[Call to Order, Pledges, and Invocation]
[00:00:09]
>>> GOOD EVENING. IT'S 6:00 P.M. , TUESDAY, JUNE 24, 2025. WE HAVE A QUORUM PRESENT.
I CALL THIS MEETING TO ORDER. BEFORE WE BEGIN, I WANT TO WELCOME YOU TO THE BEAUTIFUL CITY HALL IN MIDLOTHIAN. THIS IS THE PURPOSE FOR THIS BUILDING. I APPRECIATE YOU TAKING THE TIME TO ENGAGE IN THE PROCESS AND ALLOW YOUR VOICE TO BE HEARD TONIGHT. WE MEET EVERY SECOND AND FOURTH TUESDAY. YOU ARE WELCOME TO JOIN US.
TONIGHT, WE ARE GRATEFUL YOU ARE HERE.
WE BEGIN WITH INVOCATION. THEN WE WILL GET INTO THE MEAT OF THE BUSINESS.
>> LET US PRAY. GOD, WE RECOGNIZE WE ARE PRIVILEGED TO BE A PART OF THIS COMMUNITY. WE ARE THANKFUL FOR THE HONOR THAT YOU GIVE TO US TO BE A COMMUNITY, GATHER TOGETHER. TO BE ABLE TO DELIBERATE AND DECIDE ON ISSUES THAT IMPACT US ALL.
WE ASK FOR YOUR WISDOM. YOU ARE THE GOD THAT CREATED ALL THE EARTH. YOU ARE THE LORD THAT HAS PROVIDED FOR ALL OF OUR WELL-BEING.
WE THANK YOU THAT WE CAN, AS PUBLIC SERVANTS, SIT AND DISCUSSDISCUSS DECIDE.
WE THANK YOU FOR THE CITIZENS THAT LIVE HERE.
WE ASK FOR YOUR BLESSING UPON EVERY FAMILY.
WE ASK FOR YOUR EMBRACE TO EVERY HOUSEHOLD.
WE ASK, FATHER, FOR OUR NATION, THE LEADERSHIP OF OUR NATION TO BE WISE IN DECISION MAKING.
HE WOULD ASK FOR PROTECTION ON ALL OF OUR FIRST RESPONDERS. NOT ONLY HERE BUT ELSEWHERE.
WE ASK, LORD, YOU BE WITH ALL OF OUR SERVICEMEN AND WOMEN AROUND THE WORLD IN THESE VOLATILE TIMES. WE JUST GIVE YOU THANKS, LORD, WE CAN LEAN ON YOU, DEPEND UPON YOU AND TRUST IN YOU. WE DO SEEK YOUR GUIDANCE.
>> STAND AS WE DO THE PLEDGES. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS , ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE STATE OF TEXAS, ONE STATE, UNDER GOD, ONE AND INDIVISIBLE.
[2025-194]
>> THANK YOU, COUNSELMAN SHUFFIELD.
WE WILL BEGIN WITH ANNOUNCEMENTS AND PRESENTATIONS. WE WILL HIT A AND B.
WE WILL START BY RECOGNIZING A FANTASTIC ORGANIZATION COMPANY THAT'S BEEN IN OPERATION IN MIDLOTHIAN FOR 50 YEARS NOW. THEY ARE ONE OF OUR LARGEST IF NOT THE LARGEST EMPLOYER CONTRIBUTING IN A TREMENDOUS WAY BY PROVIDING GREAT JOBS AND BY PROVIDING COMMUNITY ADVOCACY AT A GREAT LEVEL. I WANT TO INVITE DANIEL AND THE TEAM TO JOIN ME AS WELL AS ECONOMIC DEVELOPMENT.
WE ARE HONORED TO HAVE REPRESENTATIVE HARRISON HERE. IF HE COULD JOIN US UP.
REPRESENTATIVES OF THE CHAMBER OF COMMERCE, JOIN US UP HERE AS WELL. WE READ A PROCLAMATION TONIGHT.
I KNOW WE'RE GOING TO HAVE COMMENTS FROM ECONOMIC DEVELOPMENT. YES OR NO? FOR SURE FROM THE CHAMBER OF COMMERCE. YOU WANT TO COME UP?
>> ON BEHALF OF THE MIDLOTHIAN CHAMBER OF COMMERCE, THANKS FOR ALL OF THEIR SERVICE IN THIS COMMUNITY.
THEY HAVE BEEN HERE 50 YEARS. THEY HAVE DONE AN AMAZING JOB IN THIS COMMUNITY SUPPORTING THE CHAMBER AND OUR BUSINESSES. ON THIS DAY, WITH EVERYBODY HERE, IT'S AMAZING TO HAVE SO MANY PEOPLE HERE BEING ABLE TO RECOGNIZE THIS AMAZING INDUSTRY. THANK YOU VERY MUCH.
>> THANK YOU, MAYOR. I AM THRILLED TO BE WITH YOU TODAY AFTER THE LAST FIVE MONTHS -- SPENDING THE LAST FIVE MONTHS IN AUSTIN.
IT'S GREAT TO BE BACK IN TEXAS. A FEW OF YOU WILL GET THAT IN ANOTHER 30 SECONDS.
I'M SERIOUS. WE ARE HERE BUT FOR ANOTHER WEEK OR TWO. THE GOVERNOR ANNOUNCED HE WILL BRING US BACK TO AUSTIN FOR MORE WORK.
I WAS EXCITED I WAS ABLE TO BE HERE WITH Y'ALL THIS EVENING, WITH THE CITY OF MIDLOTHIAN AND ON A COMMEMORATIVE NIGHT FOR ONE OF OUR BIGGEST CORPORATE CITIZENS. SUPER EXCITED TO BE HERE TO HELP CELEBRATE THE 50TH ANNIVERSARY.
[00:05:03]
I AM SO PROUD AND HONORED TO REPRESENT NOT JUST THE LOCAL GOVERNMENTS HERE, MIDLOTHIAN AND OUR SMALL, MEDIUM AND LARGE BUSINESSES.WE KNOW BUSINESS IS THE REAL ECONOMIC DRIVER OF PROSPERITY IN THE STATE OF TEXAS AND THE ROLE OF GOVERNMENT IS TO GET OUT OF THE WAY AND SUPPORT THEM SO WE CAN CREATE JOBS AND GROW OUR ECONOMY, EVEN MORE THAN IT'S GROWING. ELLIS COUNTY WAS NAMED TO BE THE EIGHTH FASTEST GROWING COUNTY NOT JUST IN TEXAS BUT ALL OF AMERICA.
MAYOR, YOU HAVE BEEN FOUND OUT.
PEOPLE ARE COMING HERE IN DROVES.
IT'S ONE OF THE BIGGEST EMPLOYERS IN THE AREA.
IT HAS BECOME VITAL TO THE ECONOMIC ENGINE NOT JUST OF MIDLOTHIAN BUT ALL OF TEXAS. I'M PROUD TO PRESENT THEM WITH A CERTIFICATE OF RECOGNITION. I WILL READ IT. THE STATE OF TEXAS, HOUSE OF REPRESENTATIVES, CERTIFICATE OF RECOGNITION, REPRESENTATIVE BRIAN HARRISON CONGRATULATES THE STEEL MILL ON CELEBRATING THEIR 50TH ANNIVERSARY SIGNED THIS DAY, 24TH DAY OF JUNE, 2025.
>> LAST BUT NOT LEAST, BECAUSE THIS COMES FROM THE CITIZENS OF MIDLOTHIAN, A PROCLAMATION HONERING FIVE DECADES OF SUCCESS. THE STEEL MILL OPENED IN 1975 AS A JOINT PARTNERSHIP OF TEXAS INDUSTRIES AND CANADA'S COAST STEEL INTERNATIONAL.
IT WAS ACQUIRED IN 2007. FOR 50 YEARS, THE MILL HAS STOOD AS A SYMBOL FOR OUR COMMUNITY.
THEY HAVE CONTINUED TO FORGE LASTING PARTNERSHIPS WHILE ENSURING ECONOMIC GROWTH, JOB CREATION AND A BRIGHT FUTURE FOR EMPLOYEES AND THEIR FAMILIES.
IT IS WORKING WITH NEW PRACTICES TO MAKE THE MILL SAFE AND A HEALTHY ENVIRONMENT FOR WORKERS AND THE COMMUNITY.
IN 2021, CONSTRUCTED A 750-ACRE SOLAR FARM TO POWER THE MILL. WE RECOGNIZE AND CELEBRATE THIS REMARKABLE MILESTONE IN THE HISTORY OF MIDLOTHIAN AND HONOR THIS COMPANY FOR THEIR LONGEVITY AND ACHIEVEMENTS.
I, JUSTIN COFFMAN, DO PROCLAIM THAT WE HONOR AND CONGRATULATE THEM IN THE CELEBRATION OF THE 50TH ANNIVERSARY AND APPLAUD THEIR ONGOING LEGACY OF STRENGTH AND COMMITMENT TO EXCELLENCE AND WISH THEM CONTINUED SUCCESSES IN THE FUTURE. PROCLAIM THIS DAY, THE 24TH DAY OF JUNE, 2025.
I HAVE NO SPEECH, AS YOU CAN SEE.
I WOULD LIKE TO REALLY TAKE THE MOMENT TO THANK BOTH THE CITY, THE CHAMBER AND STATE REPRESENTATIVE FOR THE RECOGNITION HERE.
WE ARE DEEPLY HONORED WITH THE RECOGNITION THAT WE ARE RECEIVING TONIGHT. IN THINKING BACK, 50 YEARS AGO, A PLANT THAT STARTED WITH ONE MELTING FURNACE AND ONE ROLLING MILL PROGRESSED TO A POINT WHERE CURRENTLY WE HAVE TWO MELTING FURNACES, THREE ROLLING MILLS AND A SHREDDER THAT PRODUCES THE HIGHEST IN NORTH AMERICA. TWO NEW FACILITIES INSTALLED ACROSS U.S. 67, GENERATING MORE JOBS TO TEXANS AND STAYING LOCAL. THE MOST IMPORTANT THING.
THE OTHER XOE COMPONENT IS THE EMPLOYEES WORKING WITH.
1,050 TEXANS AS PART OF OUR FACILITY. THEY ARE THE DRIVING FORCE TO KEEP US RUNNING AND PROGRESSING AND FURTHER DEVELOPING OUR FOOTPRINT HERE IN MIDLOTHIAN. WITH THAT, THANKING THE GROUP HERE FOR THE RECOGNITION AND NOWNOW THINKING ABOUT THE NEXT 50 YEARS. HOW WE WILL CONTINUE TO GROW AND SUPPORT THE ECONOMY LOCALLY HERE. OF COURSE, THAT WILL NOT BE POSSIBLE WITHOUT THE FULL SUPPORT THAT WE GET FROM THE CITY, FROM THIS GREAT COMMUNITY THAT WE HAVE HERE, FROM THE COUNTY AND FROM THE STATE.
SO THANK YOU ALL VERY MUCH FOR THAT.
[00:10:03]
>> GERDAU IS A FANTASTIC INDUSTRIAL PARTNER. I WANT TO INVITE REPRESENTATIVE HARRISON TO STAY CLOSE.
ON BEHALF OF HIS OFFICE -- HE DECIDED TO RECOGNIZE WITH THE OPENING OF THE CITY HALL SIX MONTHS AGO, HE IS ABLE TO ACQUIRE A FLAG TO PRESENT FOR THE CITY HALL THIS EVENING TO ALL THE CITIZENS OF MIDLOTHIAN.
>> THANK YOU. I WILL BE SUPER BRIEF.
NOBODY CAME TO HEAR A SPEECH TONIGHT.
I WAS NOT KIDDING WHEN I MENTIONED HOW GRATEFUL AND THE WORK GOING ON THE PAST COUPLE WEEKS BETWEEN MAYOR COFFMAN, CITY STAFF AND MY STAFF AND IF YOU DON'T KNOW MY DISTRICT -- HE IS AT THE BACK OF THE ROOM. MAURICE IS MY DISTRICT DIRECTOR.
HE WAS THE MAYOR OF MIDLOTHIAN FOR 12 YEARS.
THIS CITY HAS GROWN TREMENDOUSLY.
SINCE THAT GENTLEMAN AT THE BACK OF THE ROOM WAS THE MAYOR TO THE DAY THAT THIS GENTLEMAN HAS THE HIGH HONOR OF SERVING AS YOUR MAYOR HERE IN THE CITY OF MIDLOTHIAN.
I WANTED YOU TO HEAR FROM ME THAT IT HAS BEEN THE HONOR OF MY LIFE TO REPRESENT THOSE OF YOU IN THIS ROOM NOT JUST AS INDIVIDUALS BUT AS A COLLECTION OF PEOPLE AND AS A LOCAL GOVERNMENT HERE IN MIDLOTHIAN, TO REPRESENT YOU, YOUR INTERESTS, YOUR NEEDS AND PERHAPS THERE'S NOTHING MORE IMPORTANT THAN PROTECTING YOUR FREEDOMS AND LIBERTIES EVERY DAY IN THE TEXAS HOUSE OF REPRESENTATIVES. I WAS INCREDIBLY GRATEFUL THAT MAYOR COFFMAN EXTENDED THIS INVITATION TO ME AND WE WERE ABLE TO WORK WITH MY STAFF TO COME BY FOR A FEW MINUTES. IT'S JUST A FEW DAYS BETWEEN THE TIME WE ADJOURN FROM THIS REGULAR SECTION UNTIL THE GOVERNOR WILL BRING US BACK IN TWO WEEKS TO GO BACK DOWN TO AUSTIN FOR WHO KNOWS.
IF IT WAS LIKE LAST SESSION, MAYBE THE REST OF THE YEAR. I DON'T KNOW.
I WANTED TO BE HERE IN PERSON. HOW MANY MEETINGS HAVE YOU HAD SINCE YOU OPENED CITY HALL AND THE LIBRARY.
>> WE AS MEMBERS OF THE TEXAS HOUSE, WE ARE ABLE ON SEVERAL OCCASIONS TO REQUEST A FLAG BE FLOWN OVER THE CAPITAL. IF YOU HAVEN'T BEEN DOWN, I WOULD LOVE TO HOST YOU, GIVE YOU A TOUR.
I CAN TAKE YOU UP TO THE TOP OF THE DOME.
COME DOWN. LET ME KNOW. IT'S A REAL HONOR AND PRIVILEGE TO REQUEST THAT A FLAG BE FLOWN OVER THE CAPITAL TO COMMEMORATE CERTAIN EVENTS.
BEING ABLE TO REPRESENT MIDLOTHIANS IS A HIGH HONOR.
YOU HAVE A LOT OF SPACE, A LOT OF REAL ESTATE, A LOT OF WALLS, FLAGPOLES OUT THERE. MAYBE WE CAN HELP YOU DECORATE.
I WAS ABLE TO GET AUTHORIZATION TO FLY A FLAG OVER THE CAPITAL OF THE GREAT STATE OF TEXAS IN HONOR OF THE CITY OF MIDLOTHIAN AND EVERY ONE OF HER CITIZENS WHICH JUSTIN COFFMAN AS MAYOR HAS THE HONOR TO REPRESENT AND THAT I ALSO AS YOUR REPRESENTATIVE IN THE TEXAS LEGISLATURE GET THE HONOR TO FIGHT FOR YOU AND YOUR FREEDOMS AND LIBERTIES ON A DAILY BASIS IN THE STATE OF TEXAS. I WILL HAND THIS OVER.
I WILL OPEN IT SO YOU CAN SEE IT.
THIS IS A FLAG. IT'S BEEN FOLDED IN A WAY I'M NOT ABOUT TO UNFOLD.
YOU DO NOT WANT TO SEE MY FLAG FOLDING. CAN YOU FOLD A FLAG THIS NICE? QUICK, I'M GOING TO READ THIS VERY BRIEFLY HERE. THIS IS A STATE OF TEXAS HOUSE OF REPRESENTATIVES CERTIFIES THIS FLAG HEREWITH PRESENTED TO MIDLOTHIAN, TEXAS, BY STATE REPRESENTATIVE BRIAN HARRISON WAS FLOWN AT THE CAPITAL OF THE SOVEREIGN STATE OF TEXAS AND IN WITNESS THEREOF AND PURSUANT TO THE AUTHORITY VESTED IN ME, I HAVE HERE UNTO SET MY HAND AND SEAL OF OFFICE AT AUSTIN, TEXAS, THIS DAY, 30TH OF MAY, 2025.
STATE REPRESENTATIVE BRIAN HARRISON.
MR. MAYOR, ON BEHALF OF THE RESIDENTS OF MIDLOTHIAN, ON BEHALF OF THE RESIDENTS OF HOUSE DISTRICT 10, THE STATE OF TEXAS, IT'S MY HONER TO PRESENT THIS FLAG WHICH WAS OVER THE CAPITAL IN HONOR OF YOUR SERVICE AND YOUR CONTRIBUTIONS TO MAKING AND KEEPING TEXAS THE GREATEST STATE TO LIVE AND WORK IN IN ALL OF THE UNITED STATES OF AMERICA.
>> THANK YOU FOR THAT, REPRESENTATIVE HARRISON. WE WILL DISPLAY IT PROUDLY.
MOVE ON TO ITEM B. THAT'S OPPORTUNITY FOR CITY COUNCIL TO REPORT ON ITEMS OF COMMUNITY INTERESTS.
ANY MEMBERS LIKE TO HIGHLIGHT COMMUNITY ACTIVITIES OR PEOPLE YOU RECOGNIZE IN COMMUNITY THIS EVENING?
>> I HAVE JUST A COUPLE OF NOTES HERE. ONE IS, I WANTED TO GIVE A BRIEF SHOUTOUT TO OUR MIDLOTHIAN AMATEUR BASEBALL
[00:15:03]
ASSOCIATION HERE IN TOWN THAT RECENTLY COMPLETED THEIR SEASON. I THINK IT MIGHT HAVE BEEN A RECORD SEASON FOR OUR COMMUNITY AS FAR AS KIDS INVOLVED. ONE OF MY KIDS PARTICIPATES IN IT. I GET TO SEE IT FIRSTHAND UP THERE, WHETHER IT'S WINDY, HOT, RAINING, YOU KNOW, ANY OF THAT. I GET TO BE OUT THERE AND SEE HOW THEY OPERATE THIS. ALL FOLKS FROM WITHIN OUR COMMUNITY. THEY HAD THEIR ALL STAR TEAMS THAT THEY PUT TOGETHER AT THE END OF THE SEASON.LAST COUPLE OF WEEKS THEY PLAYED IN SOME INCREDIBLE TOURNAMENTS, HAD A LOT OF SUCCESS.
I DON'T WANT TO NAME PARTICULAR TEAMS, BECAUSE I'M SURE I WILL FORGET ABOUT ONE.
BUT I JUST WANTED TO GIVE A SHOUTOUT TO THOSE BOYS THAT ARE OUT THERE COMPETING, REPRESENTING OUR COMMUNITY AND THE GREAT JOB THAT ORGANIZATION HAS DONE IN PROVIDING BASEBALL OPPORTUNITIES FOR OUR COMMUNITY. SECONDLY, I WANTED TO INVITE EVERYBODY OUT IF YOU HAVE NOT PARTICIPATED OR BEEN A PART OF THE MOVIES IN THE PARK.
