, IS IS OUT OF THE REALM FOR

US? >> I WOULD SAY THEY ARE UNDER SIGNAGE FOR THAT PERSPECTIVE. IN THEORY, EACH ONE OF THESE PLOTS WOULD BE PERMITTED TO HAVE SOME SMALL MONUMENT. THEY WOULD AT LEAST BE ABLE TO HAVE SOME KIND OF GROUNDS ON IT. SO, IN THAT REGARD, IT IS UNDERSIGNED IN TERMS OF THE

QUANTITY. >> OKAY. ON THE ROAD CONCERNS ARE WE ON THE TURN LANES, I KNOW THEY ARE PAYING FOR IT, BUT ANY OTHER EXPANSION CAN WE MOVE IT OUT OF THAT IMPACT

ZONE? >> WE WOULD PROBABLY BE LOOKING MORE ON THE WALNUT GROVE SIZE BUT I THINK WE DO HAVE 1387

VESTED, AS WELL. >> CAN WE MAKE IMPROVEMENTS TO

THE STATE ROAD >> I AM NOT SURE WHERE THEY ARE IN THEIR STATUS IF THAT IS SOMETHING THEY WANT US TO DO AS

PART OF OUR PROJECT. >> THIS IS MY LAST QUESTION.

SORRY. ON THE CAR CHARGING STATIONS, THESE ARE NOT AGAINST THE OFF-SITE ADVERTISING ORDINANCE?

>> I WILL DEFER TO THE CITY ATTORNEY ON THAT ISSUE OF

REGULATING CONTENT. >> IS IT AGAINST THE OFF-SITE

ADVERTISING ? >> ARE YOU ADVERTISING OTHER THINGS OR ADVERTISING OTHER THINGS?

>> MY UNDERSTANDING IS THAT YOU ARE NOT SUPPOSED TO REGULATE THE CONTENT. IF YOU CAN'T ADVERTISE SOMETHING OFF-SITE THAN IT IS DIFFERENT THAN I THOUGHT.

>> SO, WHAT ARE WE SAYING? >> WE HAVE A RESTRICTION AGAINST OFF-SITE ADVERTISING. SO GROCERIES CANNOT PUT

ADVERTISEMENTS -- >> THAT IS WHAT I AM ASKING. IS THIS ALLOWING AN EXCEPTION TO THE OFF-SITE ADVERTISING?

>> CAN YOU REQUIRE IT NOT TO ADVERTISE ANYTHING OFF-SITE?

>> THAT IS WHAT I AM SAYING. WHEN IT CAME TO SIGNAGE, IT DID NOT TALK ABOUT THE VISUAL ONES.

>> I GUESTS MY UNDERSTANDING IS THAT WE ARE NOT SUPPOSED TO REGULATE THE CONTENT. MY UNDERSTANDING HAS BEEN -- THAT IS WHY IT IS NOT IN THERE BECAUSE I DID NOT THINK WE WERE SUPPOSED TO REGULATE THE CONTENT.

>> AT LEAST WE HAVE THE ANSWER. WE SHOULD PROBABLY PUT THAT ON THE LIST WITH THE COUNCIL. UP FRONT. WHICH PART?

>> PREMIER LANDSCAPING. YEAH.

>> STAFF WOULD BE FINE WITH THAT.

>> THE ONLY THING I WILL TELL YOU AS SOMEONE WHO KNOWS A LITTLE BIT ABOUT DEVELOPMENT, ALL OF THAT LANDSCAPING WILL GET RID OF. ALL OF IT. THEY WILL KNOCK IT ALL DOWN AND MAKE IT LOOK PRETTY. THAT IS WHY THEY TYPICALLY DO IT TOWARDS

THE END. >> IN FIVE YEARS THERE WILL BE LIKE SIX FOOT TREES IN AFTER ANOTHER FIVE OR SIX YEARS. IT

[02:15:01]

>> I DON'T KNOW. Y'ALL CAN VETO ME ON THAT.

>> AGAIN, THE REASON FOR THE TREES GOING IN , WE ARE GOING TO BE DOING -- EVEN WHEN WE DID THE BIG DEVELOPMENT, THE AMOUNT OF EQUIPMENT IN THE AMOUNT OF DIRT AND DISTURBANCE TO THE SOIL IS SUBSTANTIAL, PUTTING IN A WATER LINE TO FEED AND INSTALL TREES, WATER LINES ARE GOING TO GET BROKEN AND TREES ARE GOING TO RUN OUT OF WATER IN JUNE, JULY, AUGUST. I WOULD MUCH PREFER TO SEE ALL OF THE TREES GO IN AT ONCE. ONCE WE PUT THE WALL UP AND THOSE TREES IN, WE CAN DO THAT. OKAY, THE ONES IN FRONT OF THE STREET ARE THE ONES I AM MOST CONCERNED

ABOUT. >> I ONLY CARE ABOUT THE ONES

UP AGAINST THE HOUSES. >> IT WOULD BE GREAT IF WE

COULD DO IT. >> HE IS CORRECT. THERE ARE GOING TO BE TREES THAT ARE DAMAGED. THERE ARE GOING TO BE SOME THAT AREN'T GETTING WATER PROPERLY. IT WILL ALL BE MATCHING AND CHRIS. I THINK YOU ARE GOING TO BE NOT HAPPY

WITH WHAT YOU END UP GETTING. >> I AM NOT GOING TO DELAY THE

MEETING OVER TREES. >> LET ME MAKE SURE WE ARE CLEAR . WE ARE ALL WITH WORKING DOWN THE SLOPES. OKAY. WE ARE GOING TO START WITH ONE. IT LOOKS LIKE AND YOU ARE OKAY WITH THE TREES AT THE END. MIKE TOO. OKAY. SO AM I. SO THAT IS TAKEN CARE OF. YOU ARE OFFICIALLY VETOED. ITEM NUMBER TWO WHICH SEEMS TO BE THE BIGGEST PROBLEM IS THE PARKING ALONG THE ROAD. SO LET'S FLIP TO THE PARKING PHOTO. HAVE AT

IT. >> MAY I MAKE A QUICK COMMENT? END TO HAVE SHRUBS BY A PARKING LOT TO BEGIN WITH. SO, IF YOU WOULD GO TO 100%, THAT WOULD BE DOING SOMETHING BEYOND THE ORDINANCE. OTHERWISE, IT WORKS WITH 75% OF THE FRONT

END. >> THE BIGGEST QUESTION IS

PARKING IN FRONT OR NOT . >> COUNSEL, I GUESTS TO BREAK IT DOWN WE WILL DO PARKING AND SHRUBS . DOES ANYONE WANT FRONT PARKING? OKAY, THAT IS THREE. OKAY. WE GOT FRONT PARKING. WE WILL ALL BE VETOED BY THE END OF IT. SO LET'S GO TO THE HEDGES. DO WE WANT 75% OR 100%?

>> THAT IS THE MINIMUM. >> FROM A SAFETY STANDPOINT, I LIKE THE HEDGES. IF I AM PARKING UP AGAINST 1387 AND MY CHILD DARTS, AT LEAST THE HEDGE CAN SLOW THEM. THE PERCENTAGE I DON'T CARE ABOUT, BUT I THINK THERE SHOULD BE HEDGES.

>> IS THERE NO REASON TO NOT HAVE?

>> I AM JUST SAYING OUR ORDINANCE REQUIRES 75% AND THAT IS FOR ANYPLACE THAT DOESN'T ALREADY PAY FOR IT. SO, THAT IS THE MINIMUM STANDARD, 75%. SO THAT IS ALREADY REQUIRED. IF YOU ARE WANTING SOMETHING MORE, YOU WILL NEED TO TELL US MORE THAN 75% OR ADDED AN ADDITIONAL BUFFER DISTANCE OR SOMETHING BEYOND THE 10 FOOT WHERE THE TREES ARE IN THE YARD.

>> 100, ANYONE ELSE? >> IS THAT PICTURE ON THE LEFT WITH WHAT WE ARE GOING TO END UP WITH? OKAY. OKAY. I GOT YOU.

LOT MORE GREEN SPACE. >> DOES ANYBODY ELSE WANT 100%?

[02:20:07]

>> 75%? NO? NO? ALL RIGHT. OKAY. 75% ON THE HEDGES. THEY ARE TAKING NOTES. I AM WATCHING BOTH OF THEM. MAINTAIN THE 330 SPACING REQUIREMENT ON WALNUT GROVE ROAD. THAT IS A SPACING QUESTION. OUR STANDARD IS THE 330.