IT'S A REALLY COOL EVENT, OUTDOOR MOVIE PROGRAM THAT WE JUST HAD JUNE 7. WE HAVE ANOTHER ONE COMING UP JULY 12. DEFINITELY MAKE PREPARATIONS AND PLAN TO COME OUT, ESPECIALLY IF YOU HAVE LITTLE ONES.
KIDS OR GRANDKIDS, IT'S A LOT OF FUN.
BRING A BLANKET, SNACKS. IT'S A WHOLE LOT OF FUN.
ONE LAST THING, I WILL MAKE IT BRIEF. IF YOU ARE NOT AWARE, OUR COMMUNITY ACTUALLY -- I GUESS IT WAS MAYBE A YEAR OR MAYBE TWO YEARS AGO NOW, REALLY GOT ONE OF OUR FIRST, THAT I'M AWARE OF, COMMUNITY THEATER PROGRAMS GOING BY SOME LOCAL COMMUNITY MEMBERS.
IT'S CALLED BACK PORCH THEATER. THEY HAVE SOME REALLY INCREDIBLY EVENTS. I WILL MENTION TWO AND YIELD MY TIME. ON JULY 7 THROUGH 11, THEY ARE PUTTING TOGETHER A THEATER CAMP.
IF YOU HAVE ANY KIDS, GRANDKIDS, ET CETERA, THAT ARE INTERESTED IN THEATER, IT'S A REALLY GREAT PROGRAM. I HAVE GOTTEN TO SEE A COUPLE OF THEIR PLAYS IN PERSON. THEY DO A GREAT JOB WITH THAT.
THEY HAVE ANOTHER PERFORMANCE OF ONE YOU WILL BE FAMILIAR WITH, "ANNIE," AT RENOVATION CHURCH, JULY 31, AUGUST 1 AND AUGUST 2.
YOU CAN FIND OUT INFO, I THINK IT'S BACKPORCHTHEATER.ORG . GREAT PROGRAM.
JUST WANTED TO HIGHLIGHT IT FOR YOU FOLKS.
DEFINITELY, WANT TO HIGHLIGHT THE ARTS AS WE SEE MORE AND MORE OPPORTUNITIES FOR OUR YOUNG FOLKS RIGHT HERE IN COMMUNITY.
>> JUST TO QUICKLY DOVETAIL ON THE YOUTH SPORTS PROGRAM, THE MIDLOTHIAN BASKETBALL LEAGUE HAD THEIR SUMMER LEAGUE ROLLING FOR A FEW WEEKS.
THE END OF SEASON TOURNAMENT IS THIS WEEKEND.
IT'S AMAZING TO SEE HOW MANY CHILDREN IN OUR COMMUNITY ARE PARTICIPATING IN THAT.
JUST A METEORIC GROWTH. IT IS ALSO VERY AWESOME, AS SOMEBODY WHO GREW UP IN MIDLOTHIAN AND PLAYED AT THE OLD GYM, WHEN IT WAS STILL IN SERVICE, TO SEE OUR KIDS GETTING TO PLAY IN THAT FACILITY TODAY. THE PARTNERSHIP WITH THE SCHOOL DISTRICT TO USE OTHER FACILITIES, BECAUSE THERE'S SO MANY KIDS IN OUR COMMUNITY PARTICIPATING IN THIS PROGRAM THAT THE OLD GYM ISN'T BIG ENOUGH TO HANDLE IT ON ITS OWN. IT'S PHENOMENAL TO SEE THAT LEVEL OF ACTIVITY THERE AND GET TO SEE OUR KIDS PLAY WHERE WE PLAYED GROWING UP.
THANK YOU TO THE MIDLOTHIAN BASKETBALL LEAGUE.
THEY'RE DOING A PHENOMENAL JOB.
>> ABSOLUTELY. I WAS THERE FOR A LOT OF THE GAMES YOU PLAYED IN.
I DON'T KNOW IF WE CAN CALL IT PLAYING.
I'M JOKING. I WANT TO MAKE MENTION OF THE INDEPENDENCE DAY PARADE. IT'S THIS SATURDAY.
IT'S AT 10:00 A.M. RIGHT BACK HERE IN DOWNTOWN.
COP OUT, BRING YOUR FAMILY AND CELEBRATE THIS COUNTRY TOGETHER. YOU MAY GET SQUIRTED WITH A WATER GUN BY A COUNCIL MEMBER.
SHOULD BE A GOOD TIME. ANY OTHERS? ALL RIGHT. WE WILL MOVE ON.
THANK YOU. WE WILL MOVE ON TO CITIZENS TO BE HEARD, 2025-195. CITY COUNCIL INVITES CITIZENS TO ADDRESS CITY COUNCIL ON ANY TOPIC NOT SCHEDULED FOR A PUBLIC HEARING. CITIZENS WISHING TO COMPLETE SHOULD COMPLETE A FORM, PRESENT IT.
SPEAKERS WILL BE LIMITED TO THREE MINUTES.
[CONSENT AGENDA]
ANYBODY TO SPEAK? WITH NO SPEAKERS, WE WILL MOVE ON TO CONSENT AGENDA.2025-196. ALL MATTERS LISTED UNDER CONSENT AGENDA ARE RETEEN. IF DISCUSSION IS DESIRED, THAT CAN BE REMOVED AND CONSIDERED SEPARATELY. ANY COUNCIL MEMBERS LIKE TO REMOVE ANY ITEMS FROM CONSENT AGENDA? I WILL TAKE A MOTION ON CONSENT.
>> THAT MOTION TO APPROVE AS PRESENTED FOR CONSENT AGENDA BY COUNCILMAN HAMMONDS, SECONDED BY
[00:20:07]
WICKLIFFE. PLEASE VOTE.[2025-198]
CONSENT AGENDA PASSES UNANIMOUSLY, 7-0.WE WILL MOVE ON TO OUR PUBLIC HEARING.
I WILL REARRANGE THE ORDER A BIT. WE WILL TACKLE FIRST ITEM 2025- 198, WHICH IS TO CONTINUE PUBLIC HEARING FROM JUNE 10, 2025 AND CONSIDER AN ACT UPON AN ORDINANCE AMENDING ZONING REGULATIONS RELATED TO DISTRICT 114, ORIGINAL TOWN BLOCK 52, PORTION OF LOT 2 FROM THE CURRENT RESIDENTIAL 3 DISTRICT, URBAN VILLAGE PLAN DEVELOPMENT DISTRICT NUMBER 114, FOR AN ICE CREAM SHOP.
PROPERTY IS LOCATED AT 105 SOUTH THIRD STREET, CITY OF MIDLOTHIAN.
>> THANK YOU, MAYOR, COUNCIL. GOOD EVENING. WE ARE HERE TO DISCUSS PUBLIC HEARING AGENDA ITEM 2025- 175, REZONE. THIS IS CURRENTLY ZONED URBAN VILLAGE PLAN DEVELOPMENT DISTRICT 114.
AMENDMENT TO THAT AND A REZONE AT 101 AND 105 SOUTH THIRD STREET.
IT'S . 39 TENTHS OF AN ACRE. FUTURE LAND USE PLAN DOES HAVE BOTH THESE PROPERTIES BEING IN THE ORIGINAL TOWN MODULE AND CURRENT ZONE IS 101 SOUTH THIRD IS THE UVPT- 114 AND 105 SOUTH THIRD IS ZONED R-3 AT THE CURRENT MOMENT.
THE PROPOSED USES FOR THIS ZONING CASE IS A PROFESSIONAL OFFICE AND THEN WITH THE RESTAURANT. WITH THE RESTAURANT, THERE WILL BE ON- SITE BAKING, COOKING OF HOT FOOD AND HEAVY FOOD PREPARATION, EQUIPMENT IS PROHIBITED. KITCHEN COUNTERTOP APPLIANCES ARE PERMITTED.
THE MENU IS LIMITED TO COLD, FROZEN FOOD, HOT AND COLD BEVERAGES. THERE WILL BE A DEEP FREEZER, WHICH IS DOWN HERE. THIS IS MAIN STREET HERE.
THIRD STREET UP HERE. NORTH IS UP ON THIS DRAWING.
THE SURROUNDING LAST USE IN THIS AREA, TO THE NORTH IS URBAN VILLAGE PLAN 114. TO THE SOUTH AND EAST IS RESIDENTIAL 3. TO THE WEST IS URBAN VILLAGE PLAN DEVELOPMENT 130.
THE FUTURE LAND USE CLASSIFICATION FOR ALL OF THIS AREA IS ORIGINAL TOWN CENTER.
THE EXISTING LAND USE, OF COURSE, IS ICE CREAM SHOP RETAIL, SINGLE FAMILY RESIDENCE TO THE SOUTH.
SINGLE FAMILY AND RESIDENTIAL, THE OLD GYM TO THE EAST. PROFESSIONAL OFFICE AND FORMER FAMILY SINGLE FAMILY RESIDENCE TO THE WEST.
THIS IS A LAYOUT OF THE SITE PLAN.
THIS TIME NORTH IS TO OUR RIGHT. THIS IS THE EXISTING SCOOPS ICE CREAM SHOP.
EXISTING STRUCTURE WHICH THEY WANT TO CONVERT INTO THE ICE CREAM SHOP AND THEN ADD AN ADDITIONAL USE TO THE NORTHERN SECTION, WHICH WOULD BE BEVERAGE AREAS.
KIND OF THE HISTORY OF THIS, BEFORE 2018, THIS WAS ZONED R-3.
ALL RESIDENTIAL. 2018, IT WAS RESIGNED TO UVPT- 114 TO ALLOW FOR GENERAL PROFESSIONAL AND THE ICE CREAM -- WALK-UP ICE CREAM SHOP.
IT WAS AMENDED IN 2021 TO ALLOW FOR MORE IMPERVIOUS COVER.
TODAY, THE PROPOSED AMENDMENT TO BECOME A BEVERAGE SHOP WITH PRE- PACKAGED FOOD SALES. 105 SOUTH THIRD, BEFORE THE ZONING CASE BEFORE YOU, IT WAS ZONED R- 3 AND THE PROPOSED REZONING IS UVPD TO ALLOW FOR THE ICE CREAM SHOP IN THE AREA.
HERE WE HAVE SAME LAYOUT FOR WHAT WE SAW, SOUTH THIRD IS TO YOUR BOTTOM, MAIN STREET AND NORTH IS TO THE RIGHT. SOME OF THE SPECIAL CONSIDERATIONS, ALL LIGHTING DECORATIVE, PEDESTRIAN SCALE SHIELDED AND NOT EXCEED TEN FEET IN HEIGHT. COMMERCIAL PICKUP TRASH SERVICE, ELIMINATING DUMPSTER.
CONSENT WITH THE SURROUNDING BUSINESSES.
CONCRETE SIDEWALK WILL BE PROVIDED BETWEEN THE TWO PROPERTIES. THE FENCE WILL BE REMOVED. SIGNAGE, ONE WALL SIGN IN FRONT OF THE BUILDING THAT WILL BE PERMITTED. IT WILL COMPLY WITH OUR CURRENT ZONING ORDINANCE. BUSINESS HOURS, ORDINANCE LIMITS OPERATIONS TO NO EARLIER THAN 8:00 A.M. AND NO LATER THAN 10:00 P.M.
NO CHANGES TO THE EXISTING ALLEY TO THE WEST.
THE ELEVATIONS THAT YOU SEE ARE THE CURRENT ELEVATIONS AT 105 SOUTH THIRD AND THEY WILL REMAIN. THERE'S PROPOSED OUTDOOR SEATING IN THE BACK OF 105 SOUTH THIRD.
WITHIN THE FENCED AREA. RIGHT IN THIS AREA.
[00:25:10]
THE PARKING SPACES WILL BE ON THE EAST SIDE OF THE BUILDING. THERE'S A PENDING RIGHT-OF- WAY ENCROACHMENT THAT WILL WILL HEAR LATER IN THE COUNCIL MEETING FOR ADDITIONAL PARKING ALONG SOUTH THIRD.THERE WILL NOT BE ANY ADDITIONAL PARKING LOCATED IN THE ALLEY.
ZONING COMPLIANCE SIDEWALKS, PARKING SPACES, AND ENTRANCE TO THE FRONT OF 105 SOUTH THIRD WILL BE IN PLACE. 16 LETTERS WERE MAILED OUT TO PROPERTY OWNERS WITHIN 200 FEET. TO DATE, WE HAVE RECEIVED IN OPPOSITION CITIZENS WITHIN 200 FEET, 11 LETTERS REPRESENTING FOUR PROPERTIES IN OPPOSITION. SUPPORT, EIGHT LETTERS REPRESENTING TWO PROPERTIES WITHIN THE 200 FEET. OUTSIDE OF THE 200 FEET, WE RECEIVED 41 LETTERS REPRESENTING 30 PROPERTIES IN OPPOSITION. 57 LETTERS REPRESENTING 54 PROPERTIES IN SUPPORT OF THAT. TOTALS ARE 2 LETTERS IN OPPOSITION, 65 IN SUPPORT. THERE'S A PETITION, FOUR SIGNATURES FROM CITIZENS WITHIN CITY LIMITS AND WITHIN THE 200 FEET OF THE REZONE PROPERTY.
ANOTHER PETITION OUT THERE THAT WAS SUBMITTED WITH 200 SIGNATURES FROM CITIZENS WITHIN THE CITY LIMITS AND THREE BEING WITHIN THAT 200 FEET. THE SURROUNDING LAND USE COMPATIBILITY. IT'S COMPATIBLE. THE NORTH IS SCOOPS.
TO THE EAST, GYMNASIUM. SOUTH IS EXISTING SINGLE FAMILY RESIDENCE. TO THE WEST IS PROFESSIONAL OFFICE AND SINGLE FAMILY RESIDENCES THERE AS WELL. COMPREHENSIVE PLAN FUTURE LAND USE MODULE. THIS IS THE ORIGINAL TOWN CENTER MODULE. THAT'S DEFINED BY LAND USES AND INTENSITIES, RESIDENTIAL AND NON-RESIDENTIAL. SHOULD CELEBRATE THE HISTORICAL NATURE AND CONTRIBUTION TO MIDLOTHIAN'S PAST AND FUTURE. IT IS CONSISTENT WITH THE POLICY, STRATEGY, LAND USE 1- B, SUPPORT THE REUSE OF BUILDINGS WITHIN DOWNTOWN, ESTABLISH BUILDING REUSE STANDARDS THAT SUPPORT TRANSITION OF PROPERTY FROM RESIDENTIAL TO NON- RESIDENTIAL, INCLUDING ALTERNATIVE COMPLIANCE MEASURES FOR LANDSCAPING AND OTHER DESIGN CRITERIA.
WITHIN THE DOWNTOWN MASTER PLAN, IT SUPPORTS A MIX OF NEIGHBORHOODS, SCALED OFFICE, RETAIL, RESTAURANT AND COMMERCIAL USES.
THE DEVELOPMENT IS CONSISTENT WITH THAT.
RECOMMENDED APPROVAL OF THE CASE WITH THE VOTE OF 5-2.
THIS IS OUR DOWNTOWN MASTER PLAN FROM 2010. HERE WE HAVE MAIN STREET AND THE SUBJECT PROPERTY IS RIGHT HERE. THAT IS KIND OF CALLED MIXED USE TRANSITION AREA.
THIS IS LIKE WE TALKED ABOUT EARLIER, A TRANSITION AREA WHERE YOU HAVE NEIGHBORHOOD SCALED RETAIL, OFFICE. THIS IS A BLOWUP OF THE AREA DEMONSTRATING THE MIXED USE TRANSITION AREA. THE PROPERTY IS OUTLINED IN RED.
THIS IS A PROTEST MAP. ANY TIME THERE'S A PETITION AND WRITTEN PROTEST OF PEOPLE THAT REPRESENT GREATER THAN 20% OF THE PROPERTY AREA THAT'S WITHIN THAT 200 FEET, IT REQUIRES A SUPER MAJORITY. THE VOTE HERE TONIGHT FOR THIS CASE TO PASS, IT WILL REQUIRE SUPER MAJORITY VOTE BY THE COUNCIL.
>> YES, SIR, IT IS SIX. I WILL STAND FOR QUESTIONS.
I THINK THERE'S PROBABLY A COUPLE PEOPLE THAT MIGHT WANT TO HAVE --
>> THIS IS A PUBLIC HEARING. THERE'S QUITE A BIT OF PUBLIC INPUT. I DO WANT TO MAKE MENTION OF FORMS THAT HAVE BEEN SUBMITTED THIS EVENING IN OPPOSITION. THERE'S 16 SPEAKERS AND 20 NON-SPEAKERS. IN SUPPORT OF THIS CASE ARE SIX SPEAKERS AND 44 NON-SPEAKERS. I WANT TO LAY OUT A FEW LOGISTICS BEFORE WE GET INTO THE SPEAKERS. IN ORDER TO LEVEL THE PLAYING FIELD FOR EVERYONE. OUR GOAL HERE TONIGHT IS TO LET EVERY VOICE BE HEARD EQUALLY AND FAIRLY.
DIRECT YOUR COMMENTS TO THE COUNCIL, NOT TO THE APPLICANT OR FELLOW MEMBERS OF THE AUDIENCE. DO NOT REACT TO COMMENTS THAT YOU AGREE OR DISAGREE WITH.
WE WILL BE CIVIL. WE WILL HAVE RESPECTFUL DIALOGUE. EVEN IN DISAGREEMENT.
I WANT TO MAKE EVERYONE AWARE I'M GOING TO ENFORCE A STRICT THREE- MINUTE TIMER IN ORDER TO KEEP THE PLAYING FIELD LEVEL.
WHEN YOUR TIME EXPIRES, COMPLETE YOUR SENTENCE AND THEN WE WILL MOVE UP.
TAMMY WILL CALL YOU UP. SHE WILL CALL UP THE SECOND PERSON. YOU WILL BE ON DECK.
YOU WILL BE THE NEXT SPEAKER. IF YOU COULD MAKE YOUR WAY CLOSE TO THE MICROPHONE. IF YOU ARE YIELDING YOUR SPEAKING TIME FOR A SPOKESPERSON, I NEED YOU TO COME UP AND STAND WITH THAT SPOKESPERSON.
I WILL ALL LOCATE ADDITIONAL TIME ACCORDINGLY.
[00:30:02]
IF YOU ARE STANDING WITH A SPOKESPERSON, IT'S ASSUMED THAT YOU ARE SACRIFICING YOUR THREE MINUTES AND WILL NOT BE SPEAKING TONIGHT. TAMMY CALLS YOUR NAME AND YOU ARE YIELDING YOUR TIME, YOU CAN JUST SAY, I'M YIELDING MY TIME. THEN THE COUNCIL MAKES A COMMITMENT TO LISTEN TO EACH PUBLIC SPEAKER.WE WILL NOT ENGAGE IN BACK AND FORTH CONVERSATION WITH THE SPEAKERS.
PLEASE, FRAME YOUR COMMENTS TONIGHT AS STATEMENTS RATHER THAN QUESTIONS.
UPON COMPLETION OF THE PUBLIC HEARING, THE APPLICANT OR THE REPRESENTATIVE WILL BE ABLE TO MAKE A PRESENTATION AND/OR STAND FOR QUESTIONS OF THE COUNCIL.