>> YES, SIR. >> I WANT TO MAKE SURE, IS THERE ANOTHER SLIDE ON THERE? WE ARE ALSO ASKING FOR TWO RIGHT TURN LANES. IS THAT A SEPARATE VARIANCE ON THIS?

>> THIS IS JUST THE LENGTH FROM THE DRIVEWAY. THEY ARE AT 280.

SO, BASICALLY WHAT THEY ARE ASKING FOR IS WALNUT GROVE 413

87? >> WALNUT GROVE.

>> FROM THAT ENTRANCE POINT AT THE VERY TOP THEY HAVE 330 FEET UNTIL THE NEXT ONE. THEY ARE REQUESTING 680.

>> YES, SIR. >> IS NOT BETWEEN THE THREE AND

THE TWO? >> YES SIR. HOW THEY WOULD LIKE TO LAY OUT THE LOT AND MEETING THAT INITIAL SETBACK FOR THE

FIRST DRIVEWAY FROM 13 87. >> WE THOUGHT THERE WAS SOME BENEFIT TO PUSHING THAT BACK FURTHER FROM THE INTERSECTION SO THAT PEOPLE HAVE ROOM TO GET INTO A T CELL LANE. THAT SEEMS TO BE WHERE WE HAVE ALL THE TRAFFIC. WALNUT GROVE WILL BE A DIVIDED LOOK -- LANE. I WILL LET HIM SPEAK TO THAT. THIS IS A MAJOR ARTERIAL VERSE A MINOR ARTERIAL. THE REASON WHY WE ARE LOOKING AT HAVING DRIVEWAYS LINED UP KNOWING THIS GETS DIVIDED, THERE WILL BE A COMEDIAN OPENING HERE WITH BOTH OF THESE PROPERTIES INTO A MEDIAN LOOKING AT THIS BEING RIGHT IN, WRITE OUT ON THIS DRIVEWAY. STAFF DOESN'T BUILD

VARIANCES HERE. >> IS THE INTENTION TO BRING RETAIL TRAFFIC THROUGH THAT, AS WELL?

>> SO, DID I UNDERSTAND THAT YOU ARE OKAY WITH IT, JERRY?

>> NORMALLY WHAT WE SEE , WE HAVE SEEN THIS WITH KROGER.

COUNCIL APPROVES THE DRIVES BASED ON THEIR SITE PLANS. BUT BASED ON HAVING IT TIED DOWN TO WHERE THAT IS LAID OUT WITH WHAT THE USER NEEDED FOR THEIR DRIVE. AGAIN, THAT IS USUALLY WHAT WE ARE SEEING FROM THAT STANDPOINT. RIGHT NOW, IT COULD SHIFT ANOTHER 50 FEET FURTHER TO THE SOUTH. IT WILL STILL MEET THE 330 COMING UP HERE FROM THAT STANDPOINT.

ULTIMATELY, IT SHOULD BE RIGHT IN, RIGHT OUT WHEN WALNUT GROVE

IS APPROVED. >> WITH THIS FROM THE STOP LIGHT, I ALWAYS PREFERRED THE STEP BACK FURTHER SO I DON'T HAVE TO GO ALL THE WAY OUT HERE TO GET TO TOWN. SO IT IS THAT

OUTAGE TOO, ISN'T IT? >> IT WILL PROBABLY BE A MEDIAN OPENING THAT IS THERE. OUR SPACE IS 600 FEET.

>> ANYONE ELSE WANT TO SPEAK? >> THAT IS THREE. ALL RIGHT.

ESTABLISH THE PROPERTY OWNERS DECLARATION. WE CAN MARK THAT OFF. TRAFFIC SIGNAL. I THINK THEY ALREADY AGREED TO THAT. IS THAT CORRECT? THE TIMING OF WHEN IT IS DONE?

>> OUR APARTMENTS GO IN. I THINK THEY ARE GOING TO WANT TO

[02:25:03]

>> SO, WHEN YOU SAY ON YOUR REQUEST, THE FINAL ROADWAY THAT THE WIDENING PROJECT. SO, FIVE YEARS, SIX YEARS, WHENEVER THAT IS DONE, THAT IS IT OR NOT.

>> IT IS MORE MECHANICAL, NOT A PHYSICAL

>> JUST FROM A STAFF STANDPOINT OPTIMIZE EXISTING, RIGHT NOW TODAY, AS SOON AS THIS IS OPEN WE GO OUT AND TRY TO OPTIMIZE

IT TODAY. >> YOU WANT TO SEE WHEN YOU HAVE THE MAIN USERS OPEN TO MAKE SURE IT IS WORKING AS PROPERLY AS IT COULD BE. THEY COME IN WITH THEIR PROJECT, THEY ARE GOING TO BE OPTIMIZING IT IT COULD BE A THREE, FOUR YEAR DIFFERENCE. SO WE WANT TO LOOK AT IT WITH THE GROCERY STORE GOING IN. YOU WANT TO MAKE SURE THAT IS WORKING WITH

THE WILL. >> THAT IS GOING TO STAY ON THE FIRST PHASE. STAFF IS RECOMMENDING THAT IT BE DONE.

IS EVERYBODY ELSE FINE WITH THE FIRST PHASE OPTIMIZATION ON THE STREETLIGHTS? OKAY, THERE IS THREE. NORTHBOUND RIGHT WITH

THE TURN LANES. >> NO. THEY ARE WANTING TO NOT DO THAT. THEY ARE WILLING TO DO ONE OF THE TWO.

>> CAN YOU FLIP BACK TO THE PLANS?

>> TWO, TWO, TWO. WE ARE GOING TO GO WITH STAFF'S RECOMMENDATIONS. THE 200 MINUTES MAX ON THE EV CHARGING.

HAVE TO WORRY ABOUT THAT. AND THAT WOULD BE FIVE AI. IT TALKS ABOUT THE CHARGING STATIONS AT 16 SQUARE FEET PER SIDE ON THE CHARGING STATION. WE CAN ELIMINATE ALL OF THE ISSUES.

>> I WOULD LIKE TO ELIMINATE THE ADVERTISING.

>> THAT WOULD BE. >> CORRECT.

>> GOT ONE, GOT TWO, GOT THREE. SO, NOW WE ARE ON PLANNING AND ZONING RECOMMENDATIONS. IT IS GOING TO BE OVER THE MONUMENT SIDES TO ALLOW ONE MONUMENT SIGN OVER 11 FEET.

>> 11 TO 15. SORRY. >> THAT WAS THE ORIGINAL.

THERE IS THREE. THE ONE WITH THE DRIVE THROUGH, THAT WILL BE PERMITTED TO ONE GROCER, ONE RESTAURANT, ONE FOR A

NON-RESTAURANT. >> THEY ARE SAYING THAT THREE OUT OF THE SIX HAVE THE RIGHT.

>> YEAH. SO THE TWO COULD COME BACK TO THE RIGHT OF THE

RESTAURANT. >> THEY ARE ALSO ASKING THAT IT

NOT BE DEFINED . >> OKAY.

>> ANY PREFERENCES? >> LET'S STICK WITH THE DRIVE

THROUGH. >> I GUESTS THE DRIVE THROUGH FIRST. THEY ARE LIMITING ONE DRIVE-THROUGH TO THE GROCERY STORE. THEY USE THE DRIVE THROUGH. ONE FOR A RESTAURANT AND ONE FOR A NOT RESTAURANT WHICH WOULD BE A BANK.

[02:30:25]

. ONE RESTAURANT. >> OVER AND ABOVE THE PHARMACY.

I DON'T HAVE ANY IDEA IF THAT WILL BE A BANK OR TWO RESTAURANT. WE ARE SEEING THIS WITH TRADITIONAL RESTAURANTS

>> WE CUT THAT BACK TO TWO TOTAL.

>> BUT THE DEVELOPER JUST PROPOSED .

>> ONE PHARMACY. >> THERE IS TWO. THERE IS

THREE. >> ALL RIGHT, COUNSEL WILL ADDRESS STAFF RECOMMENDATIONS AND VPNS HE NATIONS. WHEN WE DID OUR ANALYSIS WE DID 457. BASED ON THAT THE NORTHERN DRIVE ON WALNUT GROVE WASN'T WARRANTED. SOUTHERN WAS ABOUT 120 VEHICLES AND A BANK. WE THOUGHT THAT WAS FAIR. BUT NORTHERN, IT WAS LESS THAN 30. IT DID NOT MEET ANY REQUIREMENTS AND THEY ARE PRETTY STRICT ON THAT FRONT.