THEY WILL NOT BE LIMITED TO THE THREE MINUTES.
THE COUNCIL IS VERY AWARE THERE'S A LOT OF PASSION TONIGHT ON BOTH SIDES OF THIS AGENDA ITEM. WE COMMIT TO BEING RESPECTFUL AND HONORING OF YOU.
WE ASK YOU TO DO THE SAME OF YOUR NEIGHBORS. WITH THAT, TAMMY, IF YOU WOULD LIKE TO CALL THE FIRST NAME.
>> DONNIE PORCH. NEXT UP IS ROB BECKER.
>> IF YOU COULD COME FORWARD. MR. BECKER, COME CLOSE BY.
THE FORMAT IS SIMPLE. STATE YOUR NAME INTO THE MICROPHONE AND WHETHER OR NOT YOU LIVE WITHIN THE CITY LIMITS. YOU WILL HAVE THREE MINUTES.
>> MY NAME IS DONNIE PORCH. I RESIDE AT 113 SOUTH FIRST STREET IN OLD TOWN MIDLOTHIAN.
I'M SPEAKING FOR MY MOTHER LINDA BISHOP WHO RESIDES AT 310 NORTH FOURTH STREET WHO COULDN'T BE HERE TONIGHT.
I'M SPEAKING IN OPPOSITION TO THIS REZONING REQUEST.
I WOULD WELCOME AN ENCOURAGE SCOOPS AND OTHER SMALL RESTAURANTS AND RETAIL BUSINESSES WHO WISH TO HAVE EXTENDED BUSINESS HOURS INTO THE EVENING AND WEEKENDS TO DO SO IN MY BACKYARD. I AM ON THE WEST SIDE OF SOUTH FIRST, WHICH IS AT THE EDGE OF OLD TOWN.
WITHIN THE PAST YEAR OR SO, THIS VERY COUNCIL AND MAYOR APPROVED THE WEBER DEVELOPMENT, WITH THE LOWE'S IS BEING BUILT. WITH THE COMPLETE RETAIL SHOPPING CENTER IN MY BACKYARD.
I DID NOT SPEAK OUT AT THE COUNCIL MEETING FOR THE WEBER DEVELOPMENT. I WAS IN ATTENDANCE.
I DID HOWEVER SPEAK AT THE PLANNING AND ZONING MEETING FOR THE WEBER DEVELOPMENT.
WITH A LOT OF THE SAME CONCERNS THAT MANY HERE TONIGHT HAVE WITH THIS REZONING REQUEST.
THE CONGESTION AND PARKING ISSUES ALONG WITH THE NOISE AND LIGHTING POLLUTION, RESIDENTS OF OLD TOWN IS A NUISANCE THAT WE THE RESIDENTS OF OLD TOWN SHOULDN'T HAVE TO ACCEPT. BEING ON THE EDGE OF OLD TOWN, I HAVE SOMEWHAT OF A BUFFER IN MY BACKYARD. AS I HAVE A DEEPER BACKYARD THAT GOES DOWNHILL WITH A PARTIAL TREE LINE, WHICH IS SOMETHING MOST RESIDENTS OF OLD TOWN DON'T HAVE. AS I SPOKE MULTIPLE TIMES WITH MR. WEBER AFTER THE PLANNING AND ZONING MEETING, HE ASSURED ME HE WANTED TO BE A GREAT NEIGHBOR AND OFFERED ADDITIONAL TREES AND FENCING BETWEEN THE PROPERTIES.
I BECAME MORE COMFORTABLE WITH THE IDEA OF THE SHOPPING CENTER IN MY BACKYARD. DUE TO OUR CONVERSATIONS AND THE THOUGHTS OF THE I'LL IT NAIVES THAT COULD BE BEHIND ME.
I FELT THIS COULD BE A PLACE WHERE BUSINESSES COULD THRIVE AND BE LESS INTRUSIVE. I AM TELLING YOU THIS BECAUSE THE SMALL RESTAURANTS AND RETAIL BUSINESSES ARE EXACTLY WHAT MR. WEBER WANTS. WHAT THIS COUNCIL PASSED TO BE IN MY BACKYARD. MR. WEBER ALSO DEVELOPED THE KROGER SHOPPING CENTER FOR THESE TYPES OF BUSINESSES.
I ASK YOU DENY THIS REZONING ASK AND STOP THE ENCROACHMENT OF THE TYPES OF BUSINESSES WITH EXTENDED EECHLG HOURS AND WEEKENDS IN OLD TOWN MIDLOTHIAN.
ENCOURAGE THEM TO HE'S THESE DEVELOPMENTS PASSED FOR THESE BUSINESSES.
ENCOURAGE THEM TO USE MY BACKYARD AND NOT MISS HAZE BACKYARD WHOM I HAVE MET AND IS A KIND LADY THAT WANTS TO ENJOY HER HOME LIKE YOU DO. Y'ALL PASSED THE WEBER DEVELOPMENT AND OTHERS LIKE IT DUE TO THE GROWTH OF THIS ONCE SMALL TOWN.
I'M A 50 PLUS YEAR RESIDENT OF MIDLOTHIAN. LOVE THE CHARM OF THE TOWN.
MANY HAVE MOVED HERE AND CONTINUE TO DO SO BECAUSE OF THE CHARMING COUNTRY TOWN MIDLOTHIAN IS. IF Y'ALL PASS THIS ZONING REQUEST, I AM AFRAID IT WILL SET A PRECEDENT THAT WILL DESTROY THAT VERY CHARM.
FOR MANY OF YOU SPEAK ABOUT RESPONSIBLE GROWTH, WHAT COULD BE MORE RESPONSIBLE THAN PROTECTING THE CHARM OF OLD TOWN MIDLOTHIAN AND ITS RESIDENTS? THANK YOU.
>> THE NEXT SPEAKER WILL BE JOSH MESSENGER.
MINUTES. >> MAYOR, CAN WE GET A LITTLE MORE VOLUME ON THE MIC, IF POSSIBLE?
>> MY NAME IS ROB DECKER. I'M A RESIDENT.
701 WILLOW BRANCH LANE BY THE HIGH SCHOOL.
I'M HERE TO SPEAK IN FAVOR OF THE ICE CREAM SHOP.
MY WIFE IS ACTUALLY ONE OF THE OWNERS.
WILL BE UP FRONT. I AM SO PROUD OF HER.
SHE WAS A STATE AT HOME MOM MOST OF HER ADULT LIFE.
IN FOUR YEARS, SHE'S REALLY DONE SOME AMAZING WORK. NOT ONLY BUILDING A BUSINESS
[00:35:01]
BUT BUILDING A BUSINESS THAT HAS ATTRACTED A LOT OF ATTENTION. NOT ONLY HERE IN MIDLOTHIAN, BUT ALSO THROUGHOUT ELLIS COUNTY.WE HAVE PEOPLE FROM ALL OVER THE DALLAS-FT. WORTH AREA THAT COME DOWN TO OUR ICE CREAM SHOP TO SEE US. I LOOK AT THE WORK THAT SHE AND HER SISTERS HAVE DONE. THEY HAVE TAKEN A RESIDENTIAL HOUSE, BUILT IN EARLY 1800S, AND TURNED IT INTO A WALK- UP ICE CREAM SHOP THAT GARNERED A LOT OF FOLLOWERS.
I REALIZE SOME OF THAT ATTENTION ISN'T WELL APPRECIATED. AT THE SAME TIME, THIS IS A HOMEGROWN BUSINESS, SOMETHING STARTED IN MIDLOTHIAN.
SOMETHING THAT IS APPRECIATED BY A MAJORITY OF THE CITIZENS HERE IN TOWN.
IT WAS ALSO -- THE BEST NEW BUSINESS IN 2021.
BEFORE WE BOUGHT THIS HOUSE, I WALKED AND TALKED TO SOME OF THE NEIGHBORS WITH MY WIFE. ONE NEIGHBOR AT THE TIME WAS OPPOSED TO IT. I APPRECIATE THE TIME THEY GAVE US TO TALK AND TO HEAR THEIR CONCERNS AND THEIR QUESTIONS. TALKING TO ONE OF THE NEIGHBORS WHO OPPOSED, WE DECIDED D NOT TO PUT A PARKING LOT OR EXTEND IT FROM THE ONE LOT TO THE OTHER. IN ORDER TO TRY AND ADDRESS SOME OF THE CONCERNS.
I FEEL THAT THIS IS THE KIND OF BUSINESS THAT MIDLOTHIAN SHOULD WANT IN TOWN. SOMETHING THAT WAS STARTED HERE IN TOWN, SOMETHING THAT GREW UP.
SOMETHING THAT'S BECOME A RECOGNIZABLE NAME.
I ALSO LOOK AT THE WAY THE BUSINESS IS ORGANIZED AND STRUCTURES. IT'S IN A RESIDENTIAL HOME.
THAT ADDS TO THE CHARM OF DOWNTOWN.
A LOT OF THE BUSINESSES THAT YOU SEE IN OLDER HOUSES HAVE THAT CHARM.
THEY MAINTAIN IT. IT'S NOT A BIG BOX STORE.
WE HAVE ONE LOCATION. THEY ARE NOT IN THE BIG SHOPPING CENTER. THAT ADDS TO THE CHARM THAT IS THERE.
I APPRECIATE YOUR TIME AND YOUR ATTENTION. I APPRECIATE THE WILLINGNESS YOU GIVE TO YOUR SERVICE HERE. I ASK YOU TO
VOTE YES FOR THIS. >> THANK YOU.
>> NEXT SPEAKER IS KELLY HALL.
>> I'M YIELDING MY TIME TO MELISSA PEGRAM.
>> WHEN SHE COMES UP, SHE WILL BE A LLOTTED MORE TIME. STAY CLOSE AND STAND WITH HER WHEN SHE GETS CALLED.
>> NEXT SPEAKER WILL BE MARY ANN ROGERS.
>> GOOD EVENING, MR. MAYOR, CITY COUNCIL MEMBERS AND STAFF. THANK YOU FOR GIVING ME AN OPPORTUNITY TO SPEAK TO YOU REGARDING THE REZONING OF 105 SOUTH THIRD STREET. MY NAME IS KELLY.
I LIVE AT 717 WEST AVENUE H IN OLD TOWN MIDLOTHIAN.
WE SHARE THE ALLEY WITH MIDLO SCOOPS.
I APPRECIATE THAT YOU ARE USING THE 2045 COMPREHENSIVE PLAN AS IT ESTABLISHES A CLEAR VISION FOR THE CITY'S FUTURE AND IT OUTLINES PRINCIPLES TO GUIDE YOUR DECISION MAKING TODAY.
I AM HERE TO OPPOSE THE REZONING OF 105 SOUTH THIRD STREET FOR SEVERAL REASONS.
LIMITED PARKING, SAFETY AND COMPATIBILITY. THE PROPOSED 105 PARKING TO BE ADDED IS SIX ANGLED CAR LOTS WHERE IT PLANS TO MOVE. THEY PLAN TO LEASE OUT 101 AFTER THEY MOVE TO 105. GIVING UP 14 PARKING SPOTS FOR SIX. IF THEY USE THE SIX. A GROWING BUSINESS NEEDS MORE PARKING, NOT LESS. ONE MIGHT THINK CUSTOMERS CAN USE THE SMALL PARKING LOT ACROSS FROM THE DAY CARE WITHOUT CAUSING ADVERSE AFFECTS.
LET'S ADDRESS THAT. THIS LOT IS FOR TEACHERS WHO WORK AT THE DAY CARE.
NINE OUT OF 12 MONTHS, THE PARKING LOT IS FULL AND TRAFFIC IS REAL TWICE A DAY DURING THE SCHOOL YEAR.
WITH CARS AND SMALL CHILDREN MOVING ABOUT.
THE GYM USES A SMALL PARKING LOT ON GAME DAYS, NIGHTS AND WEEKENDS. THEY OVERFLOW PARK UP AND DOWN THE STREETS OF OLD TOWN.
THERE ARE PARKING PROBLEMS THAT EXIST THERE ALREADY.
I HAVE HAD TO GO AND ASK THEM TO MOVE SEVEN CARS OUT OF MY GRASS BECAUSE THEY PARK IN OUR GRASS.
REMEMBER, THE COMPREHENSIVE PLAN SUPPORTS MINIMIZING ADVERSE IMPACTS ON ADJACENT PROPERTIES.
I'M AFRAID THE SCOOPS PARKINGPARKING WILL OVERFLOW IN OUR YARD.
LET'S CONSIDER THE DELIVERIES NECESSARY FOR A RESTAURANT.
THE RESTAURANT WILL EITHER RECEIVE DELIVERIES FROM THE FRONT, MAKING THE DRIVERS PARK DELIVERY TRUCKS IN THE STREET, WHICH IS IN A SCHOOL ZONE. AND OUR DELIVERIES -- OR THE DELIVERIES WILL BE MADE FROM THE NARROW POTHOLED ALLEY WHICH HAS TWO RESIDENTIAL GAS METERS. THEY CAN BE HIT.
THE COMPREHENSIVE PLAN ALSO EMPHASIZES SAFE ACCESS, WHICH THIS IS NOT. AS A RESIDENT WHO SHARES THE ALLEY AND ALLEY, YOU NEED TO KNOW IT'S THE GATEWAY TO GET TO MIDLO SCOOPS.
IN ADDITION TO MANY CARS USING ALLEY, WE HAVE SEEN DELIVERY TRUCKS AS WELL. WE HAVE PEDESTRIANS STROLLING
[00:40:02]
DOWN. I HAVE NO MORE BACKYARD PRIVACY.I ASKED MIDLO TO TELL PEOPLE NOT TO USE THE ALLEY AS THEY MAKE RUTS AND POTHOLES. YET THE TRAFFIC INCREASES.
IT'S NOW AN ACTIVE STREET. IF REZONING IS A PROVED, WE WILL HAVE TWO BUSINESSES USING THE ALLEY FOR ACCESS.
THE CURRENT CONDITION IS NOT SUITABLE FOR COMMERCIAL USE OR CUSTOMER USE.
FURTHER SUPPORTING OPPOSITION TO REZONING.
AS OLD TOWN HAS THE MAJORITY VOTE BECAUSE WE ARE VOICING REZONING IS NOT COMPATIBLE FOR OLD TOWN.
>> COULD YOU COMPLETE YOUR THOUGHT? THEN WE WILL MOVE ON.
>> YES, SIR. MY LAST SENTENCE, THIS REZONING PROPOSALS FAILS TO HAVE SUFFICIENT PARK, SAFETY PARAMETERS AND IS NOT A GOOD FIT MAKSING IT UNLIKELY TO ALIGN WITH THE LONG- TERM VISION FOR ORDINARILY GROWTH AND COMMUNITY
WELL-BEING. >> THANK YOU FOR YOUR COMMENTS.
>> WHEN YOUR NAME GETS CALLED, YOU WILL BE ALLOWED MORE TIME. WHO IS NEXT?
>> THEN JONATHAN, ARE YOU SPEAKING AS THE APPLICANT? SAY YOUR NAME INTO THE MICROPHONE AND WHETHER YOU LIVE IN CITY LIMITS.
>> MY NAME IS MAKENNA KARRA. I LIVE IN THE CITY LIMITS.
WE ALL WANT TO FEEL COMFORTABLE WHEN WE DO STUFF. IF IT'S SITTING AT HOME OR GOING OUT. WE ALL WANT TO FEEL COMFORTABLE.
THAT'S WHAT MIDLO SCOOPS IS TRYING TO DO.
THEY ARE TRYING TO MAKE THEIR SPACE BIGGER FOR THIS REASON. SCOOPS IS JUST TRYING TO GIVE BETTER SERVICE TO US SO WE ARE NOT IN THE TEXAS HEAT, BECAUSE THEY CAN HAVE INDOOR SEATING.
MIDLO SCOOPS HAS BEEN A GREAT PART OF THE COMMUNITY.
I DON'T THINK THEY WOULD TRY TO DO ANYTHING BAD FOR THIS COMMUNITY.
THIS IS WHY I SUPPORT THIS DECISION TO EXPAND SCOOPS AND TO SUPPORT SMALL BUSINESSES. THANK YOU FOR LISTENING.
>> THANK YOU. THANK YOU FOR YOUR COMMENTS.
>> NEXT SPEAKER IS PAM LONG AFTER MR. DOUGLAS.
>> MY NAME IS JONATHAN DOUGLAS. I LIVE OUTSIDE OF CITY LIMITS.
I SPEND MORE TIME IN THEM THAN OUT OF THEM, EVEN THOUGH I DON'T HAVE AN ADDRESS IS THAT 7065.
KNOW MOST OF YOU WELL. WANT TO TAKE A COUPLE MINUTES AND TALK ABOUT THIS LETTER THAT I HANDED YOU IN ADDITION TO OTHER THINGS.
A COUPLE OF MONTHS AGO, THE CHAMBER OF COMMERCE HAD A BOARD MEETING. I WAS NOT PRESENT FOR SAID MEETING. DISCUSSED THIS MOTION BECAUSE ONE OF THE THREE TENETS IS ADVOCACY FOR MEMBERS.
THE BOARD MEMBERS WHOSE NAMES ARE ON THE BACK ARE ALL SMALL BUSINESSOWNERS.
THEY ARE INVOLVED IN THIS COMMUNITY. THEY VOTED UNANIMOUSLY TO SUPPORT THIS. I KNOW THAT BUSINESS SUPPORTING BUSINESS ISN'T A SHOCK.
FOR THE CHAMBER TO GO OUT ON A LIMB LIKE THIS MEANS A LOT TO ME AND MY FAMILY.
I ALSO WANTED TO THANK A FEW COUNCIL MEMBERS. I WON'T NAME THEM.
WHO HAVE TAKEN COUNTLESS HOURS OVER LAST MONTH TO TRY AND FACILITATE NEGOTIATIONS SO THAT WE COULD PUT EVEN MORE RESTRICTIONS ON OURSELVES TO MAKE THE NEIGHBORS FEEL BETTER ABOUT THIS.
I DON'T KNOW IF Y'ALL KNOW, BUT ALL OF THE RESTRICTIONS THAT WERE LISTED IN THE PD, WE PUT ON OURSELVES. WE KNOW PEOPLE ARE WORRIED ABOUT IT BEING A RESTAURANT.
THERE'S NOTHING THAT PRODUCES HEAT ALLOWED IF IT'S NOT A COUNTERTOP APPLIANCE.
IT'S NOT GOING TO BE A FULL- ON RESTAURANT.
IT CAN'T. WE PUT THE RESTRICTIONS ON IT OURSELVES TO MAKE PEOPLE FEEL BETTER.
WE PUT RESTRICTIONS ON THE HOURS.
WE PUT RESTRICTIONS ON THE LIGHTS.
ANYTHING THAT WE HEARD, WE TRIED TO ADAPT TO.
WE WENT SO MUCH DEEPER. WE HAD ANOTHER TWO FULL PAGES OF RESTRICTIONS. WE COULDN'T COME TO AN AGREEMENT WITH THE NEIGHBORS. WE WANT TO MAKE SURE EVERYONE KNOWS WE DID OUR BEST. THERE ARE COUNCIL MEMBERS OUT HERE THAT PUT 60, 70 HOURS INTO TRYING TO MAKE THESE NEGOTIATIONS WORK. WE JUST COULDN'T GET THERE NO MATTER HOW MUCH WE GAVE.
THAT'S IT. I DON'T NEED THE FULL THREE MINUTES.
I WILL LET SOMEBODY ELSE HAVE IT.
AS A GESTURE, LIKE ROB SAID, WE TALKED TO EVERYBODY BEFORE.
[00:45:03]
WE WANTED TO MAKE SURE EVERYBODY WAS GOOD BEFORE WE BROUGHT IT. THE LAST MINUTE I WILL GIVE TO MISS HAYES.>> THE NEXT SPEAKER AFTER MISS LONG IS CHRISTINA CHAMBERS.
>> MISS LONG, STATE YOUR NAME INTO THE MICROPHONE, WHETHER YOU LIVE
IN THE CITY LIMITS. >> YES, SIR.
MY NAME IS PAM LONG. I LIVE AT 616 WEST MAIN STREET IN MIDLOTHIAN. IT'S A HOUSE THAT'S ABOUT 150 YEARS OLD. THE THOMAS NEWTON HOUSE.
WHEN IT WAS SOLD TO ME, I FEEL LIKE I HAVE A RESPONSIBILITY TO IT AND TO THE NEIGHBORS TO MAINTAIN THE HEART OF OUR CITY. I FEEL VERY STRONGLY THAT THIS ZONING AT 105 SOUTH THIRD THREATENS OUR NEIGHBORHOOD IN MANY WAYS.
IT DOES NOT FIT COHESIVELY WITH OUR RESIDENTIAL FLOW. TO HAVE A RESTAURANT THAT IS OPEN FROM 8:00 A.M. UNTIL 10:00 P.M. SIX DAYS A WEEK IN THE MIDDLE OF THE BLOCK ON THIRD STREET. WE NEED TO BE CAREFUL ABOUT HOW WE PRESERVE THE HEART OF OUR COMMUNITY FOR BOTH THE RESIDENTS AND THE DEVELOPERS.
THE COMPREHENSIVE PLAN SHOULD ACT AS A PROTECTIVE MEASURE TO ENSURE THE PROPER FIT FOR BUSINESS IS OPERATING IN THE RESIDENTIAL NEIGHBORHOODS. WE ARE ALL AWARE OF THE TRAFFIC, THE NOISE LEVELS AND THE EXCESSIVE LIGHTING. THERE'S NO DOWNCAST NOR SHIELDED LIGHTING HAVING TO DO WITH 101 SOUTH THIRD.
IT'S BEEN THAT WAY FOR FOUR YEARS.
THE SITUATION AT 105 SOUTH THIRD, IT'S HARD TO TRUST WHEN YOU DON'T HAVE IT OUT OF 101.
THE TRAFFIC IS TERRIBLE. THEY WERE SUPPOSED TO SELL ICE CREAM OUT OF THE BACK WINDOW.
WE KNOW THAT THAT HAS NOW BECOME A VENUE WHICH REQUIRES A CHANGE OF ADDRESS. INSTEAD, WE ARE DOUBLING DOWN AT 105. IT IS FAR TOO MUCH BUSINESS.
THEY SHOULD NOT EXCEED THE LIMITS THAT THEY AGREED TO IN THE FIRST PLACE.
IN MY PLACES IN THE NEIGHBORHOODS, BUSINESS EXISTS COHESIVELY. I HAVE A BEAUTY SHOP ON THE OTHER SIDE OF MY HOUSE. EVERYBODY SEEMS TO BE HAPPY WITH THAT. AS THEY EXIST NOW, I THINK THEY ARE PUSHING FOR MANUFACTURING AND DISTRIBUTION IN THE MAKING OF THEIR ICE CREAM.
PLUS THE RESTAURANT HOURS AND ALL REALLY DO OVERCROWD PARKING EVERYWHERE. I LOVE ICE CREAM.
BUT I'M TELLING YOU, THE WAY THAT THIS BUSINESS HAS BEEN RUN AND THE WAY THAT I THINK THAT IT IS GOING TO RUN, OVERSTEPS THEIR BOUNDARIES AND LEAVES A BAD TASTE IN MY MOUTH.
IT MAKES IT VERY HARD TO SWALLOW THE THOUGHT OF AN 8:00 UNTIL 10:00 RESTAURANT SIX HOURS -- I MEAN SIX DAYS A WEEK.
>> IF YOU COULD COMPLETE YOUR THOUGHT.
>> I DON'T THINK ANYONE IN THE CITY COUNCIL OR ANY HOMEOWNER WOULD WANT TO HAVE A RESTAURANT IN THEIR NEIGHBORHOOD.
SIX DAYS A WEEK BESIDE THEM, BEHIND THEM OR IN FRONT OF THEM.
>> THANK YOU FOR YOUR COMMENTS.
>> AFTER MISS CHAMBERS WILL BE BETHANY STEFANINAN.
>> I'M CHRISTINA CHAMBERS. I AM WITHIN THE CITY LIMITS.
I'M HERE NOT JUST AS A NEIGHBOR BUT A CONCERNED CITIZEN. I'M IN OPPOSITION.
WHO VALUES THE INTEGRITY AND CHARACTER OF OUR RESIDENTIAL COMMUNITY. IT'S A BELOVED LOCAL BUSINESS AND I APPRECIATE WHAT THEY BRING TO THE TOWN.
>> CAN YOU PAUSE? HIT THE TIME, PLEASE. SORRY.
NO WORRIES. IT'S A BELOVED LOCAL BUSINESS. WE LOVE ICE CREAM.
WE'RE NOT TRYING TO DENY AIR CONDITIONING, A PLACE TO SIT DOWN AND GET OUT OF THE HEAT.
THIS REZONING REQUEST IS NOT ABOUT ICE CREAM.
IT'S ABOUT THE FUTURE OF OUR NEIGHBORHOOD.
APPROVING THE REZONING WOULD SET A DANGEROUS PRECEDENT.
IF ONE HOME CAN BE CONVERTED INTO A MYRRH SHALL PROPERTY, WHAT'S TO STOP THE NEXT AND NEXT AND NEXT? WHAT'S TO STOP OUTSIDE VENDORS FROM BUYING UP HOMES, TURNING OUR CRY ET STREETS INTO COMMERCIAL CORRIDORS? THIS IS NOT JUST ABOUT ONE BUSINESS.
IT'S INCREASED TRAFFIC ON STREETS THAT ARE NOT DESIGNED FOR COMMERCIAL VOLUME. OVERFLOW PARKING SPILLING
[00:50:04]
INTO RESIDENTIAL DRIVEWAYS AND YARDS.NOISE AND LIGHT POLLUTION. MOST IMPORTANTLY, THE EROSION OF TRUST IN ZONING LAWS MEANT TO PROTECT OUR NEIGHBORHOODS. IN A TOWN LIKE MIDLOTHIAN, THIS SAY FINANCIAL RISK.
WE CHOOSE TO LIVE HERE. WE RAISE OUR FAMILIES HERE.
WE WALK OUR DOGS. WE KNOW OUR NEIGHBORS.
REZONING THIS PROPERTY CHIPS AWAY AT THE FABRIC OF WHAT MAKES MIDLOTHIAN MIDLOTHIAN.
I URGE YOU TO CONSIDER THE LONG- TERM IMPLICATIONS.
ONCE THIS DOOR IS OPENED, IT CANNOT BE EASILY CLOSED. PLEASE VOTE NO ON THE REZONING REQUEST. LET'S PRESERVE THE CHARACTER, SAFETY AND INTEGRITY OF OUR COMMUNITY.
THANK YOU. >> THANK YOU FOR YOUR COMMENTS.
>> JOSHUA GARVIN. ANGELA BAILEY.
>> WELCOME, MISS BAILEY. STATE YOUR NAME INTO THE MICROPHONE, WHETHER YOU LIVE IN THE CITY LIMITS.
>> MY NAME IS ANGELA BAILEY. I LIVE AT 517 WEST AVENUE I IN OLD TOWN MIDLOTHIAN. I'M HERE TONIGHT TO OPPOSE THE CONTINUED INCHROMEMENT OF BUSINESS INTO ENAT THIS TIME ITS THROUGHOUT RESIDENTIAL NEIGHBORHOODS. WHEN REALTY SUBMITTED A REZONING REQUEST, I ATTENDED TO OPPOSE THAT REQUEST. I WAS THEN AND CONTINUE TO BE CONCERNED ABOUT THE LACK OF PLANNING AND FORESIGHT FROM BUSINESSES OCCUPYING OLD HOUSES. WHY DO YOU PUT YOUR BUSINESS IN A BUILDING THAT WILL NOT MEET YOUR NEEDS FOR FIVE, THREE OR EVEN ONE YEAR? THE REZONE REQUEST WAS TO DOUBLE THE SIZE OF THEIR BUILDING AND POUR THE ENTIRE SIDE AND BACKYARD IN CONCRETE FOR PARKING. THIS SEEMS TO BE A RECURRING THEME IN OLD HOUSE BUSINESSES. MY SECOND CONCERN IS THE CONTINUAL ELIMINATION OF GREEN SPACE AROUND OLD HOMES.
IT TURN THEM FROM CHARMING RESIDENCES INTO JUST A BUILDING SURROUNDED BY CONCRETE, PARKING SPACES AND SIGNS. THIS INCREASED NECESSITY FOR CUSTOMER PARKING RESULTS IN MORE TRAFFIC CONGESTION IN THE FRONT, BACK AND AROUND RESIDENTIAL HOMES. THE CONCRETE AND TRAFFIC THEN INCREASES THE GROUND SURFACE TEMPERATURES.
I HAVE SPENT THOUSANDS OF DOLLARS TO IMPROVE THE STRUCTURE AND APPEARANCE OF MY HOME.
I DID NOT BENEFIT FROM ANY GRANT MONEY LIKE A BUSINESSOWNER HAS AVAILABLE TO THEM.
A PERCEPTION OF BUSINESS FAVORITISM.
THE PNC DENIED THE REZONING REQUEST FROM THE REALTY COMPANY.
AT THAT POINT, I THOUGHT THE MATTER WAS JUST OKAY.
APPARENTLY NOT. THE VOTE WENT TO THE CITY COUNCIL WHERE THE RECOMMENDATION WAS REVERSED. FROM THAT MOMENT FORWARD, I BEGAN TO OBSERVE MORE OLD HOMES BEING BOUGHT AND REZONED FOR BUSINESS.
THIS SEQUENCE PUT A BUSINESS IN AN OLD HOUSE NEXT TO A FAMILY.
THE FAMILY PUTS THEIR HOUSE ON THE MARKET. MOVES AWAY. ANOTHER OLD HOME UP FOR SALE.
IT'S NOT A PATTERN THAT I LIKE. IT ALMOST SEEMS LIKE A PLAN TO SPREAD BUSINESSES IS A WAY TO GET RID OF RESIDENTS IN OLD TOWN MIDLOTHIAN.
I AND OTHER RESIDENTS OF OLD TOWN AND SURROUNDING NEIGHBORHOODS NEED YOU, OUR REPRESENTATIVES, TO BE BETTER AND TO DO BETTER.
DON'T JUST GIVE US LIP SERVICE OR PLATITUDES AND THEN VOTE TO TURN OUR OLD TOWN NEIGHBORHOOD INTO MORE AND MORE COMMERCIAL AND URBAN DEVELOPED SPACES. WE NEED YOU TO FOLLOW YOUR OWN PLANS FOR GROWTH AND RESPOND TO VOTER CONCERNS WITH RESPECT AND WISDOM. WE NEED TO GROW OUR COMMUNITY TOGETHER, DOING IT RESPONSIBLY AND WITH CARING.
>> BRENT MORRIS. AND ERIC BLAKE WILL BE NEXT.
>> MR. MORRIS, THE FLOOR IS YOURS.
>> THANK YOU, CITY COUNCIL FOR ALLOWING ME TO SPEAK TONIGHT. MY NAME IS BRENT MORRIS.
I LIVE AT 113 SOUTH THIRD STREET, THE NEXT HOUSE OVER.
MOST OF MY COLLEAGUES HAVE BEEN OR WILL BE SPEAKING ABOUT
[00:55:01]
THE REZONING CONVERSION OF RESIDENTIAL PROPERTIES IN OLD TOWN INTO COMMERCIAL PROPERTIES AND THEIR CONCERN THAT DOING SO WILL ADVERSELY IMPACT THE WAY OF LIFE FOR LONGTIME RESIDENTS.I UNDERSTAND THE DECISION TO CONVERT UP TO TWO-THIRDS OF OLD TOWN RESIDENTIAL PROPERTIES TO COMMERCIAL HAS BEEN DECIDED AND PUBLISHED AS PART OF THE CITY COMPREHENSIVE PLAN.
I RECOGNIZE MY NEIGHBORS' FIGHT IS AN ONGOING BATTLE AND WISH THEM WELL IN THE ATTEMPT TO IMPROVE THE PLAN IN THE FUTURE. THAT SAID, LET'S LOOK AT EXACTLY WHAT THE COMPREHENSIVE PLAN STATES. IN CONVERSATIONS WITH CITY COUNCIL MEMBERS, THIS PLAN IS A BLUEPRINT FOR DECIDING ZONING CHANGES FOR CITY STAFF AND CITY COUNCIL. IN THE COMPREHENSIVE PLAN, ORIGINAL TOWN, AS IT IS REFERRED TO, IS ENVISIONED TO BE A NEIGHBORHOOD OF RESIDENTIAL PROPERTIES AND SMALL BUSINESSES THAT OFFER NEIGHBORHOOD SERVICES.
I INTEREST PRESS IT AS AN IDYLLIC NEIGHBORHOOD WHERE SMALL BUSINESSOWNERS AND RESIDENTS LIVE IN HARMONY AND WORK TOWARDS RESOLVING ANY PROBLEMS THE BUSINESS MIGHT CAUSE THE NEIGHBOR. THE OWNERS AND REPRESENTATIVES OF MIDLO HAVE NOT LIVED UP TO THAT STANDARD REQUIRED TO PROMOTE AND MAINTAIN THE TYPE OF NEIGHBORHOOD ENVISIONED BY THE COMPREHENSIVE PLAN. INITIALLY, IT WAS SUPPOSED TO OFFER ICE CREAM AT A WALK- UP WINDOW WHERE PATRONS WOULD MAKE THEIR PURCHASE AND LEAVE. THEN IT CREATED A PATIO WITH OUTDOOR SEATING AND GAMES, ILLUMINATED BY OVERHEAD STRINGS OF UNSHIELDED LIGHT BULBS.
THIS ENCOURAGED THE GATHERING OF CROWDS AND BOISTEROUS ACTIVITY. THE NOISE AND BRIGHT LIGHTS DESTROYED THE TRANQUILITY OF RESIDENTS TRYING TO ENJOY BACKYARD WITH FAMILY AND FRIENDS.
NOW THE SAME BUSINESSOWNER WANTS TO EXPAND INTO THE HOUSE NEXT DOOR, WHICH IS RIGHT NEXT DOOR TO MY HOME. THEIR PLAN WAS NOT ONLY TO HAVE A SIT-DOWN RESTAURANT BUT TO CREATE A MANUFACTURING FACILITY FOR THEIR ICE CREAM.
I HAVE TOURED THE CREAMERY. IT'S A FUN PLACE TO VISIT.
I WOULD NOT WANT TO LIVE NEXT DOOR TO IT.
NOWHERE IN THE COMPREHENSIVE PLAN IS THERE A PROVISION FOR A MANUFACTURING FACILITY IN THE ORIGINAL TOWN NEIGHBORHOOD.
IT BOGGLES MY MIND THAT CITY STAFF NOT ONLY WAS ENTERTAINING THIS REQUEST BUT ALSO CONSIDERING GIVING THEM A GRANT TO HELP FUND AND ACHIEVE THIS GOAL. THERE'S A HUGE DIFFERENCE BETWEEN A SMALL ICE CREAM SHOP AND A FOOD PROCESSING PLANT.
WITH THE APPLICANT'S TRACK RECORD OF GOING BEYOND ORIGINAL APPROVED PLANS TO BECOME A NUISANCE BUSINESS, I DO NOT TRUST THEM TO BE GOOD NEIGHBORS. IF THE MIXED USE NEIGHBORHOOD HAD ENVISIONS TO BE SUCCESSFUL, IT WILL REQUIRE BUSINESSOWNERS TO BE GOOD NEIGHBORS. THIS APPLICANT HAS PROVEN OTHERWISE. THE COUNCIL SHOULD REJECT THE
PLAN DEVELOPMENT. >> THANK YOU.
I'M ERIC BLAKE. A RESIDENT OF 3202 BURGUNDY.
I GAVE MY WRITTEN STATEMENT IN SUPPORT OF THE ZONING CHANGE BACK WHETHER THIS ISSUE WAS BEFORE PNZ. TONIGHT I WILL REITERATE WHY THIS MAKES SENSE TO ME. I KNOW SEVERAL OF YOU.
HAVE TRIED TO TAKE OPPORTUNITIES TO TALK TO YOU OUT OF BAND AS WELL. I HAVE IMPRESSED THAT IT'S A LOCALLY OWNED BUSINESS. THERE'S A CERTAIN SMALL TOWN FEEL THAT YOU CAN GET BY GOING TO AN ESTABLISHMENT RUN BY LOCALS, SOMETHING YOU DON'T HAVE WITH A BIG CORPORATION WITH LOTS OF FRANCHISES AND NO PARTICULAR TIE TO THE TOWN. I'M A FREQUENT PATRON OF THE SHOP. I WOULD BE IN FAVOR OF THIS ZONING CHANGE EVEN IF THE ICE CREAM WERE NOT MY THING. THAT'S PARTLY BECAUSE I'M IMPRESSED BY THE RECOMMENDATION THAT THIS IS COMPATIBLE WITH THE FUTURE LAND USE PLAN. I WANT DOWNTOWN MIDLOTHIAN TO BE A PLACE WORTH GOING TO. I WAS THRILLED WHEN WE BUILT THIS BUILDING AND GOT A PUBLIC REST ROOM DOWNTOWN.
THE NUMBER OF TIMES I HAVE TAKEN MY KIDS TO THE SHOP AND THEY NEEDED TO USE THE FACILITIES AND THERE'S NOTHING AVAILABLE. IF YOU ALLOW THIS EXPANSION, THERE WILL BE A REST ROOM FOR THE PATRONS. I UNDERSTAND THAT ONE OF THE BIG CONCERNS IS THE TRAFFIC.
THE FACT THAT TRAFFIC MIGHT INCREASE.
PARKING IS ALWAYS AN ISSUE DOWNTOWN.
I ADMIT, THERE ARE TIMES THAT I COULD NOT PARK IN THE BACK ON THE 16 LOTS OR IN THE FRONT ON THE LOTS THEY HAVE THERE. THEY ARE NOT BEING ABLE TO ADD VERY MANY SLOTS. IF THE TRAFFIC PROBLEM IS BECAUSE OF THE ALLEYWAY BEING ABUSED, THE CITY CAN DO SOMETHING ABOUT THAT. CLOSE IT OFF.
MAKE AN AMENDMENT TO THIS APPROVAL.