THAT IS ONLY THE ONE ON THE SOUTHERN DRIVEWAY.

>> CORRECT. >> MY CONCERN OF NOT HAVING ONE FOR THAT IS THAT IT WILL PRIMARILY BE USED FOR SEMI TRUCKS. WHEN THEY WERE MAKING A RIGHT-HAND TURN THEY WILL HAVE TO SWING INTO ONCOMING TRAFFIC WITH THAT ADDITIONAL LANE IT WOULD BE AN INITIAL SAFETY MARGIN FOR THE RESIDENTS.

>> A NORMAL DRIVE WITH IS 34 FEET WE ARE PROPOSING THIS TO BE 30 FEET AND WE ALSO HAVE CURB RETURNS ON A MUCH WIDER RADIUS THAN NORMAL. SO WE HAVE RENTED THE TRUCK MODELS AND THEY MAKE IT WITHOUT MOVING ON TO THE OTHER LANES VERY ADEQUATELY. WITH THE LOW FREQUENCY OF TRUCK TRAFFIC AS THEY MENTIONED EARLIER. THEY CAN MAKE IT VERY SWIFTLY THAT

DOESN'T REALLY WARRANT IT. >> THAT STAFF RECOMMENDATION IS COMING FROM ENGINEERING . IF YOU FEEL LIKE BOTH ARE NEEDED.

>> WITH THE WAY THAT WALNUT GROVE IS CONFIGURED IT IS TO GET THE TRAFFIC OFF OF THE MAIN LANES IF NECESSARY. THAT IS WHAT THE EXAMPLE WAS AT THAT TIME GIVE THE OTHER TWO OR THREE LANES ARE ON THE OTHER SIDE YOU CAN GO THROUGH. SO, THAT IS WHAT WE WERE LOOKING AT.

>> SO, THAT IS YOUR RECOMMENDATION?

>> YES SIR. >> OKAY, COUNSEL, I WILL ENTERTAIN A MOTION. ITEMS LISTED OUT IN FRONT OF COUNSEL.

IF ANYONE HAS A MOTION. >> YOU HAVE THE NOTES.

>> I DON'T KNOW IF YOU ARE GOING TO MAKE A MOTION .

>> I WOULD LIKE TO MAKE A MOTION .

>> GO AHEAD. >> I MOTION TO TABLE UNTIL WE CAN ACCOMMODATE THE ORDINANCE WITH ALL OF THE DECISIONS THAT WILL BE MADE TONIGHT. I THINK WE NEED TO GO BACK AND REWRITE

[02:35:01]

>> WHAT ARE YOUR CONCERNS? >> WITH JOE'S ADVICE , LISTING ANYTHING THAT HE WOULD FIND OUT OF CONSISTENCY.

>> I HAVE BEEN GOING TO THE DEVELOPMENT ORDINANCE. IF YOU ARE UNCOMFORTABLE IN YOUR MOTION IS TO APPROVE THE ORDINANCE THAT IS WHAT I WOULD LIKE TO DO.

>> I WILL LET EVERYONE ASK THE QUESTION . ARE THERE ANY MORE

QUESTIONS? >> NO SECOND, THE MOTION FAILS.

MOTION. >> SORRY, CAN I CLARIFY ONE THING FIRST? WE TALKED ABOUT A LITTLE BIT AND THEN WE NEVER CAME BACK TO THIS. I KNOW WE CHANGED THE PARKING IN THE FRONT BUT IS IT IF THE DETAILED SITE PLANS NEED TO COME BACK

BEFORE US. >> RIGHT NOW IT IS

ADMINISTRATIVE. >> IT IS ADMINISTRATIVE. RIGHT? I JUST WANT TO MAKE SURE THAT WE FEEL COMFORTABLE WITH THESE CHANGES. ARE WE COMFORTABLE THAT WE CAN MAKE THESE CHANGES

ADMINISTRATIVELY? >> IF I UNDERSTOOD THE DEVELOPMENT , AND IT KIND OF WHAT HE WAS STATING TO HAPPEN

CORRECT? >> THE WAY IT WAS WRITTEN UP IS THAT WE WOULD GO IN FRONT OF ADMINISTRATIVE IF WE CAN'T AGREE. I CAN'T BYPASS THE SYSTEM WITHOUT HIS APPROVAL. WE ARE TRYING TO SPEED UP THE PROCESS SO IT IS AN EASY

APPROVAL. >> I JUST WANTED TO MAKE SURE THAT EVERYONE WAS CLEAR AND COMFORTABLE FROM A STAFF STAND POINT BECAUSE YOU WAS DECIDING WHAT TO DO.

>> DO WE HAVE A MOTION? >> I WOULD LIKE TO MAKE A

MOTION. >> WHAT IS YOUR APPROVAL?

>> PASSED WITH THE FOLLOWING STIPULATIONS. I AM GOING TO GO THROUGH THESE. ALL PERIMETER LANDSCAPE WILL BE INSTALLED PRIOR. 280 DRIVEWAY SPACES ALONG WALNUT GROVE. THE DECLARATION IS OKAY INSTEAD OF THE DOA. TWO NORTHBOUND RIGHT TURN LANES. NO SIGNS. TWO OF THE 15 FOOT SIGNS ARE OKAY. ON THE SEP, TWO ON THE RIGHT AND THEN ONE --

>> THAT IS CORRECT. >> EMOTION AND A SECOND. NO

ONE STEAL MY NOTES. >> I WILL VOTE IT.

>> YOU ARE FINE. TAKE YOUR TIME.

>> THAT PASSES 5-0. THANK YOU, GUYS.

>> THANK YOU FOR COMING. >> WE APPRECIATE YOU WORKING WITH US WITH THE COUNCIL AND THE CITY ALL THE WAY THROUGH

THIS. >> I WILL ASK IF YOU WANT A BREAK. OKAY. IT IS 8:39 AND THE COUNCIL IS GOING TO TAKE A A MINUTE. I WILL WAIT FOR MIKE. COME SPEAK TO US

[2024-095]

[02:40:07]

>> THANK YOU, MAYOR PRO TEM, COUNSEL. LOOKING FOR WAYS TO LEVERAGE THE FUNDS THAT YOU HAVE ENTRUSTED US WITH TO MAXIMIZE THE BENEFIT TO THE CITIZEN. WE HAVE BEEN LOOKING AT DIFFERENT GRANT WRITERS AND WE CAME ACROSS GRANT MATCH AND THEY ACTUALLY SEEM TO BE A BETTER FIT FOR WHAT WE WANTED TO DO. THEY HAVE A DATABASE THAT WE CAN GO THROUGH AND THEY ALSO HAVE GRANT WRITERS THAT ARE COMFORTABLE WRITING FEDERAL GRANTS AND IT IS MORE OF AN EAT WHAT YOU KILL WHERE YOU DON'T GET THE GRANT, YOU DON'T PAY. SO THE BOARD VOTED UNANIMOUSLY TO APPROVE THIS CONTRACT BUT WE WANTED TO BRING IT TO Y'ALL FOR YOU TO REVIEW AND SEE IF YOU HAD ANY QUESTIONS.

>> ARE THERE ANY QUESTIONS? >> POSSIBLY, POSSIBLY NOT. THE MODEL RIGHT NOW IS PAY-AS-YOU-GO. THEY TAKE A

PERCENTAGE. CORRECT? >> CORRECT. THE INTENTION OF THIS IS FOR US TO GO OUT LOOKING FOR GRANTS FOR THE CITY FOR THIS TO ASSIST BUSINESSES OR THE COMMUNITY AND ACHIEVE

GRANTS, AS WELL? >> IT WOULD BE FOR THE CITY.

THEY CAN DO INFRASTRUCTURE. THEY CAN HELP WITH THE SAFE STREET GRANTS. WE WOULD NOT EXCLUDE PARTICIPATING WITH COMPANIES OR SMALL BUSINESSES. BUT THE INTENT IS TO FIND

GRANTS FOR THE CITY. >> RIGHT NOW, THOSE GRANTS THAT WE ARE APPLYING FOR CURRENTLY, IS THIS OFFLOADING FROM STAFF TO AN OUTSIDE AGENCY THAT WE ARE GOING TO PAY OR IS IT SOMETHING NEW THAT WE DO NOT HAVE THE SKILL SET FOR?