DO SOMETHING TO DIRECT THE TRAFFIC.
I HAVE NOTICED THAT THE HOURS TEND TO BE EVENING HOURS WHEN THE GYMNASIUM IS NOT IN USE.
WE DO HAVE THE PARKING LOT BY THE GYMNASIUM. I UNDERSTAND, TRAFFIC IS A CONCERN. YOU WILL NEED TO CONSIDER THAT. I DON'T ENVY YOUR DECISION.
[01:00:03]
I ALSO THINK THAT THE CHANGE WILL BE GOOD FOR COMMUNITY.IF THE PROBLEM IS THAT PEOPLE ARE DRIVING UP AND LEAVING ENGINES IDLING BECAUSE IT'S TOO HOT TO ENJOY THEIR ICE CREAM ANYWHERE OTHER THAN TAKE IT HOME, HAVING A PLACE WHERE IT'S AIR CONDITIONED, YOU CAN SIT DOWN AND ENJOY YOUR ICE CREAM WILL ENCOURAGE PEOPLE TO CUT THE ENGINE OFF.
IF PARKING IS FULL, PEOPLE WILL HAVE TO PLAN THEIR VISITS.
THAT'S THE PROBLEM OF SUCCESS. WE WILL HAVE THAT PROBLEM WHEREVER IT HAPPENS. THE CITY CAN TAKE MEASURES TO SAY, WHAT CAN WE DO TO MAKE DOWNTOWN WALKABLE, MAKE PARKING ACCESSIBLE SO THAT PEOPLE CAN COME DOWNTOWN AND ENJOY THEIR DAY, DO MORE THAN ONE BUSINESS? THEN TOP IT OFF WITH ICE CREAM AT THE END OF THE DAY.
ALL IN ALL, I THINK THAT THIS IS A AL WORTH HAVING.
I WOULD LOVE TO SEE THE SHOP EXPANDED.
>> AFTER MR. ALTMAN WILL BE JAMES DAVIS.
>> COUNCIL MEMBERS, WHETHER MY WIFE AND I MOVE -- 474 LILY COURT. WE OWNED A SHOP AT OFFICE AT 103 SOUTH FOURTH STREET. WHEN MY WIFE AND I MOVED HERE 25 YEARS AGO, WE BEGAN TO SERVE ON COMMITTEES, BOARDS. WE WOULD HAVE A WAY TO WEIGH IN ON WHAT THE FUTURE OF MIDLOTHIAN WOULD BE. WE HAVE CHEERED ON OUR CITY LEADERS AS YOU AND THOSE BEFORE YOU HAVE CREATED A COMMUNITY THAT'S UNIQUE, LIVABLE AND WELCOMING. IN SUPPORT THAT WAS VISION, I HAVE SAT ALONGSIDE MANY OF YOU AS WE MADE SOME TOUGH DECISIONS FOR THE GOOD OF THE WHOLE COMMUNITY AND THE FACE OF LOCALIZED OPPOSITION.
WE HAVE BEEN IN HEARINGS IN RESIDENTIAL AREAS, DEDICATED RESIDENTIAL AREAS WHERE WE HAVE SAID NO TO RESIDENTIAL CARE FACILITIES, DOG KENNELS, RETAIL FACILITIES. WE SAID NO TO THOSE BECAUSE THOSE ARE DEDICATED RESIDENTIAL AREAS.
SUBURBAN MODULE. THIS IS OLD TOWN.
THE VISION BEGAN WHEN I MOVED TO MIDLOTHIAN, IT WASN'T WHAT WE HAVE NOW.
WHAT IT WAS WAS A MAJOR THOROUGHFARE.
287 CARRIED CEMENT TRUCKS 20 YEARS AGO.
IT HAULED TRAFFIC FROM THE BASINBASIN HOUSTON AND ALL POINTS IN BETWEEN. IT WASN'T A QUIET PLACE TO LIVE.
WHAT WE HAVE DONE IS THROUGH MIXED USE, WE HAVE TURNED IT INTO A LIVABLE PART OF OUR COMMUNITY. PEOPLE GATHER FOR STREET DANCES.
IT'S WHERE THEY GATHER TO MEET.
WE HAVE PARTIES INTO THE EVENING.
WE ENJOY THAT PART OF THE CITY.
WE HAVE WATCHED AS WE HAVE REPLACED THE RENTAL HOMES THAT WERE THERE 20 YEARS AGO WITH CHAM CHAINLINK FENCES WITH REFURBISHED HOMES, BUSINESSES AND PROFESSIONALS.
TODAY, IF WE WANT TO BRE DESERVE THOSE SMALL LOCALLY OWNED BUSINESSES, WE NEED TO SUPPORT APPLICATIONS LIKE SCOOPS. IF WE REJECT THIS TODAY, THE MESSAGE WE ARE SENDING TO SMALL BUSINESSOWNERS IS -- AND ALL BUSINESSES IS DON'T DO BUSINESS IN OLD TOWN MIDLOTHIAN.
YOUR BUSINESS CAN BE STRUCK DOWN AT ANY ONE'S INCONVENIENCE. INSTEAD, WHAT WE WILL SEE IS THESE BUSINESSES WILL BE PUSHED OUT TO SHOPPING MALLS, REPLACED BY CHAIN STORES. THEY WILL BE OUT THERE BY THE SHOPPING MALLS. WE HAVE SEEN CITIES AGAIN AND AGAIN THAT HAVE PUSHED BUSINESSES OUT FROM OLD TOWN. FROM THERE, THEY HAVE BEEN LEFT WITH COMMUNITIES THAT ARE RENTAL PROPERTIES FOR RESIDENT RENTERS. SO WHAT I'M URGING YOU IS FOR THE FUTURE OF THIS CITY, PLEASE LET LOCAL BUSINESSES LIKE SCOOPS CONTINUE TO CREATE SPACES WHERE WE CAN GATHER IN THE EVENING AND WE CAN JOIN TOGETHER AS A COMMUNITY AND GET TO KNOW OUR NEIGHBORS.
THANK YOU VERY MUCH. I URGE YOU TO SUPPORT THIS ZONE CHANGE.
>> THANK YOU FOR YOUR COMMENTS.
>> MY NAME IS JAMES DAVIS. I LIVE IN CITY LIMITS.
YOU HAD A CHANCE TO REVIEW SOME OF THE VIDEO AND IMAGES WE SHARED. I WOULD LIKE TO OPEN BY ASKING YOU TO TAKE A MOMENT TO REMEMBER WHAT YOU SAW. THAT'S NOT THEORETICAL. IT'S NOT AN EXAGGERATION TO MAKE A POINT.
IT'S NOT SOME CONTRIVED SCENE STAGED TO SHIELD THE TRUTH. IT'S THE DAILY REALITY FOR PEOPLE IN OLD TOWN.
LIGHTS THAT ARE TOO BRIGHT FOR THIS NEIGHBORHOOD.
CROWDS TOO LOUD FOR CONVERSATION. TRAFFIC TOO CONGESTED.
IT'S THE CONSEQUENCE OF POOR PLANNING.
SOME PEOPLE MIGHT NOT HAVE A PROBLEM WITH A SMALL RESTAURANT IN A RESIDENT SLAL AREA.
[01:05:01]
I WOULD ASK YOU TO IMAGINE THIS.WHAT IF THE RESTAURANT OPENED IN YOUR BACKYARD? WOULD YOU FEEL THE SAME? WOULD YOU CALL THAT PEACE? WOULD YOU SAY IT PROTECTED THE CHARACTER OF YOUR NEIGHBORHOOD? THESE RESIDENTS AREN'T ASKING FOR SPECIAL TREATMENT.
THEY ARE ASKING FOR THE SAME CONSIDERATION YOU WOULD WANT FOR YOUR OWN HOME. WHY THEN WOULD WE FORCE THEM TO DO SOMETHING THAT WE WOULDN'T ACCEPT OURSELVES? WE ALL KNOW GROWTH IS COMING.
WE ARE EXCITED TO BE A PART OF IT.
BUT HOW WE GROW IS EVERYTHING ABOUT WHO WE ARE.
EMPATHY, NOT EXPEA EXPEA ENS, SHOULD GUIDE US.
MY WANT FOR ICE CREAM ISN'T AS IMPORTANT AS THEIR NEED FOR PEACE. YOUR COMPREHENSIVE PLAN ON PAGE 40 LAYS OUT ONE OF MIDLOTHIAN'S LAND USE GOALS.
QUOTE, PROMOTE ATTRACTIVEATTRACTIVE SAFE RESIDENTIAL NEIGHBORHOODS. IT SAYS WE CAN ACCOMPLISH THIS WHEN WE, QUOTE, ENINSURANCE ADVERSE IMPACTS ARE INTERNALIZED AND DO NOT IMPACT NEARBY RESIDENTIAL AREAS.
IT DOESN'T SAY MINIMIZE ADVERSE IMPACT.
IT SAYS ENSURE THEY DO NOT IMPACT NEARBY RESIDENTIAL AREAS.
THIS BUSINESS IS DOING THE OPPOSITE.
TURNING THE HOME NEXT DOOR INTO A BUSINESS WOULD BRING MORE OF THE SAME DISRUPTION.
I UNDERSTAND THE DESIRE TO FOLLOW A ROAD MAP.
A PLAN IS ONLY AS GOOD AS THE PEOPLE WHO INTERPRET IT. APLAN THAT IGNORES OUR VOICES ISN'T A PLAN. IT'S A PROBLEM.
PLEASE, HEAR WHAT YOUR NEIGHBORS HAVE TAKEN TIME TO SAY TONIGHT. THIS REZONING DOESN'T PROTECT OUR NEIGHBORHOODS. IT DISRUPTS THEM.
I URGE YOU TO VOTE NO ON THIS REQUEST. I THANK YOU FOR YOUR TIME AND SERVICE.
>> AFTER MISS HAZE WILL BE BOBBY WORLEY.
>> IF YOU ARE YIELDING YOUR TIME FOR MISS HAZE, IF YOU COULD STAND WITH HER, PLEASE.
I WOULD APPRECIATE IT. IS IT JUST ONE? MISS HAZE, WHAT'S A FAIR AMOUNT
>> MY NAME IS BRENDA HAZE. I LIVE AT IS 112 SOUTH SECOND STREET. I'M ONE OF THE HOMEOWNERS DIRECTIONALLY IMPACTED BY THIS REZONING REQUEST. ONE THAT FRANKLY FEELS LIKE IT'S A CLEAR DISREGARD FOR OUR NEIGHBORHOOD AND WHAT'S LEFT OF MIDLOTHIAN'S ORIGINAL TOWNSHIP.
WHEN THIS BUSINESS FIRST OPENED, ITS OWNERS PROMOTED IT AS A SIMPLE WALK-UP ICE CREAM WINDOW WITH OFFICE SPACE.
THE OWNERS PROFESSED THEN AS THEY DO NOW, THEY WANT TO BE GOOD NEIGHBORS. THEIR ACTIONS SPEAK OTHERWISE.
NOW WE HAVE OUTDOOR SEATING, GAMES AND BRIGHT LIGHTS SIX DAYS A WEEK UNTIL 9:00 OR 10:00 AT NIGHT. I TOLD ONE OF THE OWNERS, MR. JONATHAN DOUGLAS, IT FEELS LIKE WE LIVE BEHIND A CONVENIENCE STORE, NOT IN A QUIET RESIDENTIAL NEIGHBORHOOD. HIS RESPONSE WAS, IT COULD BE WORSE. AT LEAST IT'S NOT A DISCO. AS IF THE CURRENT DISRUPTION WASN'T ENOUGH, MR. DOUGLAS INFORMED ME THAT ADDITIONAL DISRUPTION WAS COMING WITH THIS REZONING REQUEST. HE SAID, PORCH SWING TEA WOULD BE MOVING TO THE CURRENT LOCATION WHILE THEY TURN THE HOUSE INTO AN INDOOR ICE CREAM PARLOR. ALL OF THIS IS RIGHT BEHIND MY BACK DOOR. HE SAID HIS PLAN WAS APPROVED BY PROPERTY VALUE WOULD GO UP. I GUESS HE DOESN'T REALIZE THAT EVEN IF THAT WERE THE CASE, IT WOULD BE BECAUSE MY HOME WOULD BE MORE ATTRACTIVE TO THE VERY KIND OF BUSINESS ENCROACHMENT WE ARE TRYING TO AVOID.
IN AN EFFORT TO APPEAL, I ASKED MR. DOUGLAS HOW HE WOULD FEEL IF THIS WERE IN HIS BACKYARD? HE SAID, I GUESS I WOULD LEARN TO DEAL WITH IT OR MOVE. I CALLED THIS MY HOME FOR 71 YEARS.
MY ROOTS ARE TOO DEEP TO JUST DEAL OR MOVE.
OR TO IGNORE THE PROBLEMS THE CURRENT BUSINESS CREATES.
LIGHT POLLUTION, NOISE, SAFETY ISSUES WITH TRAFFIC AND PARKING. THE ALLEY BEHIND OUR HOMES WAS NEVER MEANT FOR COMMERCIAL USE.
IT'S NOW OVERWHELMED WITH CARS AND PEDESTRIAN.
NOISE IS CONSTANT, CONGESTION IS DANGEROUS.
I RAISE THESE CONCERNS FOR YEARS.
THEY HAVEN'T GONE AWAY BECAUSE THEY HAVE NEVER BEEN ADDRESSED.
I FEAR THEY NEVER WILL BE, ESPECIALLY WHEN MR. DOUGLAS HAS SHOWN THROUGH HIS WORDS AND ACTIONS THAT HE DOESN'T SEE THE ISSUES OR DOESN'T CARE.
IN FACT, HE TOLD ME THAT THIS IS GOING TO SOUND LIKE A THREAT.
BUT IF WE BACK OUT TWO DEVELOPERS WILL JUMP ON IT. IT COULD BE WORSE. WHEN SOMEONE USES THOSE WORDS, IT'S GOING TO SOUND LIKE A THREAT.
I TEND TO BELIEVE THEM. IF YOU HEAR NOTHING ELSE THAT I SAY TONIGHT, LET IT BE THIS. NOBODY SHOULD HAVE TO FEEL LIKE THEIR HOME, THEIR PEACE IS UNDER CONSTANT THREAT.
I HAVE LEARNED ONE THING THAT IN LIFE WHEN YOU FEEL LIKE
[01:10:03]
DAVID, FACING GOLIATH, IT'S USUALLY A BATTLE WORTH FIGHTING. THAT'S IT.>> THANK YOU. MA'AM, DO YOU MIND STATING YOUR NAME INTO THE MICROPHONE FOR THE RECORD SO I CAN HAVE IT.
>> THANK YOU. >> ASHLEY DAVIS.
>> GOOD EVENING, MR. MAYOR, COUNCIL MEMBERS.
BOBBY WORLEY. I LIVE IN OLD TOWN WITH MY WIFE.
WE LIVED HERE 20 YEARS. IT WILL BOW E OUR RETIREMENT HOME. WE LOVE LIVING IN OLD TOWN.
OUR HOUSE IS WITHIN THE MIXED USE ZONING AREA. YOU KNOW, I DON'T DISAGREE WITH THE COMMERCIAL PROPERTIES UNDER CERTAIN CIRCUMSTANCES.
IF YOU LOOK ALONG MAIN STREET, THERE ARE A LOT OF LAWYER OFFICES, INSURANCE AGENTS, HAIR SALONS, REAL ESTATE AGENTS, BUSINESSES THAT ARE PROFESSIONAL SERVICES THAT JUST OPERATE DURING THE WEEK AND ARE NOT OPEN ON WEEKENDS OR AT NIGHT. WHEN THE REALTY, WHICH IS THE DIRECTLY ADJACENT TO US, REZONED THAT PROPERTY, WE WERE INITIALLY SKEPTICAL. THEY HAVE BEEN GREAT NEIGHBORS. WE DON'T KNOW THEY ARE THERE.
THEY REQUESTED A SECOND REZONE, AS MISS BAILEY MENTIONED, TO COMPLETELY CONCRETE THE DRIVEWAY IN THE BACKYARD. I DON'T AGREE WITH THAT BEING WITHIN THE AESTHETICS OF A RESIDENTIAL NEIGHBORHOOD. SINCE THAT TIME, THEY HAVE NOW ADDED SECURITY CAMERAS AND FLOODLIGHTS THAT FLOOD INTO OUR BACKYARD AND OUR KITCHEN AT NIGHT. IT'S MORE OF THAT.
WE DON'T OPPOSE MIDLO SCOOPS. WE WERE CUSTOMERS.
OUR GRANDDAUGHTERS LOVED WALKING OPEN WHEN THEY OPENED.
WE WOULD GET ICE CREAM AND WALK BACK HOME.
WE WALK UP TO COMPO, PANTHER PEAK SNOW CONE STAND. WE USED TO WALK ED TO OTHER PLACES. THIS SETS A PRECEDENT. IT'S AN INTRUSION INTO THE NEIGHBORHOOD. IT'S NOT A COMPROMISE. I HAVE SEEN THE VIDEO FROM THE NEIGHBOR DIRECTLY BEHIND OF THE BACKYARD OF THE STRING OF LIGHTS THAT ARE FLOODING AND THE NOISE AND MUSIC AT 9:00 AT NIGHT ON A WEEKEND. IF WE ALLOW THAT TYPETYPE THING, THEN IT'S GOING TO GET WORSE FOR THE PEOPLE THAT HAVE LIVED HERE THEIR WHOLE LIVES AND MAKE THEIR RETIREMENT HERE. THIS IS OUR HOME.
THIS IS WHERE WE WANT TO STAY AND BE LAP HAPPY AND COMFORTABLE U. WOULD REQUEST YOU OPPOSE THIS REQUEST.
>> AFTER MISS DAVIS WILL BE KAREN LYNCH.
>> MISS DAVIS, ANYBODY YIELDING
>> THE FLOOR IS YOURS. >> THANK YOU.
GOOD EVENING, I'M ASHLEY DAVIS. I LIVE WITHIN CITY LIMITS.
I HAVE CALLED MIDLOTHIAN HOME MY ENTIRE LIFE.
MY FAMILY HAS ROOTS HERE SPANNING SIX GENERATIONS.
I'M HERE TO SPEAK ABOUT THE ENCROACHMENT OF BUSINESSES ON OUR HISTORIC OLD TOWN NEIGHBORHOOD AND THE NEGATIVE AFFECT ON ITS RESIDENTS.
ECONOMIC DEVELOPMENT IS IMPORTANT.
BUT IT MUST NOT COME AT THE EXPENSE OF THE PEOPLE WHO LIVE HERE.
REZONING THIS PROPERTY SETS A DANGEROUS PRECEDENT.
THREADING THE SOCIAL EQUITY, ECONOMIC DIVERSITY AND QUALITY OF LIFE FOR OUR CHERISHED COMMUNITY. SOCIAL EQUITY IS AN IMPORTANT PRINCIPLE. THERE ARE FAMILIES WHO HAVE INVESTED DECADES IN OLD TOWN, MAINTAINING HOMES, SUPPORTING SCHOOLS, CREATING THIS NEIGHBORHOOD. THEY DESERVE PROTECTION.