>> THE INTENTION WOULD TO BE GO AFTER MORE GRANT THAT WE ARE NOT ABLE TO WRITE. THERE IS A DOWNTOWN REVITALIZATION ZION OF THE GRANT THAT I DO NOT HAVE THE TIME TO WRITE. I DON'T KNOW IF WE HAVE HAD ANYBODY ON STAFF DOING THAT. IT IS AN

EFFORT TO BE ABLE TO DO MORE. >> SO, WHAT CONTROLS ARE BEING PLACED ON THIS COMPANY THAT IS APPLYING FOR THESE GRANTS ON OUR BEHALF? THEY ARE GOING OUT LOOKING FOR THE MAXIMUM AMOUNT OF DOLLARS BUT I DON'T KNOW THAT THEY ARE NECESSARILY CONCERNED WITH ACHIEVING GRANTS THAT ARE GOING TO BE IN OUR BEST INTEREST RATHER THAN JUST TRYING TO GIVE US MONEY REGARDING OF WHAT ARE THE IMPACTS OF THE GRANTS.

>> THERE IS A DATABASE THAT WE GO THROUGH AND THEY DON'T ENGAGE IN GRANT WRITING UNLESS WE ASKED THEM TO. SO THE PROCESS WOULD BE I WOULD GO THROUGH THE DATABASE AND IDENTIFY A GRANT THAT I THOUGHT WOULD FIT. I WOULD TALK TO WHOEVER, LET'S SAY IF IT WAS SAFE STREETS. THAT IS JUST AN EXAMPLE OF DOING SOMETHING FOR THAT. IF IT WAS THE SAFE STREETS GRANT, I WOULD GO TALK TO CLYDE AND ADAM AND I WOULD SAY DO YOU THINK THIS WOULD BENEFIT? SO, WE WOULD COORDINATE WITHIN THE CITY TO SEE IF THIS IS A GRANT THAT WOULD BENEFIT US AND THEN WE WOULD GO TALK TO GRANT MATCH ABOUT THEIR GRANT WRITING SERVICES. SO, THEY ARE NOT JUST WRITING GRANTS THEY ARE WRITING ONES THAT WE WANT THEM TO WRITE. THEY ARE NOT GOING TO WRITE THEM BECAUSE THEY WILL LOSE 40 TO 100 HOURS. THEY ARE NOT GOING TO WRITE THEM UNLESS THEY THINK THERE IS SOMETHING THEY CAN GET. BUT IT IS NOT JUST CARTE BLANCHE WE ARE GOING TO GO START WRITING A GRANT.

>> SO MY QUESTION WOULD REVOLVE AROUND TYPICALLY NOTHING IS FOR FREE. SO WHAT IS THE COST WITH THIS? IS IT A PERCENTAGE OF THE VOLUME OF THE GRANT?

>> IT IS 10% AND THEN AFTER THAT IT IS 5%. SO A MILLION-DOLLAR GRANT WOULD COST US $100,000 TO WRITE AND THEN THE PARAMETERS OF THE GRANT, FOR EXAMPLE, SAFE STREETS IS AN 80-20 GRANT YOUR $100,000 UP FRONT AND THEN WE WOULD BE RESPONSIBLE FOR THE OTHER 20,000 AND WE COULD GAIN THE

80% OF THAT 800,000. >> DO THEY HAVE A SET PROCESS WITH WHICH THEY PURSUE? MY PREY -- AMERICANS AREN'T IS WHAT IT INVOLVES IN SATISFACTION OF THAT GRANT WITH SHORT-TERM OR LONG-TERM THERE IS THE ACTIVITY FOR CITIES TO MEET THE DEMANDS

[02:45:05]

WILL KEEP ON A PLATFORM? >> WE CERTAINLY CAN DO THAT.

PART OF THE RESEARCH OF THE GRANT ARE THOSE PARTICULARS.

FOR INSTANCE, AGAIN, SAFE STREETS. THAT IS JUST BECAUSE I SPENT SO MUCH TIME RESEARCHING IT.

>> WE CAN STATE SOME OF THE REQUIREMENTS AS FAR AS THE

STUDY? >> YOU CAN IF I AM UNDERSTANDING WHAT YOU ARE SAYING BUT YOU CANNOT CHANGE

THE GRANT. >> I AM JUST STATING THAT I WOULD WANT TO KNOW WHAT THE PLAN REQUIRES IN THE SHORT AND LONG-TERM AND THEN COUNSEL COULD MAKE THE ULTIMATE

DECISION. >> I FEEL LIKE WE JUST DID THIS FOR SAFE STREETS. IT CAME TO US. IT IS ONE THING TO BE AWARDED THE GRANTS, IT IS ANOTHER THING TO RECEIVE IT.

>> A LOT OF TIMES CITING PUBLIC SAFETY, THAT IS A LOT OF WHAT WE DO WHEN WE APPLY FOR THE PARTICULAR GRANT THE CITY MANAGER WITH THE AUTHORITY. WE WANT TO BE CLEAR THAT THIS IS NOT -- WE ARE NOT LOOKING TO USE GRANT MATCH TO GO RIGHT PUBLIC SAFETY GRANTS THAT WE ARE GETTING. THIS IS FOR THINGS

THAT THEY ARE LOOKING TO DO. >> THE ONLY AREA, I KNOW HEATHER HAS BEEN IN ALL OF THIS CONVERSATION ON OUR PART. IF THERE WERE TRAIL PARKS AND TRAIL SYSTEMS AND THINGS LIKE THAT, OBVIOUSLY HEATHER WOULD BE IN ON IT AND WHAT THEY ARE GOING TO BE DOING WITH ALL OF THAT. SO, ALL OF THAT WOULD BE COORDINATED. ARE YOU GOING TO SAY SOMETHING ELSE? I JUST WANTED TO SAY IN THE WORLD OF FUNDRAISING, THIS IS NORMAL.

THIS IS NOT LIKE A WEIRD THING. ALSO, I WOULD LOVE FOR US TO HAVE MORE GRANT MONEY WHOEVER. THAT IS MY PERSONAL OPINION.

>> ANY QUESTIONS, COMMENTS? >> I DO WANT TO FOCUS ON THAT IT IS MY BELIEF WHEN WE GO THROUGH A PROCESS LIKE THIS TAKING A LOAD OFF OF STAFF, WHICH IS WHAT I AM ALL FOR. IT IS INCREASING THE AMOUNT OF GRANTS AND IT CAN BECOME EASY WHEN THEY SAY WE ARE GOING TO GIVE YOU $500 MILLION TO SAY WHATEVER WE HAVE TO DO. I DO REALIZE THIS IS FOR PROJECTS.

ULTIMATELY, COUNSEL DOES GAVE THE FINAL VOTE ON ALL PROCEEDS.

THE APPROVAL THEREOF BECAUSE THEY ARE OVERSEEING WHAT IS BEST FOR THE CITIZENS. SO I AM VERY INTERESTED TO GO THROUGH THIS PROCESS THAT WE SET UP THE PARAMETERS WITH WHAT THE ATTACHMENTS ARE. THAT WE JUST DON'T GET TO THIS RUBBERSTAMP AND RUM. PRINT WENT BACK TO THE SAFE STREET GRANT, BUT I RESEARCH ACTIVITY ONLY TWO PARAMETERS THAT WERE SET ON THAT IS THAT YOU HAD TO PRESERVE HISTORICAL LANDMARKS AND A.D.A. COMPLIANCE. THOSE ARE THE ONLY TWO STRINGS ATTACHED TO THAT GRANT. SO, IT JUST TAKES PROPER RESEARCH AND

LOOKING AT THOSE THINGS. >> MY UNDERSTANDING IS THE PROCESS, YOU WILL IDENTIFY THE GRANT. HE WILL BRING THAT GRANT TO APPROVAL TO PROCEED TO THE APPLICATION. OKAY. THEN, I HAVE AN ISSUE WITH THIS. YOU KNOW, IF WE ARE GOING THROUGH THIS PROCESS ACCORDING TO THE GRANT MATCH MATERIAL THAT IS IN THE PACKET. IF WE APPLY FOR A GRANT AND IT IS SUPPORTED, REGARDLESS OF WHAT THE COUNCIL SUPPLIES, WE DECIDE NOT TO TAKE IT, THEY ARE STILL TAKING OFF THEIR PERCENTAGE OFF THAT GRANT. WE WILL HAVE TO PAY IT. SO, THAT PUTS US IN A BIND WHERE WE ARE GOING TO HAVE TO PAY FOR THESE GRANT, OUR PERCENTAGE TO THAT COMPANY REGARDLESS IF WE SPEND THE

[02:50:02]

MONEY. >> I AGREE WITH THAT. WE REALLY NEED TO IDENTIFY AND IT SAYS IN WRITING WHY THEY ARE NOT GOING

TO PURSUE THAT PARTICULAR. >> IN THE POINT OF BRINGING IT BEFORE YOU WAS BECAUSE WE RECOGNIZED THAT IS STILL IN EXPENDITURE. IF WE GET A MILLION-DOLLAR GRANT, WE CANNOT EXPEND, WE CANNOT MOVE FORWARD WITHOUT YOUR APPROVAL OF US

GETTING THAT 10%. >> THIS TAKES IT OUT OF OUR HANDS. WE WILL BE MOVING FORWARD WITH THAT EXPENDITURE

REGARDLESS >> THE PROCESS THAT YOU CAME BEFORE US WITH TONIGHT THAT UTILIZES THIS SERVICE TO SEARCH FOR THOSE GRANTS THAT YOU WOULD THEN BRING TO COUNSEL WOULD PUT US IN A FINANCIAL BIND WHERE WE WERE ON THE HOOK TO PAY FOR THOSE GRANTS REGARDLESS WHETHER OR NOT WE CHOOSE TO USE THEM.

YOU DEFINITELY HAVE TO CHANGE THAT PROCESS. IT WOULD HAVE TO GO TO COUNSEL BEFORE IT UTILIZED THE SERVICE.

>> THAT IS NOT A PROBLEM. >>

>> WE WORK TOGETHER TO IDENTIFY CERTAIN APPLICATIONS TO APPLY FOR. IF YOU DECIDE TO NOT APPLY -- THEN IF THE CLIENT ELECTS TO FILE THEY SHOULD BE ENTITLED TO FEES. SECTION 3, IT SAYS THAT THE CLIENT WILL PLAY FOR FUNDING APPLICATIONS APPROVED BY THE CITY OR GOVERNMENT. SO, IT HAS TO BE APPROVED BY YOU BEFORE THEY WOULD ACTUALLY BE ENTITLED TO ANY COMPENSATION.

COUNSEL SAYS WE ARE NOT GOING TO MOVE FORWARD, WE DO NOT WANT YOU TO MOVE FORWARD WITH THIS APPLICATION, THEY WOULD NOT WORK ON IT UNTIL YOU GET THE APPROVAL.

>> STAFF GIVES THE APPROVAL TO WORK ON THE APPLICATION.

>> STAFF CANNOT GIVE THAT APPROVAL UNTIL AFTER CITY COUNCIL SAYS YES, GO AHEAD.

>> MY ASSUMPTION IS YOU WILL WORK TOGETHER ON WHICH ONES YOU WANT TO MOVE FORWARD WITH FOR COUNSEL. REQUEST APPROVAL UNCERTAIN GRANTS, GET A THUMBS UP AND THEN THEY ARE ENTITLED

TO COMPENSATION. >> WE MIGHT WANT TO CLARIFY TOO . INSTEAD OF APPROVED, MAYBE WE SHOULD SAY THE GOVERNMENT BODY OF CITY COUNCIL. SO, THAT WAY IT IS CLEAR THAT IF THIS GETS APPROVED AND WE SIGN IT THAT IT IS NOT MELISSA, IT IS NOT ME IT IS CITY COUNCIL HAS TO APPROVE THE APPLICATION. I THINK THAT WOULD HOPEFULLY CLEAR UP YOUR CONCERN. I AGREE WITH YOU WITH THE WAY IT IS WRITTEN NOW. WE HAVE TO PAY IF WE GET IT.

>> ASSUMING THAT YOU CAN HAVE IT FOR HERE IS THE NEXT SIX

MONTHS. >> I THINK I JUST HEARD YOU WILL WORK THIS OUT BUT I AM STILL A LITTLE BIT PERPLEXED.

BUT WE GIVE THEM THE APPROVAL TO WORK ON THE GRANT AND WE DON'T HAVE ALL OF THE INFORMATION OF THE GRANT AT

THAT TIME. >> WE WILL.

>> WE WILL? IF THEY DON'T PROVIDE THIS INFORMATION, MCC

WILL. RIGHT? >> WE CAN DO IT EITHER WAY.

>> GOING BACK TO WHAT WAS BEING SAID AND I AM TRYING TO AVOID THAT NOW. YOU SAY WE WANT TO DO A GRANT FOR THE PARKING LOT. WE SAY THAT SOUNDS GREAT. GO FOR THAT. IF THEY GET THE INFORMATION AND THEN GRANT MATCH DID THE IN DEPTH STUDY AND FIGURED OUT THERE WERE SOME ATTACHMENTS TO THAT WITH THOSE

LONG-TERM POTENTIAL PROSPECTS >> I UNDERSTAND.

>> IF WE VOTE NO , YOU ASKED US TO DO THIS, YOU CONTRACTED WITH US. THAT IS A MILLION-DOLLAR PARKING LOT. YOU OWE US $100,000. YOU OWE US $100,000.

[02:55:02]

>> THAT IS NOT HOW IT WORKS. >> WELL, THE WAY THAT IT IS WRITTEN, I AGREE. IT SAYS THESE WILL BE INFLUENCED UPON WRITTEN FUNDING AND APPROVAL. IT DOESN'T EVEN TALK ABOUT GETTING THE MONEY. IT JUST SAYS THAT IT'S APPROVED AND YOU GET THE WRITTEN, FUNDED APPROVAL.

>> SHE GOES TO RESEARCH THE GRANT HERE IS WHAT IT IS FOR.

HERE IS WHAT IT IS. HERE ARE THE STRINGS ATTACHED THAT EVERYONE IS TALKING ABOUT. THIS IS WHAT YOU HAVE TO REPORT BACK, THIS IS HOW YOU GET THE MONEY. SHE IS GOING TO KNOW ALL OF THAT. SHE SEND THAT TO US AND WE APPROVE THE WRITING OF IT. SHE SENDS IT OVER AND THEY WRITE IT. IF THEY GET IT.

>> I HAVE SEEN THESE GRANTS BEFORE.

>> ON THE LARGER GRANTS AND THE TIMEFRAME IS GOING TO BE SO DETAILED AND SUB SECTIONS AND SUBSECTIONS. THEY WILL LET YOU KNOW THAT A LOT OF THE PROGRAMS ATTACHED WITH A LOT OF THOSE TRANSPORTATION FUNDS, YOU CAN GET INTO SOME STUFF THAT IS WACKO. I DON'T THINK IT IS GOING TO HAPPEN BUT I DON'T QUITE KNOW HOW TO HANDLE THIS.

>> Y'ALL CAN STOP ME IF I AM WRONG. IF EVERYONE IS OKAY WITH THAT ALONG AS THE PROCESS HAS CHANGED. IF I AM WRONG BY THAT, TELL ME. OKAY? IS THAT SOLVED OR YOU DON'T KNOW ALTOGETHER? THE PLACE OF THE GRANT MONEY. I AM NOT WORKING FOR FREE.

>> WE COULD BE DOING IT AT THE END OF THE YEAR AND IT IS ALL GREAT BECAUSE THEY SAY I REALLY DON'T WANT TO DO THAT.

I HAVE DONE ALL OF THIS WORK. >> YOU KNOW WHAT, YOU MAKE A REALLY GOOD POINT. THAT IS THAT THE TIME IT TAKES TO GET THESE APPLICATIONS, WE VERY COULD WELL HAVE A VERY DIFFERENT COUNSEL FROM THE TIME THAT WE STARTED THE APPLICATION FROM THE TIME IT ACTUALLY COMES TO FRUITION. IT COULD BE A VERY DIFFERENT DECISION AS TO WHETHER OR NOT WE WANT THOSE

GRANTS. >> I WANT TO DO THIS TO HELP YOU , BUT I AM WORRIED I'M GOING TO GET A BLACK EYE SAYING WE ARE NOT DOING THAT. I AM GOING TO GET A BLACK EYE FROM

IT. >> THREE KEN BENNETT WRITTEN IN A WAY THAT WHAT HAS TO HAPPEN FIRST, WE WILL NOT PAY UNTIL THE FUNDING AND THE APPLICATION IS APPROVED BY THE CITY COUNCIL AND THEN SUBSEQUENTLY APPROVED BY WHATEVER GOVERNMENTAL AGENCY IT IS.