ALLOWING COMMERCIAL INTERESTS TO DOMINATE OVER THESE HOMEOWNERS WHO HAVE BUILT MIDLOTHIAN, RISK DISPLACING THEM, CHANGING WHAT WE LOVE ABOUT OLD TOWN.
ECONOMIC DIVERSITY IS AN ESSENTIAL TO OUR COMMUNITY.
IT CREATES BALANCE WHICH BRING RESIDENTIAL AND COMMERCIAL SPACES. IT ENSURES THAT LOCAL SERVICES, BUSINESSES AND FAMILIES CAN COEXIST IN HARMONY.
WHEN BUSINESSES ENCROACH ON RESIDENTS, WE RISK CREATES A MONO-CULTURE.
WE PRIORITIZE PROFIT OVER PEOPLE.
BECAUSE THE QUALITY OF LIFE IN OLD TOWN IS ALREADY UNDER STRAIN.
THE NOISE AND LIGHT POLLUTION, ESPECIALLY THE EXCESSIVE LIGHTING AND ACTIVITY ALREADY DISRUPTS THE PEACE. THESE DISTURBANCES CONTINUE TO UNTIL LATE 9:00 OR 10:00 AT NIGHT, SIX DAYS A WEEK.
AFFECTING SLEEP, SAFETY AND OVERALL WELL-BEING. MEANWHILE, NARROW STREETS AND ALLEYWAYS HAVE BECOME OVERWELLED.
THE ALLEY NOW FUNCTIONS AS A BUSY THOROUGHFARE.
[01:15:01]
IT WOULD ONLY INTENSIFY THESE PROBLEMS. INCREASING CONGESTION, CREATING GREATER RISK FOR PEDESTRIANS AND DRIVERS ALIKE.LET ME ASK YOU THIS. WOULD YOU WANT THIS DISRUPTION IN YOUR BACKYARD? WHY SHOULD IT BE ACCEPTABLE HERE? IS IT BECAUSE RESIDENTS ARE OLDER, EASIER TO DISMISS? THAT'S NOT THE COMMUNITY WE WANT TO BE.
TO BE CLEAR, WE ARE NOT AGAINST BUSINESS.
WE ARE FOR BALANCE. WE BELIEVE IN GROWTH THAT RESPECTS OUR HISTORY, OUR HOMES AND OUR NEIGHBORS.
WE WANT TO ENSURE OLD TOWN REMAINS VIBRANT, INCLUSIVE AND RESILIENT.
ESPECIALLY FOR THOSE MOST VULNERABLE AMONG US.
LET'S PRESERVE THE HISTORIC OLD TOWN. LET'S STAND TOGETHER TO PROTECT WHAT MAKE OURS NEIGHBORHOODS SPECIAL.
PLEASE VOTE NO ON THIS REZONING REQUEST.
THANK YOU. >> THANK YOU FOR YOUR COMMENTS.
>> AFTER MISS LYNCH IS MELISSAPEGRAM.
>> I'M KAREN LYNCH. I'M A RESIDENT OF MIDLOTHIAN.
>> THANK YOU. IF YOU WANT TO COME FORWARD.
>> IF YOU ARE YIELDING YOUR TIME, IF YOU DON'T MIND, JUST RAISE YOUR HAND SO I CAN ACKNOWLEDGE IT. THEN IF YOU WOULD STATE YOUR NAME AND IF YOU COULD REPEAT HIR NAME INTO THE MICROPHONE FOR THE RECORD.
WAS YOUR NAME? >> KAREN LYNCH.
>> THE FLOOR IS -- HOW MUCH TIME DO YOU THINK IS FAIR?
>> I HAVE HERE -- I HAVE FILED THIS.
I HAVE SEVEN COPIES OF A SUPPLEMENTAL PETITION WITH 140 ADDITIONAL SIGNATURES TO THE OVER 200 SIGNATURES.
I LIVE AND OWN THE PROPERTY AT 802 WEST MAIN STREET.
THE HISTORIC PROPERTY THERE. SEVERAL PEOPLE HAVE COME FORWARD AND MADE THEIR POINTS.
I HAVE THREE OR FOUR SPECIFIC POINTS THAT I WANT TO EMPHASIZE. THOSE OF US WHO ARE OPPOSING THIS ARE HERE TONIGHT IN LARGE PART BECAUSE OF OUR SHARED EXPERIENCE WITH THE APPLICANT BUSINESS.
AS PART OF THE PROCESS THAT WE'RE DEALING WITH, THE UNEXPECTED CONSEQUENCES OF A DECISION MADE YEARS AGO ARE COMPLICATING THIS MATTER.
A DECISION THAT ALLOWED THE HOUSE AT 101 SOUTH THIRD STREET TO BECOME AN OFFICE BUILDING WITH A WALK- UP ICE CREAM WINDOW. THAT BUSINESS HAS NOW BECOME THE EQUIVALENT OF A QUICK TRIP. A BUSINESS THAT IS NOW SEEKING TO DOUBLE ITS SIZE.
WE NEVER FILED A ZONING PROTEST BEFORE. BUT EVERY RESIDENT LOCATED WITHIN 200 FEET OF THIS BUSINESS HAS PROTESTED THIS REQUEST FOR A ZONING CHANGE.
THEY HAVE DONE SO WITH VERY GOOD REASON. IN OUR PAST EXPERIENCE, SIX DAYS A WEEK, WE RESIDENTS IN THIS NEIGHBORHOOD HAVE HAD TO LIVE WITH OUTDOOR MUSIC, NOISE, BRIGHT AND MOVING COLORED LIGHTS AND NEVER BEFORE EXPERIENCED COMMERCIAL AND FOOT TRAFFIC DOWN THE OLD NARROW HISTORICALLY SELDOM USED ALLEY. WHICH IS UNPRECEDENTED IN THE HISTORY OF OUR NEIGHBORHOOD.
IN SHORT, DURING ITS EXISTENCE, THIS BUSINESS HAS SHOWN NO RESPECT OR CONSIDERATION FOR ITS NEIGHBORS.
THE PROSPECT OF IT BASICALLY DOUBLING IN SIZE AND CREATING TWO RESTAURANTS OPEN FROM 8:00 A.M. TO 10:00 P.M. IN THIS HISTORIC NEIGHBORHOOD IS A VERY REAL AND FRIGHTENING THREAT TO THE RESIDENTS WHO LIVE HERE. IT IS ALSO A THREAT TO THE REST OF OLD TOWN, BECAUSE IF IT CAN HAPPEN HERE, IT CAN HAPPEN ANYWHERE IN OLD TOWN.
WE MUST - - WE MUST BE MINDFUL OF THAT. ANOTHER MAJOR FACTOR,
[01:20:05]
THERE'S ALREADY GROSSLY INSUFFICIENT PARKING FOR THIS BUSINESS. TRAFFIC JAMS ARE NEARLY CONSTANT DURING THE EVENING HOURS OF OPERATION.AS HAS BEEN CLEARLY SHOWN IN THE VIDEOS AND THE PHOTOS THAT WE HAVE SUBMITTED TO YOU. THIS BUSINESS AND THE TRAFFIC THAT IS GENERATED AND THE LACK OF PARKING IS TRULY A VIOLATION OF THE PRIVACY RIGHTS OF THE RESIDENTS.
A DISTURBANCE OF THE PEACE OF THE NEIGHBORHOOD.
THE NEIGHBORS HAVE COMPLAINED ABOUT THIS REPEATEDLY. ALL TO NO RESPONSE. NO RESPONSE WHATSOEVER.
THERE ARE A SIGNIFICANT NUMBER OF FOLKS HERE TONIGHT IN SUPPORT OF THE ICE CREAM SHOP.
SUPPORTING AN ICE CREAM VENDOR IS CERTAINLY UNDERSTANDABLE. WE LOVE ICE CREAM.
THAT SAID, LOVING ICE CREAM FOR A SNACK OR A DESSERT AND HAVING AN ICE CREAM VENDOR IN MIDLOTHIAN IS VERY DIFFERENT FROM HAVING AN ICE CREAM BUSINESS NEXT DOOR TO YOU, OUT YOUR FRONT DOOR OR IN YOUR BACKYARD.
TO PUT IT SIMPLY, THIS BUSINESS IS ALREADY LOCATED IN THE WRONG PLACE. I WANT TO STRESS ALSO THAT ANY CHARACTERIZATION OF OUR PROTEST AS LIKING OR NOT LIKING ICE CREAM, LIKING OR NOT LIKING COMMERCIAL BUSINESS IN OLD TOWN OR LACK OF SUPPORT FOR THE YOUTH OF MIDLOTHIAN IS RIDICULOUS AND WITHOUT MERIT.
AND IS MEANT MERELY AS A DISTRACTION FROM THE BASIC ISSUES PRESENTED BY THIS REQUEST. FINALLY, I WOULD LIKE TO QUOTE A PRESCIENT STATEMENT MADE BY ONE OF THE MEMBERS OF THE CITY COUNCIL AT A RECENT MEETING. A ZONING REQUEST WAS BEING CONSIDERED. WHO SAID, QUOTE, WE WANT TO MAKE SURE WE KNOW EXACTLY WHAT WE ARE GETTING.
WELL, WE, THE RESIDENTS IN THIS NEIGHBORHOOD, KNOW EXACTLY WHAT WE WOULD BE GETTING.
IF THIS IS VOTED IN FAVOR AND ALLOWED. WE KNOW. WE DON'T WANT IT.
THAT'S WHY WE ARE HERE. WE HAVE -- WE AS A GROUP, WHO HAVE SOLICITED THESE PETITIONS, WE HAVE INDIVIDUALLY WALKED THE OLD TOWN NEIGHBORHOODS.
WE HAVE FOUND RESOUNDING AND ALMOST UNANIMOUS SUPPORT FOR OUR OBJECTION TO THIS BUSINESS. THERE ARE MANY, MANY PEOPLE -- WE HAVE LEARNED MANY THINGS IN GOING DOOR TO DOOR.
THERE ARE MANY PEOPLE IN THIS TOWN WHO LOVE OLD TOWN AND WANT TO PROTECT AND PRESERVE IT.
I AND HUNDREDS OF RESIDENTS SINCERELY URGE YOU TO DENY THIS ZONING CHANGE REQUEST.
AS A MEANS OF PROTECTING THE RESIDENTS OF OLD TOWN. THE PEOPLE WHO ACTUALLY LIVE IN THE ORIGINAL TOWNSHIP. FINALLY, IF EVER WE'RE GOING TO TAKE STEPS TO PROTECT THESE AREAS, IT IS NOW, WHILE WE HAVE A FEW HISTORIC AREAS THAT HAVE NOT -- THAT HAVE NOT BEEN CONVERTED OR DESTROYED ALREADY. I THANK YOU FOR YOUR TIME.
I KNOW THIS HAS BEEN A DIFFICULT PROJECT. I APPRECIATE IT.
>> THANK YOU FOR YOUR COMMENTS. I JUST WANT TO CONFIRM THAT EVERYBODY THAT FILLED OUT A FORM, THEN OPTED TO BE A SPEAKER, WAS HEARD. DID ANYBODY COMPLETE A FORM AND YOUR NAME DID NOT GET CALLED? OKAY. COUNCIL, THAT'S ALL THE PUBLIC COMMENT. JUST AS A REMINDER, THERE WERE SEVERAL FORMS THAT WERE NON- SPEAKERS OPPOSED.
20 NON- SPEAKER FORMS TURNED IN. IN SUPPORT, THERE WERE 44 NON-SPEAKERS.
WITH THAT, I WILL TAKE A MOTION TO CLOSE THE PUBLIC HEARING.
>> MOVE TO CLOSE THE PUBLIC HEARING.
>> A MOTION ATO TO CLOSE. SECONDED BY COUNCIL WOMAN HAMMONDS. PLEASE VOTE.
ITEM PASSES 7-0 TO CLOSE THE PUBLIC HEARING.
IF YOU DON'T MIND, STAND BACK AS REPRESENTATIVE OF THE CITY.
IF THE APPLICANT IS HERE AND YOU WOULD LIKE TO MAKE
[01:25:01]
A PRESENTATION OR COMMENTS, YOU ARE WELCOME TO COME UP FRONT. YOU COULD STAND FOR QUESTIONS. DO YOU HAVE A PRESENTATION? IF YOU DON'T MIND, INTRODUCEMY SISTER. WE ARE TWO OF THE OWNERS.
OUR THIRD SISTER IS NOT ABLE TO BE HERE. SHE'S PASSING OUT SOME PETITIONS THAT WE HAVE GATHERED AND SIGNATURES.
MY SISTERS AND I OPENED SCOOPS IN 2021 AT 101 SOUTH THIRD AS A SMALL WALK-UP ICE CREAM SHOP.
SINCE THEN, WE HAVE BECOME A PLACE TO GATHER, GRAB A SWEET TREAT AND BECOME A PART OF THE DAILY RHYTHM OF DOWNTOWN MIDLOTHIAN OPEN OFFERING FAMILIES A GATHERING SPOT, A POST- GAME STOP AND FRIENDS A CHANCE TO SLOW DOWN AND KEKD.
WE ARE REQUESTING YOUR APPROVAL TO REZONE ADJACENT PROPERTY AT 105 SOUTH THIRD STREET FROM RESIDENTIAL TO PLAN DEVELOPMENT DISTRICT 114. THIS WOULD ALLOW US TO RELOCATE AND EVOLVE INTO AN INDOOR ICE CREAM SHOP STILL LOCALLY AND FAMILY OWNED BY BUTTER EQUIPPED TO SERVE THE COMMUNITY IN A WAY MORE COMPATIBLE WITH THE NEIGHBORHOOD.
THIS SHIFT FROM A WALK- UP MODEL TO AN INDOOR SPACE WILL NATURALLY MOVE CUSTOMER ACTIVITY INTO THE BUILDING, REDUCING OUTDOOR CON CONGREGATION AND KEEP PEOPLE AWAY FROM THE MAIN STREET BY INCREASING STORAGE SPACE, WE WILL REDUCE THE NUMBER OF DELIVERIES ACTION WELL.
AS FAR AS THE MANUFACTURING, WE ARE HOPING TO OFFER CATERING AND PINTS FOR MAYBE OTHER SHOPS. NOT LIKE A BLUE BELL FACTORY. WE BELIEVE THIS IS A THOUGHTFUL AND MODEST IMPROVEMENT THAT SUPPORTS THE CITY'S LONG- TERM VISION FOR DOWNTOWN.
IT'S BEEN VETTED. THE PLANNING AND ZONING COMMITTEE RECOMMENDED APPROVAL WITH A 5- 2 VOTE.
STAFF REPORTS CONFIRM THE PROJECT IS CONSISTENT WITH THE COMBRE HEN RECEIVE PLAN, FUTURE LAND USE MAP AND 2020 DOWNTOWN MASTER PLAN.
THE SITE IS LOCATED IN A MIXED USE TRANSITION AREA WHICH SUPPORTS NEIGHBORHOOD AND RESTAURANT USES.
THIS AREA INCLUDES COMMERCIALLY ZONED PROPERTIES.
LONG BEFORE WE EVEN OPENED OUR DOORS.
THOUGHT THIS PROCESS, WE HAVE TAKEN CARE TO BE RESPECTFUL, COLLABORATIVE AND ADAPTABLE. SOME OF THE MEASURES WE HAVE TAKEN INCLUDE PARKING, WE ORIGINALLY WANTED TO HAVE PARKING IN THE BACK. WE WERE LIMITING THAT TO THE FRONT RIGHT-OF-WAY. NOT THE BACKYARD OR ALLEY.
NO COMMERCIAL DUMPSTER. HANDCARTS TO PRESERVE RESIDENTIAL CHARACTER. NO ALLEY ALTERATIONS.
THE EXISTING SURFACE WILL REMAIN UNTOUCHED. ADA COMPLIERNLT SIDEWALKS AND AK IS STOES IMPROVE INCLUSIVITY WILL BE INSTALLED NOT TO DISTRACT FROM THE NEIGHBORHOOD FEEL.
WE WILL MAINTAIN AND ENHANCE FENCING FOR ADDITIONAL PRIVACY.
WE HAVE MADE SEVERAL ATTEMPTS TO WORK WITH OUR NEIGHBORS.
WE OFFERED TO BUILD PRIVACY FENCING TO RAISE OUR FENCE TO EIGHT OR TEN FEET AND TO USE SOFT RESIDENT SLAL GRADE LIGHTING BELOW FENCE HEIGHT. NOT USE OUTDOOR SPEAKERS AND TO PUT UP SIGNS DIRECTING OVERFLOW THE NEARBY SCHOOL LOTS. NONE OF THE OFFERS WERE ACCEPTED. SEVERAL OF THE MEETINGS WE SCHEDULED TO WORK THROUGH THE CONCERNS WERE CANCELED BY THE RESIDENTS OR WE WERE UNINVITED.
SINCE JUNE 6, WE RECEIVED OVER 1,300 SIGNATURES WHICH MORE THAN 950 ARE FROM MID LOENLIAN RESIDENTS SUPPORTING THIS REQUEST. THAT SUPPORT REFLECTS THE COMMUNITY'S BELIEF THAT SMALL LOCAL BUSINESSES LIKE OURS HAVE A PLACE IN MIDLOTHIAN'S FUTURE AND THAT WITH THOUGHTFUL DESIGN AND INTENTIONAL GROWTH WE CAN ADD VALUE WITHOUT DISRUPTION. AS A BUSINESS, WE HAVE BEEN ABLE TO SUPPORT LOCAL SCHOOLS AND NON-PROFITS BY ING 10% OF SALES DURING SPIRIT NIGHTS.
PROVIDED JOBS AND TRAINING TO SEVERAL HIGH SCHOOL STUDENTS.
WE RECEIVED A 4.9 STAR RATING FROM NEARLY 300 UNSOLICITED GOOGLE REVIEWS.
MANY PEOPLE LOVE THE HOMETOWN FEEL AND THE CHANCE TO RUN INTO FRIENDS OR MAKE NEW ONES. THEY LOVE THE FRIENDLY STAFF AND FUN ATMOSPHERE AND NOT TO MENTION THE DELICIOUS ICE CREAM. THIS REZONING ISN'T ABOUT CHANGING THE HEART OF OLD TOWN.
IT'S ABOUT PROTECTING IT. IT'S ABOUT A BUSINESS THAT'S EARNED THE COMMUNITY'S TRUST TO CONTINUE SERVING WITH CARE AND ACCOUNTABILITY. WE RESPECTFULLY ASK FOR APPROVAL AND THANK YOU FOR YOUR TIME, LEADERSHIP AND SERVICE TO OUR CITY.
>> I'M SURE THERE'S QUESTIONS. IF YOU COULD STAY CLOSE.
CLYDE, IF YOU DON'T MIND STANDING. ENGAGE QUESTIONS. WHO WANTS TO GO FIRST?
>> MY QUESTIONS -- IS THIS FOR
STAFF? >> WHATEVER YOU WANT TO
DO. >> FOR THE APPLICANTS, I HAVE A LOT OF QUESTIONS. ONE THAT'S AT THE TOP OF
[01:30:04]
THE LIST IS, SOME OF THE -- THE WAY YOU WERE DESCRIBING THE RELATIONSHIP WITH THE NEIGHBORHOOD, YOU WERE USING THE WORD COLLABORYOU GUYS BEING SOME OF THE FEEDBACK OBVIOUSLY WE HEARD EARLIER SEEMED FOR LACK OF A BETTER WAY TO PUT IT, DISMISSIVE OF THOSE CONCERNS. WHAT MAKES YOU SAY YOU HAVE BEEN COLLABORATIVE? CAN YOU GIVE A LITTLE BIT MORE DETAIL AROUND THAT SO WE CAN UNDERSTAND WHAT THATMEANS? >> WHEN WE FIRST OPENED, WE FELT LIKE WE WERE WELCOMED TO THE NEIGHBORHOOD. MISS HAZE GAVE US A CUTE SIGN THAT SAID FRESH HOMEMADE ICE CREAM. WE HUNG THAT ON OUR WALL. SHE GREETED US FREQUENTLY.
I DIDN'T REALIZE THAT THERE WAS AN ISSUE.
WE HAD NEVER RECEIVED ANY COMPLAINTS.
THAT WE WERE AWARE OF. WE TRIED TALKING TO THE ADJACENT NEIGHBORS BEFORE WE PURCHASED THE PROPERTY. THREE SIGNED LETTERS OF APPROVAL.
>> THOSE ARE IN THE PACKETS WE HANDED YOU.
>> WHEN JOHN SPOKE, HE TALKED ABOUT TRYING TO WORK THINGS THROUGH CONCERNS WITH NEIGHBORS.
SEVERAL MEETINGS WERE SCHEDULED. AT THE LAST MINUTE, I GOT A CALL SAYING, THEY DON'T WANT YOU TO COME TO THE MEETING.
I WAS OPEN TO COMING AND TRYING TO TALK THROUGH THINGS.
I WASN'T GIVEN THE OPPORTUNITY.
>> ANOTHER WAY WE BELIEVE WE HAVE BEEN COLLABORATIVE IS SOME OF THE RESTRICTIONS THAT WE PUT ON OURSELVES WITH THE PNZ WITH THE LOWER LIGHTING, HIGHER FENCES, NOT ADDING A PARKING LOT IN THE BACK TO KIND OF PROTECT THAT BACKYARD PRIVACY.
NOT HAVING MUSIC OUTSIDE. THERE HAVE BEEN THINGS THAT -- ADDITIONAL THINGS THAT WE PROPOSED OR OFFERED TO DO THAT WERE REJECTED AS WELL BY SOME OF THE LOCAL RESIDENTS.
DOES THAT HELP ANSWER YOUR QUESTION? YOU COME AND HELP SUPPORT US OR CAN YOU BE ACCEPTING OF THIS? WE CAN DO THESE THINGS TO MEET SOME OF YOUR CONCERNS TO ADDRESS SOME OF YOUR CONCERNS LIKE THE ALLEY, THE MUSIC, LIGHTS. THE PARKING.
WE BELIEVE THAT MOVING TO THE NEXT DOOR LOCATION AND ADDING PARKING WILL ALLEVIATE A LOT OF THE PARKING CONCERNS. ALSO WITH BEING ABLE TO GO INSIDE INSTEAD OF HAVING TO STAY OUTSIDE, THAT WILL ALLEVIATE SOME OF THE NOISE AS WELL. THERE WERE OTHER THINGS THAT WE PRESENTED LIKE IN ORDER TO ADDRESS SOME OF YOUR CONCERNS, WE WOULD LIKE TO OFFER THESE CONCESSIONS OR WE CAN ALSO MAKE THESE ADDITIONAL CHANGES.
THE RESPONSE WAS THAT THEY WOULD NOT SUPPORT US EVEN IF WE DID DO THOSE THINGS.
THAT'S WHAT I MEAN WHEN I SAY REJECTED THAT.
IT WAS NOT AN AGREED UPON -- YES.
>> ON THE LETTERS YOU MENTIONED -- THAT WAS ANOTHER POINT OF CONFUSION. I WANTED TO CLARIFY.
THE LETTERS YOU PRESENTED, WE HAVE SOME LETTERS THAT ARE TO THE COUNCIL IN SUPPORT OF SOME OF THE FOLKS THAT SPOKE IN OPPOSITION.
WERE THESE PRIOR -- EARLY ON IN THE PROJECT?
>> EARLY ON BEFORE WE PURCHASED THE PROPERTY WE TALKED TO THE NEIGHBORS. ONE OF THEM OPPOSED.
>> SIGNED THOSE. >> SAYING THEY WERE OKAY WITH THE IDEA.
>> THAT WAS ONE OF THE REASONS BEFORE WE PURCHASED THE PROPERTY, WE WANTED TO MAKE SURE WE HAD THE BUY- IN OF OUR NEIGHBORS BECAUSE WE DON'T WANT TO BE A NUISANCE. WE WANT TO BE A PART OF THE COMMUNITY. A WELCOME PART OF THE COMMUNITY.
SO BEFORE PURCHASING THE HOME, WE DID -- KATHY AND HER HUSBAND, WHICH HE SPOKE ABOUT IN HIS ADDRESS, INDIVIDUALLY PERSONALLY WENT AND SPOKE TO THE FOUR ADJACENT NEIGHBORS THAT ACTUALLY TOUCHED THE PROPERTY. LIKE SHE SAID, THREE OF THEM SIGNED THOSE FORMS SAYING THAT THEY WOULD BE IN SUPPORT OF OUR REZONE REQUEST.
>> THIS WAS PRIOR TO PURCHASING THE PROPERTY?
>> CORRECT. AT THE END OF LAST YEAR.
>> OKAY. THAT'S WHAT I GOT FOR RIGHT NOW.
>> WELCOME. I'M SORRY, THIS IS ALL COMING ABOUT. I DON'T WANT TO BE ON EITHER SIDE RIGHT NOW.
REALLY IS AS A RESULT OF YOU HAVING A SUCCESSFUL BUSINESS. THAT'S A GOOD THING.
I'M GOING TO RAPID FIRE QUESTIONS.
THEY ARE GOING TO SEEM ALL OVER THE PLACE.
CAN YOU ADDRESS THE STATUS OF THE DISTRIBUTION COMMENTS? PLANS TO DISTRIBUTE?
>> CURRENTLY, WHAT WE HAVE IS A VERY SMALL SHOP, 171 SQUARE FEET.
IN OUR TALKS OF WANTING TO GET A BIGGER SPACE, WE DID APPLY FOR A
[01:35:04]
GRANT THAT WAS -- WE TALKED ABOUT APPLYING FOR A GRANT THAT WOULD HELP US WITH IMPROVEMENTS BEING ABLE TO BUY EQUIPMENT AND WHATNOT TO HAVE A BIGGER KITCHEN SPACE.ONE OF THE REQUIREMENTS OF THAT GRANT IS THAT YOU DISTRIBUTE ICE CREAM OUTSIDE -- THE PRODUCT OUTSIDE OF MIDLOTHIAN.
WE HAD TALKED ABOUT THAT. LIKE KATHY MENTIONED, WE WANT TO BE ABLE TO MAYBE OFFER PINTS TO LOCAL STORES. REALLY, WHAT OUR IDEA IS THAT WE WANT TO BE ABLE TO GO TO EVENTS AND SELL OUR ICE CREAM FROM A FOOD TRUCK OPERATION.
IT'S NEVER BEEN IN OUR PLAN TO MANUFACTURE MULTIPLE LOCATIONS OUT OF THIS DOWNTOWN MIDLOTHIAN.
WE KNOW THAT IS NOT AN IDEAL LOCATION FOR THAT.
IT'S NOT SET UP FOR MASS DISTRIBUTION.
WE DO BELIEVE THAT IT CAN HELP US TO BE ABLE TO ATTEND EVENTS LIKE -- WHAT WAS IT CALLED?
>> OTHER LOCAL EVENTS AND EVENTS IN SURROUNDING TOWNS, MANSFIELD AND STUFF LIKE THAT WHERE WE CAN TALK OUR PRODUCT WITH A FOOD TRUCK AND MOVE IT OUT THERE.
>> WHEN THAT INFORMATION CAME TO US, IT WAS SPECIFICALLY BASED ON Y'ALL ING OUTSIDE OF MIDLOTHIAN. THAT WAS NEVER Y'ALL'S PLAN?
>> I THINK IT WAS TO GET PINTS -- WE HAVE HAD BAKERIES THAT SAID, WE WOULD LOVE TO HAVE PINTS. RESTAURANTS SAID, WE WOULD LOVE TO CARRY A FLAVOR AS A DESSERT OPTION.
IT'S NOT TO MANUFACTURE FOR KROGER OR FOR HEB BUT FOR SMALL, LOCAL BUSINESSES THAT WANT TO CARRY A SMALL VARIETY IN THE PLACE WE ARE AT WE DON'T HAVE THE CAPACITY TO MAKE THAT MUCH PRODUCT.
>> IS THERE EXTRA STORAGE ON THE SECOND PROPERTY IN ORDER FOR Y'ALL TO BE ABLE TO DO THAT?
>> WE HAVE THAT EXPANSION, WALK-IN REFRIGERATOR.
WE WILL HAVE A WALK-IN REFRIGERATE ARE AND FREEZER THAT WILL ALLOW US TO NOT ONLY HAVE ROOM FOR PINTS AND QUARTS OR WHATEVER WE SUPPLY RESTAURANTS WITH, AND IT WOULD -- I'M NOT SAYING WE WILL DO A LOT OF RESTAURANTS.
IT WOULD BE ALSO TO HELP STORE SOME OF OUR INGREDIENTS, WHICH WOULD LOWER THE AMOUNT OF DELIVERIES WE HAVE TO HAVE.
RIGHT NOW, WE HAVE TO HAVE TWO DELIVERIES A WEEK BECAUSE WE SIMPLY DON'T HAVE THE PLACE TO STORE THE PRODUCTS. OUR GOAL IS TO GET IT TO TWO DELIVERIES A MONTH. WHICH WOULD GREATLY DECREASE THE AMOUNT OF COMMERCIAL TRAFFIC COMING THROUGH THAT AREA.
>> I KNOW WE HAVE TALKED A LOT ABOUT PUTTING RESTRICTIONS ON Y'ALL FOR MOVING -- SELF- IMPOSED TO MOVING TO THE SECOND HOUSE. OBVIOUSLY, THERE'S A LOT OF DISGRUNTLED NEIGHBORS AROUND THE LIGHTS.
HAS ANYTHING BEEN DONE TO THE CURRENT LIGHTS TO HELP MAKE THE NEIGHBORS HAPPY? IF SO, WHAT HAS THAT BEEN?
>> WE WEREN'T AWARE THE LIGHTS -- THE CURRENT LIGHTS WERE AN ISSUE. WE HADN'T RECEIVED COMPLAINTS UNTIL ALL OF THIS HAS COME ABOUT.
RIGHT NOW, WE HAVE JUST BEEN TRYING TO PLAN FOR THE NEXT -- FOR THE NEXT BUILDING.
WE HAVEN'T DISCUSSED WHAT WE'RE GOING TO DO OR CHANGE FOR THIS BUILDING RIGHT NOW.
>> JUST TO CONFIRM, Y'ALL WOULD BE MOVING TO THE SECOND BUILDING AND THE TEA PLACE WOULD BE IN THE FRONT. WOULD IT BE UP TO THEM TO CHANGE LIGHTS OR MAKE ACCOMMODATIONS? HOW WOULD THAT WORK?
>> I CAN'T ANSWER FOR WHAT THEY WOULD DO OR WHATEVER --
>> OUR HUSBANDS OWN THE BUILDING.
THAT WOULD PROBABLY BE UP TO THE LANDLORD. THAT'S --
>> WE OWN THE ICE CREAM SHOP MOVING TO 105.
WE RENT IT FROM THE BUILDING OWNERS OF 101, WHICH HAPPEN TO BE OUR HUSBANDS.
HUSBANDS. >> WE CAN ADJUST THE LIGHTING.
WE NEVER THOUGHT IT WAS THAT BRIGHT.
IT'S STRING LIGHTS WHICH ARE RESIDENTIAL IN USE.
>> I'M LOOKING FOR THE LIGHTS TO ME ARE -- IT'S A SMALL, FIXABLE THING.
>> LOOKING FOR EFFORT TO SHOW THE GOOD FAITH OF WHENEVER YOU HAVE A LOT OF NEIGHBORS SAYING -- WHETHER OR NOT I AGREE OR DISAGREE WITH THE LIGHTS OR WHATEVER, I'M JUST KIND OF LOOKING FOR -- IF I WERE IN THIS SITUATION, I WOULD BE TAKING THE LIGHTS DOWN IMMEDIATELY.
IF YOU KNOW REGARDLESS OF HOW THIS GOES, YOU ARE GOING TO BE
[01:40:01]
THERE. EVEN IF YOU DON'T EXPAND, HOPEFULLY, YOU WILL BE THERE.WHATEVER. THAT'S WHAT I'M LOOKING FOR IS THAT.
LET'S TALK ABOUT THE HOURS REAL FAST.
YOU ARE CURRENTLY 1:00 TO 9:00.
>> 1:00 TO 9:00. WHAT'S THE DEAL WITH 8:00
A.M.? >> THEY ASKED US WHAT OUR HOURS WOULD BE.
WE HAD ONE DAY WHERE WE WERE OPEN AT 8:30 FOR ICE CREAM FOR BREAKFAST, ONE DAY THERE FEBRUARY. I DIDN'T WANT TO RESTRICT THAT. THAT'S WHY I SAID, THAT'S THE EARLIEST WE WOULD EVER BE OPEN.
WE PLAN TO KEEP THE HOURS 1:00 TO 9:00.
BECAUSE OF OUR CUSTOMERS, THEY HAVE REQUESTED WE STAY OPEN LATER IN THE SUMMER.
IN THE SUMMER, WE HAVE A FRIDAY AND SATURDAY UNTIL 10:00.
>> RIGHT NOW, THE PLAN IS TO STAY THE SAME HOURS?
>> 1:00 TO 9:00. >> RANDOM BREAKFAST ICE CREAM.
>> THEN THIS IS PROBABLY FOR STAFF. ON THE ALLEY, CORRECT OR NOT, WE CANNOT CLOSE THE ALLEY?
DISCRETION. >> TALK ABOUT THE COMPLICATIONS.
>> WE HAVE UTILITIES AND EASEMENTS AND FRANCHISE UTILITIES AND THINGS LIKE THAT IN THE ALLEY. THAT'S NOT TO SAY THAT IF THE COUNCIL CHOOSES TO CLOSE THAT ALLEY, THEN WE COULD DO IT. WE WOULD PROBABLY NEED AN EASEMENT TO WORK ON UTILITIES BACK THERE.
>> WHO IS NEXT WITH QUESTIONS?
>> I WANT TO CONFIRM SOMETHING WITH CLYDE ON THE ALLEY CLOSURE.
VIRTUALLY, 90% OF ALL DEVELOPMENT ACROSS THE CITY HAS UTILITIES IN BEHIND THE PROPERTIES ON THE MAIN PROPERTY LINE. IT'S COMMON. GATED SO THE UTILITIES WOULD BE ACCESSIBLE WHILE THE ALLEY NOT USABLE.
>> IT'S FAR FROM AN IMPOSSIBLE SITUATION.
YOU ARE EXACTLY RIGHT. >> THANK YOU.
>> I DO HAVE QUESTIONS FOR THE APPLICANT. YOU ARE OFF THE HOOK, CLYDE, FOR THE MOMENT. I FULLY RESPECT THAT YOU ARE THE BUSINESSOWNER. I FULLY SUPPORT BUSINESS IN MIDLOTHIAN. I'M A MAJOR PROPOTENT OF PRIVATE PROPERTY RIGHTS. THAT COIN HAS TWO SIDES. THE LAWS WE HAVE IN PLACE ARE HERE TO PROTECT US FROM ENCROACHMENTS UPON OUR PROPERTY RIGHTS, WITHIN REASON. UNDER THE LAW.
RIGHT NOW, I FEEL LIKE WE HAVE A SITUATION BASED ON WHAT WE HAVE HEARD TONIGHT WHERE THERE ARE NEIGHBORS BEING IMPACTED.
THE POTENTIAL IMPACT FOR YOU IS AN EXPANSION OF YOUR BUSINESS, THIS IS WONDERFUL THAT YOU ARE SUCCESSFUL. THE TRUE APPLICANT IS THE PROPERTY OWNER. YOU DON'T OWN THE BUILDING.
THAT'S WHERE IT'S GOING TO GET ZONED.
YOU ARE THE TENANT. I THINK THAT'S GREAT.
THE CHALLENGE IS THAT YOU HAVE ZERO CONTROL OVER WHAT GOES INTO THE FACILITY THAT YOU ARE VACATING. RIGHT? I HAVE HAD SEVERAL CONVERSATIONS WITH BOTH SIDES OF THIS EQUATION.
THE CHALLENGE THAT I PRESENTED WAS IN THIS REQUEST, SHOW ME HOW YOU ARE GOING TO MAKE WHAT EXISTS THERE BETTER.
RIGHT? THERE IS NO LANGUAGE IN THE DRAFT PD THAT CHANGES ANY OF THE RULES.
IT JUST ADDS THIS PROPERTY TO IT.
IT DOES LIMIT SOME OF THE USAGE. I WILL AGREE WITH THAT.
IT DOES NOT ELIMINATE THE OUTDOOR SEATING.
IT DOES NOT ELIMINATE NOISE OR POWERED SPEAKER SYSTEMS. IT LEAVES THE LIGHTING AT TEN FOOT TALL.
IT'S SUPPOSED TO ABOUT SHIELDED AND DOWNCAST.
STAFF WILL LOOK AT WHETHER STRING LIGHTS QUALIFY.
IN YOUR OPINION, TELL ME HOW THIS MAKES THE CURRENT SITUATION BETTER.
FOR ALL OF THE RESIDENTS IN THE AREA.
>> LIKE WE SAID ABOUT THE LESS COMMERCIAL TRUCK VEHICLES COMING IN. RIGHT NOW WE HAVE GET TWO DELIVERIES A WEEK. IF WE CAN LESSEN THAT TO TWO A MONTH, I THINK THAT MAKES A BIG IMPROVEMENT.
AS FAR AS NOISE, ANYBODY CAN HAVE A PARTY IN THEIR BACKYARD. YOU CAN'T CONTROL THAT. THE LIGHTING RESTRICTIONS THAT WE HAVE ARE THAT ARE IN THE NEW PD ARE BALTIMORE MORE RESTRICTIVE. ANYBODY CAN MOVE IN AND HAVE STRING LIGHTS AND HAVE ALL OF THAT. WE ARE TRYING TO IMPROVE THOSE SITUATIONS TO ACCOMMODATE SOME OF THEIR CONCERNS WHILE ALSO MAINTAINING THE POINT COMFORTABLE ENVIRONMENT THAT WE HAVE BUILT THAT THE CITIZENS OF MIDLOTHIAN HAVE GROWN TO LOVE. WE ARE GOING TO HAVE INDOOR SEATING, SOMETHING WE DON'T HAVE AVAILABLE RIGHT NOW. YES, PEOPLE CAN STILL SIT OUTSIDE. THAT SHOULD DRASTICALLY DECREASE THE LEVEL OF NOISE, BECAUSE THERE WILL BE PEOPLE
[01:45:03]
INSIDE MORE OFTEN THAN NOT, I WOULD EXPECT JUST WITH 100- DEGREE TEMPERATURE OUTSIDE OR RAIN OR 30-DEGREE TEMPERATURE IN THE WINTER. I THINK THOSE THINGS DO HELP IMPROVE THE NEIGHBORHOOD AND WILL BE A BETTER IMPACT THAN WHAT'S CURRENTLY THERE NOW.>> AS FAR AS THE MUSIC THAT WE HAVE BEEN PLAYING, WE TURNED THE VOLUME WAY DOWN SINCE WE STARTED THIS. I CAN BARELY HEAR IT WHEN I'M ON THE PATIO, ON THE PORCH. I HAVE HEARD PEOPLE SAY THEY CAN HEAR THE MUSIC FROM UNION 28 SOME NIGHTS.