>> THAT IS OUR REQUEST, WE DON'T HAVE ANYBODY HERE TO

AGREE TO THOSE TERMS. >> I THINK THEY WILL AGREE TO

MOST OF IT ON THE REDLINE. >> I WOULD SAY TOO THAT MOST OF THE TIME SOME OF THE PUBLIC SAFETY STUFF, AND A LOT OF TIMES WE JUST ASK THEM TO APPLY FOR IT AND THEN IF WE GET IT IT IS ACCEPTED. WE DON'T BRING IT BACK A LOT OF TIMES AFTER THE FACT. SO I JUST WANT TO CAUTION YOU THAT I DON'T KNOW THAT A LOT OF THESE WOULD BE COMING BACK. IF COUNSEL REVIEWED IT AND SAID YES WE WANT TO APPLY FOR IT AND ACCEPTED, IF WE GET APPROVAL WE ARE ACCEPTING IT. I DON'T KNOW IF THAT IS GOING TO HAPPEN AND WHERE IT COMES BACK TO THAT I THINK THE ONLY TIME THAT WE HAVE REALLY SEEN THAT WOULD HAVE BEEN ON SAFE STREET.

COUNSEL WASN'T 100% SURE THAT THEY WERE COMFORTABLE WITH IT SO THEY ASKED IT TO COME BACK.

>> MOST GRANTS DON'T HAVE HIDDEN STRINGS TO IT. IT IS PRETTY STRAIGHTFORWARD. A LOT OF THE THINGS THAT WE HEAR THAT PEOPLE ARE CONCERNED ABOUT THEY REALLY APPLY MORE TO UNIVERSITIES AND COLLEGES AND NOT TO TRAILS AND PARKS AND THINGS LIKE THAT. THEY ARE PRETTY UP FRONT. WHAT WE CAN DO, I CAN RESEARCH THE GRANT. I CAN PUT THE GRANT TOGETHER. I CAN REACH OUT TO THEM AND SAY ARE YOU WILLING TO WRITE THIS? DO YOU KNOW ANY SPECIFICS TO IT?

>> THEY ARE USED TO WORKING WITH GOVERNMENT ENTITIES. IT IS NOT THAT WE ARE THE FIRST ONES EVER. GOING TO HAVE CERTAIN CONCERNS OVER THE TYPES OF GRANTS WE ARE APPLYING FOR. I AM READY TO MOTION WHENEVER YOU ARE.

[03:00:02]

>> OKAY. WE HAVE A MOTION. AS IT PRESENTED ARE WHAT ARE THE

CHANGES? >> WE HAVE A MOTION WITH A STIPULATION THAT THE ATTORNEY IS GOING TO REDLINE. I WILL SECOND THAT. COUNSEL VOTE. IT PASSES 4-1.

[2024-096]

>> Y'ALL FORGOT YOU ARE WAITING ON ME. NOW OPEN ITEM 2024-96. AUTHORIZING THE CITY MANAGER TO IMPLEMENT AND REVISE THE POLICIES FOR FIREFIGHTER AND POLICE OFFICER POSITIONS.

>> WE FOUND THAT THE ENTRY POLICIES FOR FIREFIGHTERS AND POLICE OFFICERS NEED TO BE ADJUSTED. THIS WILL SUPPORT CANDIDATES WHO ARE TRAINING WITH EXPERIENCES IN A SIMILAR ROLE AND IT WILL INCREASE THE CITY'S ABILITY TO BE COMPETITIVE WITH OTHER AGENCIES. LATERAL HIRES ARE ABLE TO BE WORKING IN THE CAPACITY THAT IS NEEDED IN A SHORTER TIME FRAME DUE TO THEIR EXPERIENCE AND CREDENTIALS THAT THEY POSSESS FIRST AS AN ENTRY-LEVEL. IT WOULD REQUIRE MORE TIME AND FUNDING TO COMPLETE THAT TRAINING. WE UTILIZED OUR MARKET FOR COMPARABLE CITIES TO CREATE THOSE POLICIES THEY RECEIVE. THAT IS BASED ON -- INAUDIBLE ] TO BE ELIGIBLE FOR STAFF.

>> GO AHEAD. >> OUR CURRENT POLICY REQUIRES

THE CERTIFICATION, RIGHT? >> IT REQUIRES IT BASED ON THE STEP YOU ARE INTO. THE EDUCATION IS ONLY THE WIRED FOR TRAINING IS, IT IS NOT REQUIRED FOR THE FIREFIGHTERS.

>> I GUESTS MY CONCERN IS WHO MADE THAT DECISION ORIGINALLY TO REQUIRE THAT AND WHY ARE WE DEVIATING FROM THAT?

>> IT IS NOT IN LINE WITH THE MARKET. WE ARE THE ONLY ONES THAT REQUIRE A SPECIFIC EDUCATION LEVEL OR CERTIFICATION TO GO INTO THAT STEP YOU THEY WILL STILL HAVE TO HAVE THE EDUCATION AND CERTIFICATION THAT REQUIRE YOU TO BE ELIGIBLE FOR THE POSITION. BUT I CAN ATTEST AS

TO WHY. >> THE STEP REQUIREMENTS ARE GOING TO BE THE SAME FOR A PERSON COMING IN AS A LATERAL AS THEY WOULD FROM -- IS THAT CORRECT? WOULD THERE BE ANY DIFFERENCE IN THOSE REQUIREMENTS?

>> REQUIREMENTS FOR THE POSITION ITSELF?

>> IF THERE WAS A POSITION FOR AN INTERNAL OFFICER THAT WAS TRYING TO OBTAIN. THE REQUIREMENTS PUT ON THAT

OFFICER, >> IF ANYTHING, IT WOULD BE MORE DO THEY HAVE TO HAVE A SPECIFIC NUMBER OF YEARS SO IT

WOULD END UP BEING THE SAME. >> THAT WAS MY MAIN QUESTION.

THANK YOU. >> -- I HAVE A MOTION AND A

SECOND. >> PLEASE VOTE . IT PASSES 5-0.

[2024-097]

POSITIONS. >> SO, THE NEW LATERAL POLICY WOULD CAUSE COMPRESSION FOR CURRENT EMPLOYEES WHICH WILL INHERENTLY ALLOW APPLICANTS AND SOME OF OUR OFFICERS AND FIREFIGHTERS ARE CURRENTLY AT BECAUSE IT WASN'T OPEN FOR THEM BEFORE BECAUSE WE HAD THOSE REQUIREMENTS. SO WE HAVE SOME NEW HIRES THAT ARE ON STEP THREE THAT HAVE MORE THAN THE TWO TO FIVE YEARS WITH OFFICER CERTIFICATION. THIS WOULD ESSENTIALLY MOVE ALL OF THE COMPRESSION FOR THE EMPLOYEES

BASED ON THAT LATERAL POLICY. >> WE WERE HEARING SOME CONCERNS RAISED BY THE OFFICERS THAT THEY WOULD BE

[03:05:02]

IS WHAT WE ARE TRYING TO FIX. >> THIS IS MORE TO ADDRESS THE

CURRENT EMPLOYEES. >> THIS ONLY ADDRESSES THE CURRENT. THIS ADDRESSES THE CURRENT EMPLOYEES.

>> IS THE FINANCIAL IMPACT -- >> WE ARE GOING TO COVER IT WITH OUR CURRENT SALARY. WE WILL HAVE TO DEAL WITH THAT WHEN IT COMES. BUT WE WILL BE ABLE TO COVER IT.

>> A QUESTION OR EMOTION? I MAKE A MOTION TO APPROVE AS

PRESENTED. >> A MOTION AND A SECOND.

COUNSEL WILL VOTE. THAT PASSES 5-0.

[2024-098]

>> DINKY. >> DINKY. 2024 98, PROVIDE DIRECTION TO STAFF ON A REQUEST PERMITTING TO MIDLOTHIAN PROVIDING WATER SERVICES TO PROPERTIES CURRENTLY LOCATED -- WITHIN MIDLOTHIAN'S EXISTING CERTIFIED WATER SERVICE AREAS.

>> THANK YOU . I BELIEVE YOU ARE AWARE THAT THERE HAS BEEN INTEREST OUT IN THIS AREA PERMITTED ELEMENT STANDPOINT.

RIGHT NOW IT IS PUSHED OUTSIDE OF OUR CITY LIMITS. HOWEVER, IT FALLS WITHIN THIS SHADED AREA HERE WITHIN THE WATER SERVICE AREA, WHICH IS SET UP WHERE MIDLOTHIAN PROVIDES INDUSTRIAL USE ONLY. MOUNTAIN PEAK PROVIDES ALL OF THE USES IN THAT AREA. SO, RECENTLY A LETTER WAS SENT TO THE CITY MANAGER'S OFFICE FROM THE CITY MANAGER AND IT HAD A NUMBER OF QUESTIONS THAT THEY WERE ASKING FOR. REALLY THE SHORT OF IT IS GOING TO BE IN THE DULY CERTIFICATED AREA. WE HAD AN ABILITY TO PROVIDE RETAIL OFFICERS WITH RETAIL WATER SERVICE OUTSIDE OF OUR CITY LIMITS. SO IT IS A UNIQUE SITUATION THAT WE ARE IN WITH THAT AREA AT THIS TIME. SO, GRAND PRAIRIE IS REQUESTING THAT WE WOULD HOLD SALE AN ADDITIONAL 1 MILLION WATERS TO GRAND PRAIRIE. GRAND PRAIRIE WILL -- THEY ARE PLANNING ON ANNEXING HERE IN THE NEAR FUTURE. SO, THE QUESTION AT HAND IS HOW DOES THE CITY WANT TO TREAT THIS AREA FOR INDUSTRIAL USE WATER SERVICE? THE MATTER AT HAND WITH THE DISCUSSION OF WANTING TO MEET.

SO THEY DID RECOMMEND THAT THEY PROVIDE THE ADDITIONAL 1 MILLION GALLONS. A WHOLE CELL CONTRACT. WE HAVE A CONTRACT RIGHT NOW THAT PROVIDES $2 MILLION PER DAY. WE ALSO LOOK FOR GRAND PRAIRIE TO SECURE THE ADDITIONAL WATER SO THEY ARE NOT UTILIZING OUR WATER SUPPLIES, WE WOULD TREAT IT, WHOLESALE IT IN THE AREA. WE WOULD BASICALLY BE THE WHOLESALE AND THEY WOULD BE THE PROVIDER IN THE AREA. THOSE ARE THE KIND OF QUESTIONS AT HAND. MIDLOTHIAN WATER RETAIL IN THIS AREA. FOR THEM TO WHOLESALE IT SO THEY CAN BE TAILORED IN THE AREA. ULTIMATELY SOUNDS LIKE -- OUR INFRASTRUCTURE IN ANOTHER CITY DEALING WITH THAT CITY WITH OUR INFRASTRUCTURE. THAT IS THE QUESTION AT HAND. THAT LETTER IS INCLUDED IN YOUR PACKET. I DO KNOW THERE IS A QUESTION THAT CAME UP. I HAVE ASKED AND REACHED OUT. WE ARE JUST REALLY INTERESTED TO SEE AT THE ANSWERS WE WOULD GET AT THIS POINT OF TIME. A FUTURE FOR ADDITIONAL WATER WITH THE FLEXIBILITY THAT DOES NOT HAVE TO BE PROVIDED BY THE CITY. SO IT CAN COME FROM ANOTHER PROVIDER. BUT IF COUNSEL WERE TO AGREE TO THE EXISTING CONTRACT BRING THAT BACK AND THEN ULTIMATELY BACK TO COUNCIL FOR APPROVAL. ANY QUESTIONS THAT YOU MAY HAVE?

>> THIS IS INSIDE OF GRAND PRAIRIE CCM. IT CORRECT?

>> YES SIR. SO, THEY HAVE EVERYTHING BUT INDUSTRIAL. WE HAVE INDUSTRIAL WITHIN.CCN PROPERTY.

[03:10:06]

>> I AM NOT INTERESTED IN OUR TOTAL , WHAT IS OUR AVAILABLE

CAPACITY? >> LAST SUMMER I THINK WE WERE

LOOKING AT ABOUT 20 TO 21. >> ARE YOU SAYING THAT IS FREE? I DON'T NEED TO KNOW TOTAL CAPACITY. TOTAL CAPACITY MINUS CURRENT PEAK USE RATE AND OTHER CONTRACTS. WHAT IS LEFT OVER?

>> YES SIR. BASED ON THAT , LOOKING AT IF WE DID THE 20 LESS THAT WE ARE GOING TO. WE ALSO HAVE 12 WHERE WE ARE LOOKING AT 26 MGD. YOU ARE LOOKING AT ABOUT 16 RIGHT NOW.

>> 16 AVAILABLE? >> THIS IS BASED ON THE EXPANSION WHERE IT IS ONGOING RIGHT NOW.

>> IF WE WERE TO NOT GRANT THIS WISH, I AM ASSUMING WE WILL NOT

LOSE THE ENTIRE SCOPE >> YEAH. THAT WILL BE A GOOD QUESTION. I DON'T KNOW. IT IS SOMETHING THAT WE HAVE TO TALK TO OUR WATER COMMUNITY. TAKING ACTION ON CITIES NOT PROVIDING SERVICE WITHIN THE AREA. BUT THEY ARE ALSO FAMILIAR WITH ACC AND STRUCTURE LIKE THIS. PROVIDING FOR INDUSTRIAL --

>> I AM NOT TRYING TO STATE THAT OUT. BUT IN OTHER WORDS, WHY? WHERE WOULD BE LOSE NOT THE WHOLE CCN. WITH QUESTIONS LIKE THAT, I CANNOT MAKE A DECISION TONIGHT. THOSE QUESTIONS ARE NOT ABLE TO BE ANSWERED.

>> THEY WOULD HAVE TO GO TO BE CERTIFIED TO CERTIFY US FOR SERVING IN THAT AREA IF THEY EXTENDED IT. I DON'T KNOW.

>> I THINK THAT WOULD BE PROPERTY OWNER BY PROPERTY OWNER. IT IS THE SAME PROCESS . SO I THINK EACH PROPERTY OWNER AND KEEP IN MIND THERE IS ONE LARGE PROPERTY OWNER

>> BUT YOU ARE NOT POSITIVE. >> YOU SAID I THINK BUT I DON'T HAPPEN TO POSITIVELY KNOW EXACTLY WHAT IS GOING TO

HAPPEN. >> I DON'T THINK ONE PROPERTY OWNER SHOULD SPEAK FOR ANOTHER PROPERTY OWNER. I AM NOT 100% SURE BUT I AM 95% SURE THAT EACH INDIVIDUAL PROPERTY OWNER

WOULD HAVE TO GO. >> THIS WAS A QUESTION I ASKED IN THE UAD MEETING. WHAT HAPPENS WHEN THEY DON'T APPROVE? DOES THAT JEOPARDIZE OR IS IT ONLY FOR A PARTICULAR PIECE OF LAND THAT WOULD BE CHOSEN TO SERVICE. AND THEY DON'T HAVE A DEFINITIVE ANSWER ON THAT. THAT IS THE PROBLEM.

>> I THINK YOU ARE RIGHT. >> I THINK YOU ARE RIGHT TOO.

BUT THEY DON'T HAVE -- A REPRESENTATIVE.

>> I DO HAVE A QUESTION. FOR THE UAD AND WHAT IS GOING ON, I GOT AN INTERESTING PHONE CALL THE OTHER DAY ABOUT LOOKING AT LIMITING WATER USE ON SPRINKLERS. ON THE PEAK OF HIGH DEMAND. SO LONG AGO WHEN I FIRST GOT ON YOU MAYBE IT WAS ALWAYS MY UNDERSTANDING THAT WATER RIGHTS AND WHOLESALE.

CANCEL THE CONTRACT AND THE CITY WOULD HAVE ALL THIS WATER.

YOU SAID THERE IS 16 MBD LEFT. WE ARE LOOKING AT WATER RESTRICTIONS. I AM JUST TRYING TO CONNECT THE DOTS ON THAT ON HOW IS THERE AVAILABLE WATER BUT WE HAVE RESTRICTIONS.

>> ONE THING WAS ON THE CONSERVATION SIDE OF THINGS. WE TALKED ABOUT A UAB ON THURSDAY EVENING YOU'RE OFF PEAK AND DAY TO DAY, YOUR PEAK DAY THAT YOU HAVE IN SUMMERTIME. THAT IS WHAT WE ARE LOOKING AT. SO GOING BACK TO LAST SUMMER. SO RIGHT NOW WE ALREADY HAVE THAT ON THE BOOKS SO IT IS FROM 10 -- 10 CLOCK TO SET THE CLOCK FROM JUNE 1ST TO THE END OF DECEMBER BUT WE WANT TO MAKE TO 8:00 TO 8:00? LAST SUMMER IT WAS STILL 100 DEGREES LATE AT NIGHT EVEN AFTER 6:00 THAT WE NORMALLY HAVE. THE OTHER QUESTION WAS WE WERE HAVING THE PEAK DAY, DO WE WANT TO LOOK AT DOING TWO TIMES A WEEK AND HAVE THAT PROVISION IN, AS WELL SO YOU CAN WATER TWO TIMES A WEEK

[03:15:03]

>> MY QUESTION IS HOW ARE WE GOING TO HANDLE THIS? I DON'T WANT THIS PRINT OUT SEPARATELY IS IT A WORKSHOP, OR WHAT ARE WE GOING TO DO? JUST NOT DO ANYTHING?

>> YOU ARE UNDER NO OBLIGATION IF YOU WANTED TO.

>> WE WILL JUST NOTIFY THEM THAT NO DECISION HAS BEEN MADE IN THE WORKSHOP WE WILL TELL THEM WE WILL HAVE TO DO A

WORKSHOP FOR THIS DECISION. >> IS THERE ANYWAY THAT WE CAN DO EXECUTIVE ON THIS? SO WE CAN HAVE VERY OPEN DISCUSSION.

>> THAT IS THE ONLY WAY.

>> I HAVE THE FIRST ITEM FROM A LEGAL STANDPOINT IS TO GET 100% DEFINITIVE ANSWER AS EACH INDIVIDUAL PROPERTY OWNER HAVE

TO PULL OUT OF OUR -- >> I THINK WE COULD PROBABLY GET WITH STAFF WITH THOSE QUESTIONS.

>> WE CAN GET THEM ON THE PHONE .

>> IF I AM HEARING THIS CORRECTLY, WE ARE GOING TO

TABLE IT. >> WE DON'T HAVE TO TABLE IT.

JUST SCHEDULE IT. >> DO YOU PREFER A WORKSHOP? FOR THE EXECUTIVE SESSION ON THAT, DO YOU PREFER A WORKSHOP?

>> HOW WILL BE DISCUSSED WITH AND COUNSEL? THAT IS WHAT I AM

LOOKING AT. >> WE COULD PUT IT ON A REGULAR

AGENDA. >> YOU WOULD GO BACK TO

EXECUTIVE. >> JUST A WORKSHOP, NOT PART OF THE REGULAR TUESDAY NIGHT MEETING BUT A WORKSHOP SET ASIDE IN EXECUTIVE SESSION THAT YOU WANT TO BE A PART OF.

>> EXECUTIVE WORKSHOP. >> MY PREFERENCE WOULD BE THE ADDITIONAL -- TIMES WHERE WE ARE GOING TO BE HAVING DROUGHTS AND WE WILL HAVE DIFFICULTY SERVICING OUR OWN CUSTOMERS. SO MAYBE ONCE THOSE PLANS ARE ONLINE AND WE HAVE THAT ADDITIONAL CAPACITY WE MIGHT BE ABLE TO LOOK AT IT AGAIN. I DON'T WANT TO TAKE OUT A CONTRACT TO WRITE IT BECAUSE WE DON'T HAVE A

CURRENT CAPACITY IN HAND. >> I AGREE.

>> I HAVE MORE QUESTIONS AND STIPULATIONS THAT I WANT TO TALK ABOUT BUT IF WE ARE GOING TO MOVE FORWARD WITH THAT, I THINK RIGHT NOW -- WE HAVE A FUTURE MEETING ON -- I HAVE A WHOLE LIST OF THINGS THAT I WANT TO TALK ABOUT. BUT WE WILL

WAIT UNTIL -- >> IF WE ARE DECIDING TONIGHT I

WILL SAY NO. >> I AM NOT INTERESTED IN HAVING THE CONVERSATION ABOUT THIS REQUEST BUT WATER.

EVERYTHING THAT IS OUTSIDE OF OUR USAGE I NEED TO HAVE A

CONVERSATION ABOUT. >> PIGGYBACKING OFF OF WHAT IS SAYING FROM THE LETTER, I WOULD JUST PREFER TO SAY NO AND THEY CAN COME BACK TO US IF SOMETHING CHANGES.

>> IF WE SAY NO TO THIS DOES THIS ALLOW US TO HAVE AN EXECUTIVE SESSION WITH A SEPARATE CONVERSATION WITH WHAT

WE HAVE TALKED ABOUT? >> GOING BACK TO THE BROADER TOPIC THAT YOU WANT TO TALK ABOUT THEN CONVENING INTO

[03:20:02]

>> I THINK MIKE IS ASKING FOR A WORKSHOP ON THE ENTIRE SUBJECT OF RESELLING WATER TO PUBLIC MUNICIPALITIES.

>> I WILL ASK ABOUT THAT MORE IN THE EXECUTIVE SESSION COULD I DO NOTHING THAT WE CAN DO THAT . I THINK WE NEED TO HAVE THE DISCUSSIONS IN PUBLIC. I HAVE A LOT OF LEGAL QUESTIONS.

REGULAR AGENDA ITEM . ALL OF THE LEGAL QUESTIONS WILL BE ANSWERED IN EXECUTIVE SESSION.

>> I AM HAPPY TO HAVE IT IN AN ITEM AND THEN WE CAN COME BACK AND DECIDE TO DO ANYTHING WITH THE ITEM.

>> I AM TRYING TO READ THE ROOM HERE, SO BEAR WITH ME. I AM HEARING BOTH. ARE WE GIVING DIRECTION TO HAVE A FUTURE MEETING? AT THAT MEETING WE WILL ANSWER ALL OF MIKE'S QUESTIONS AND RESPOND TO THIS LETTER.

>> YES. >> MY RESPONSE WOULD BE NO TO THE LETTER BUT YES TO THE WORKSHOP ON HOW WE HANDLE THESE

REQUESTS GOING FORWARD. >> WE JUST NEED TO GET CLEAR

DIRECTION TO >> THE EASIEST WAY TO HANDLE

THIS -- >> IS THERE EMOTION?

>> WE WILL TABLE THIS IN ORDER TO GO INTO OUR NEXT COUNCIL MEETING . ATTACHED TO THIS TABLE WILL BE IN EXECUTIVE SESSION ITEM. CORRECT? WEIBEL FALL BACK ON THE EXECUTIVE SESSION ITEM WITH THE REGULAR PROCESS AND MAKE A DECISION.

>> IF THAT IS WHAT THE COUNCIL WANTS TO DO.

>> ARE WE ABLE TO WITHIN MY MOTION, DISCUSS THE LEGALITIES

OF THESE TYPES OF REQUESTS. >> YES.

>> AS LONG AS THEY ARE RELATED . WHEN WE PUT THIS DOWN THE REGULAR AGENDA ITEM WE WILL GO BACK INTO EXECUTIVE SESSION TO ASK QUESTIONS. THOSE QUESTIONS ARE NOT ILLEGAL IN NATURE IF WE ARE GOING TO BE TALKING TO OUR WATER --

>> THAT IS MY MOTION TO DO THAT.

>> LET'S GIVE A DIRECTION BUT IF IT HELPS MOVE FORWARD --

>> A MOTION TO GIVE DIRECTION.

>> EMOTION AND A SECOND. >> WE CAN STILL RAISE HANDS.

>> Y'ALL ARE GIVING ME TWO DIFFERENT ANSWERS . YOU ARE FINE WITH TABLING IT UNTIL THE NEXT MEETING FOR IT TO COME BACK THE RESPONSE TO THE LETTER THIS AGENDA ITEM TO THE NEXT MEETING. IS RAISING HANDS FINE?

>> WE CAN JUST RAISE THE HAND.'T VOTE. WE ALL AGREE. ALL RIGHT.

THAT IS THE LAST

* This transcript was compiled from uncorrected Closed Captioning.