I DON'T KNOW IF THE MUSIC THAT THEY ARE HEARING IS FROM US. I CAN'T HEAR IT IN THE PARKING LOT.
>> WE WON'T HAVE OUTDOOR MUSIC AT THE NEW SHOP EITHER. THAT IS -- WE ARE TRYING TO BE ACCOMMODATING WHILE MAINTAINING THE ENVIRONMENT WE HAVE CREATED THERE ALREADY.
>> I RESPECT THAT. THERE'S NOTHING IN THE LETTER OF THE LAW THAT REQUIRES ANY OF THOSE THINGS. RIGHT? THERE'S NOTHING IN THERE THAT PRECLUDES THE NEW TENANT IN THE WALK- UP WINDOW FACILITY WITH THE OUTDOOR SEATING FROM RESUMING THOSE SAME OPERATIONS. RIGHT? THERE'S NOTHING IN THIS REGULATION THAT PURPORTS TO REDUCE THAT IMPACT ON THE NEIGHBORHOOD. I THINK THERE IS A WAY TO HAVE BUSINESS AND RESIDENTS COEXIST. WE SEE IT IN CITIES ACROSS THE STATE OF TEXAS.
SOMETIMES IT'S DONE WELL. SOMETIMES IT'S NOT DONE AS WELL.
I THINK WHAT WE -- IN MY OPINION, WE HAVE SOMETHING THAT EVOLVED FROM AN ICE CREAM WINDOW TO AN EVENT VENUE.
BUT IT'S A HANGOUT PLACE VERSUS AN ICE CREAM WINDOW OR SNOW CONE STAND A COUPLE OF BLOCKS DOWN.
IT'S DESIGNED TO ENCOURAGE FOLKS TO HANG OUT AND ASSOCIATE WITH ONE ANOTHER, CONGREGATE. WHICH I LOVE. COMMUNITY IS VERY IMPORTANT.
THE DIFFERENCE IS, SOMEBODY -- YOUR NEIGHBOR HAS A PARTY ONCE OR TWICE A MONTH.
IT'S VERY DIFFERENT THAN SIX NIGHTS A WEEK.
I CAN RESPECT THAT. BUT YOU WILL STILL HAVE OUTDOOR SEATING IN THE BACK.
WILL THERE BE STRING LIGHTS OUT THERE? WILL THEY BE BELOW THE FENCE, ABOVE THE FENCE? THESE ARE THINGS I WAS HOPING TO HEAR TONIGHT.
WHAT I HEARD WAS, WE WENT TO NEGOTIATE, THEY DIDN'T AGREE WITH ANYTHING, SO WE SAID, WE'RE NOT GOING TO DO ANYTHING. WE'RE GOING TO BRING IT FORWARD.
ALMOST IDENTICAL TO THE CURRENT ZONING ORDINANCE AND JUST ADD A PROPERTY INTO IT. THAT'S KIND OF WHERE I HAVE A STICKING POINT. YOU HEARD THE CONCERNS.
WHETHER THEY AGREED TO YOUR REMEDIATIONS OR NOT, I THINK I WOULD HAVE LIKED TO SEE SOME ACTUAL ACCOMMODATIONS THAT ARE PROPOSED, SELF- IMPOSED RESTRICTIONS THAT DIDN'T MAKE IT INTO THE DOCUMENT WE ARE VOTING ON TONIGHT.
MAYBE YOU CAN CORRECT ME IF I'M WRONG.
BUT THAT'S KIND OF THE IMPRESSION I GET AT THIS POINT.
>> WE WANT TO BE ACCOMMODATING. I DON'T KNOW HOW STRICT -- I DON'T KNOW IF WE COULD HAVE BEEN, WE WANT TO MAKE CHANGES TO THIS APPROVED PNZ DEVELOPMENT PLAN THAT WAS ALREADY APPROVED SEVERAL MONTHS AGO FOR THIS MEETING NOW OR IF WE WOULD HAVE TO RESTART THE PROCESS. THAT'S JUST ME NOT KNOWING THE PROCESS AS CLEARLY AS I SHOULD.
>> WHICH IS PERFECTLY FINE. THAT'S A CONVERSATION WITH STAFF OR ANYONE ELSE ON WHAT THE REQUIREMENTS ARE.
WE HAVE HAD A LOT OF QUOTING OF VARIOUS PARTS OF THE COMPREHENSIVE PLAN.
THERE'S ACTUALLY A SECTION JUST AROUND DOWNTOWN.
IT REALLY -- LET ME GET THE RIGHT PART HERE. EXISTING BUILDING CHARACTER AND DETAILS, Y'ALL'S EXTERIOR ELEVATION DOES PAY HOMAGE TO THE EXISTING BUILDING CHARACTER AND DETAIL.
I APPRECIATE THAT. IT TALKS ABOUT THE TRANSITION AND INTERWEAVING OF A COMMERCIAL AND RESIDENTIAL USE. THAT'S WHERE I AM COMING TO YOU SAYING, I DON'T FEEL LIKE WHAT'S BEING PRESENTED TO US, WHICH I PRESUME IS THE REQUEST THAT YOU GUYS ASKED FOR, WHICH IS ADDED IN, IS REALLY TAKING THAT TO HEART.
THE EXISTING USE WILL REMAIN. NOW WE WILL ADD AN ADDITIONAL USE.
WE ADD PARKING, GREAT FOR YOU GUYS.
NOW WE HAVE PEOPLE HANGING OUT, DRINKING SWEET TEA, ENJOYING THE PICNIC TABLES AND MUSIC AND PEOPLE COMING TO GET ICE CREAM. BOTH ARE SUCCESSFUL, DO YOU SEE WHERE I'M COMING FROM?
>> I'M TALKING OFF THE SAME CONCERNS.
[01:50:03]
BASIC WHAT WE ARE VOTING ON TONIGHT AND WHAT WE ARE READING IS THERE AND IS NOT THERE.THIS IS A TRANSITIONAL AREA. OF COURSE, BY DEFINITION, WE DON'T KNOW A TIMING ON TRANSITION. IS THIS A GREAT IDEA 20 YEARS FROM NOW? WHEN THERE MAY NOT BE AS MANY RESIDENTS AS MAYBE THERE MAY BE MORE BUSINESSES. I'M VERY -- COMMEND YOU ON GOOD ENTREPRENEURIALSHIP. I SAY UNFORTUNATELY, IT'S A TERM OF USE, I GUESS, IT'S EYE CREAM.
IF IT WAS SAUERKRAUT, IT WOULD MAKE IT EASY TO MAKE A DECISION TONIGHT.
I HAVE THE SAME GENERAL CONCERNS OF, OBVIOUSLY, THE TRAFFIC DOWN THE ALLEYWAY, YOU DON'T HAVE CONTROL OF THAT.
THERE ARE PEOPLE THAT DOM DOWN, THEY CAN'T FIND PARKING, THEY GO AROUND THE CORNER AND THEY ZOOM BACK UP THE ALLEY.
THAT'S SOMETHING YOU DON'T HAVE -- WE NEED TO RESPOND TO THAT AS A COUNCIL IN HOW WE CAN HELP.
NOT ONLY FOR THIS BUSINESS BUT FOR THE GYMNASIUM AND FOR THE SCHOOL AND EVERYTHING ELSE THAT'S DOWN IN THAT CORNER.
THE HEIGHT OF FENCES AND LOWERING OF LIGHTS.
WE HEARD A LOT OF COMMENTS AND BEEN HEARING COMMENTS ABOUT THE NOISE POLLUTION. YOU TALK ABOUT, THE ACCOMMODATION OF TRYING TO KEEP IT INDOORS. I DIDN'T HEAR ANYTHING TONIGHT ABOUT WHETHER OR NOT IT'S GOING TO BE ACOUSTIC ONLY OR IF IT'S SOUND SYSTEM INSPIRED, THOSE THINGS.
NOTHING IS IN THE DOCUMENT THAT SELF- RESTRICTS OR RESTRICTS OR REQUESTED RESTRICTION. ANYTHING CAN GO.
AS FAR AS THIS DOCUMENT, IT SEEMS TO ME. THAT'S REALLY THE CONCERN.
IF THERE'S NOISE -- NOISE POLLUTION AND LIGHTLIGHT AND OBVIOUSLY TRAFFIC CONCERNS THAT NEIGHBORS ARE SAYING.
TRANSITION, MIXED USE AREA, WHICH IS ZONED FOR THAT, DIDN'T SAY WHEN THAT TRANSITION CAN TAKE PLACE OR WHAT WOULD BE A PART OF THAT TRANSITION.
THAT IS THE STRUGGLE, I THINK, THAT WE ARE SEEING OF TRYING TO FIND THAT HAPPY MEDIUM. THE SPLIT THE ABY THING. IS THERE AN ANSWER THAT WOULD BE WIN/WIN FOR BOTH THE BUSINESS AND THE POTENTIAL WHAT YOU SEE IS POTENTIALLY GROWING AS A BUSINESS AND THE NEIGHBORS THAT LIVE THERE? LIKE I SAID, A NEIGHBOR CAN HAVE A GRANDCHILD GRADUATION PARTY IN THEIR BACKYARD.
MAYBE ONE, TWO TIMES A YEAR. THIS IS SIX NIGHTS A WEEK ALL THE WAY UNTIL 10:00.
SOME OF THE NEIGHBORS ARE VOICING CONCERNS ABOUT SOME OF THAT.
THAT'S WHERE THE STRUGGLE IS COMING FOR ME.
>> IF YOU DON'T MIND IF I INTERJECT, I THINK I SPEAK FOR KATHY. YOU CAN CORRECT ME IF I'M WRONG. MY SISTER WHO COULDN'T BE HERE.
IN A MATTER OF NOT KNOWING HOW THESE ALWAYS GO, I WOULD SAY THAT WE ARE OPEN TO MAKING AMENDMENTS ON THAT PNZ ON THAT DOCUMENT THAT IS BINDING TO ACCOMMODATE THE NOISE AND THE LIGHTING. WE HAVE SAID THAT WE WOULD.
LIKE I SAID, I DON'T KNOW THE PROCESS OF HOW DO WE GET THAT INTO PAPER? DOES THAT MEAN WE HAVE TO PUT THIS OFF AGAIN AND PUT IT OFF AGAIN AND GET MORE APPROVAL AND WHATNOT? I THINK WE ARE BOTH -- WE HAVE ALWAYS SAID WE WANT TO BE GOOD NEIGHBORS, BE ACCOMMODATING.
WE DIDN'T KNOW ABOUT THE LIGHT AND THE NOISE CONCERNS UNTIL ALL OF THIS STARTED COMING OUT IN THE RECENT WEEKS. WE ARE HAPPY TO ACCOMMODATE THOSE IN A BINDING MATTER SO THAT THERE'S TRUST AND THERE'S SOME FORCIBLE ACTION IF WE DON'T ADHERE TO THAT IN THE FUTURE.
>> QUESTIONS FOR THEM AND STAFF. IS IT JUST
THE APPLICANT? >> HIT THEM ALL.
>> YOU MAY HAVE ANSWERED THIS. ARE YOU PLANNING ON EXPANDING THE LIGHTS TO THE NEXT HOUSE? I DON'T MEAN STRING LIGHTS.
THE ONES -- >> THE TRIM LIGHTS, NO.
>> HOW DOES THE CURRENT DROPOFF WORK ON YOUR CURRENT DELIVERIES? ARE THEY ALLEY OR STREET?
[01:55:03]
>> I GET MY MILK DELIVERY. I ASKED THEM TO PARK IN THE FRONT AND WALK TO THE BACK. I TALKED TO FEDEX. THEY DID NOT SEEM INTERESTED TO AVOID THE ALLEY.
THEY HAVE DELIVERIES AT THE SCHOOL.
I ASKED THEM. THEY SAID, YOU PROBABLY HAVE TO CLOSE OFF THE ALLEY FOR ME NOT TO GO DOWN THE ALLEY.
WE ARE OKAY WITH PUTTING A GATE.
WE OFFERED TO DO THAT AT BOTH ENDS.
CLOSE OFF THE ALLEY. TO TRAFFIC.
>> YOU WERE TALKING ABOUT HOW THIS EXPANSION WOULD LOWER YOUR DELIVERY. I HOPE THIS IS TRUE.
HOPEFULLY, YOU ARE SUCCESSFUL AND CONTINUE TO SUCCEED.
WOULDN'T IT AT SOME POINT, THROUGH THE SUCCESS, MAKE DELIVERIES GO BACK UP? YOU WILL NEED MORE SUPPLIES? DO YOU THINK YOU OVERSUPPLY -- OR HAVE TOO MUCH EXTRA STORAGE FOR FUTURE SUPPLY?
>> I FEEL LIKE WE HAVE A LOT OF STORAGE PLANNED IN THIS.
A LOT OF THINGS THAT I WOULD LIKE TO BUY, I HAVE TO BUY BY THE PALLET TO GET A DECENT PRICE.
I CAN'T BUY BY THE PALLET RIGHT NOW. I HAVE TO BUY SMALL BOXES. DELIVERIES ONCE OR TWICE A WEEK A LOT OF TIMES. IF I COULD BUY A LARGER AMOUNT AT ONE TIME, I THINK IT COULD REDUCE THE DELIVERIES EVEN MORE. THAT WAY, I DON'T SEE US PRODUCING SO MUCH THAT -- THIS LOCATION WOULD NOT BE THE PLACE FOR THAT. WE'RE NOT PLANNING TO BE A MANUFACTURING FACILITY. THE TERMINOLOGY MANUFACTURING WAS BECAUSE OF THAT GRANT THAT WE WERE APPLYING FOR. IF THE GRANT -- IF WE DON'T MAKE IT, WE DON'T GET THE MONEY, THAT'S OKAY.
WE JUST WERE TRYING TO SEE WHAT WE WOULD QUALIFY FOR.
THAT MONEY WOULD NOT COME UNLESS WE ACTUALLY WERE DISTRIBUTING OUTSIDE OF MIDLOTHIAN.
WE WERE THINKING WOULD BE PINTS, SOMETHING SMALL.
>> I THINK THE REST OF MY QUESTIONS IS FOR STAFF. I APPRECIATE Y'ALL.
THIS IS -- ARE WE OPENING UP THE ORIGINAL PD THROUGH THE AMENDMENT?
>> NO, SIR. WE ARE AMENDING THE OTHER ONE.
IF THIS AMENDMENT WERE TO BE DENIED, PD 114 WOULD RESIDE AND BE IN EFFECT ON THE ORIGINAL LOCATION.
>> THE ONLY REASON I ASK IS -- I MAY HAVE MADE A MISTAKE.
I THOUGHT IT REMOVED SOMETHING FROM THE PRIOR PD.
IT WASN'T IN THE PACKET. I DON'T KNOW WHAT IT REMOVED. IT QUOTES ORDINANCE 2021- 39 AS AMENDED. IT SAYS EXHIBIT A1 IS TO BE
DELETED. >> THERE WAS A SURVEY OF THE PROPERTY DESCRIPTION. BECAUSE THE PROPERTY -- THE NEW ZONING DISTRICT WOULD ACTUALLY ENCOMPASS THE ENTIRE LOT. MANY, MANY YEARS AGO THE PROPERTY -- THIS ONE LOT WAS ACTUALLY SPLIT INTO TWO, PRIOR TO THE SUBDIVISION DAYS.
THE PURCHASE IN THIS CASE OF -- PUTTING INTO SINGLE ZONING ORDINANCE, I MADE IT MORE EFFICIENT AND DID THE LEGAL DESCRIPTION AS A SINGLE LOT BASED ON THE PLATT.
>> WHAT IS THE PARKING REQUIREMENT -- ARE WE CALLING THIS RETAIL?
>> RESTAURANT. IT'S ONE -- I BELIEVE IT'S ONE PARKING SPACE PER 200 SQUARE FEET OF SEATING AREA.
I DID THE MATH EARLIER. THE HOUSE IS 1,400 SQUARE FEET.
EVERYTHING WITH SEATING AREA WOULD REQUIRE SEVEN PARKING SPOTS, WHICH IS WHAT THEY ARE REQUESTING IN THE RIGHT-OF- WAY
ENCROACHMENT. >> IF IT WAS PROFESSIONAL OFFICE, I THINK IT'S ONE TO EVERY 200?
>> THAT WOULD BE LESS PARKING.
>> ON THE MUSIC, TO MY KNOWLEDGE, THERE'S NOT A NOISE ORDINANCE OTHER THAN I THINK NO -- YOU COULD CALL IN AFTER 10:00 P.M. , I THINK, OR MIDNIGHT.
>> I THINK THE STATE SUPERSEDES. I BELIEVE I WANT TO SAY -- CARL CAN CORRECT ME. IT'S 85 DECIBELS AT THE PROPERTY LINE.
>> TWO THINGS WE HAVE GONE OVER THE LAST TWO YEARS. ONE WAS NOISE AND NITZ, HOW THEY MEASURE LIGHT POLLUTION. KEVIN CAN CORRECT ME IF I'M
[02:00:04]
WRONG. I THOUGHT THE ATTORNEY WAS TELLING US WE COULD NOT REGULATE THE AMOUNT OF NITZ BEINGPRODUCED. >> I THINK YOU CAN REGULATE THE AMOUNT OF NITZ UNTIL IT GETS TO THE PROPERTY LINE. I THINK IT'S PROBABLY THE SAME AS DECIBELS. THERE IS LEGISLATION OUT THERE THAT WAS, I BELIEVE, PASSED. I DON'T KNOW IF MR. HARRISON IS BACK THERE. HE MIGHT BE ABLE TO ANSWER IT. THERE'S AN ENTERTAINMENT AND/OR RESTAURANT THRESHOLD THAT -- CAN YOU HELP ME OUT?
>> IT WAS BASICALLY DISALLOWING CITIES FROM REGULATING RESTAURANTS LIKE UNION 28.
OBVIOUSLY, THAT IS NOT IN FEKT TODAY. WE HAVE TO SEE IF IT PASSED.
IT WOULD PROBABLY GO INTO AFFECT SEPTEMBER 1. I THINK THE 85 DECIBELS IS THE ONLY NOISE THRESHOLD PER STATE LAW.
>> AS FAR AS WE HAVE TESTED AND EVERYTHING, EVEN UNION 28 DOES NOT MEET THAT THRESHOLD.
>> TO THAT POINT, WE CAN -- AS OF TODAY, WE CAN REGULATE DECIBELS AND NITZ ON THIS PROPERTY, IF YOU WANTED TO? I'M NOT SAYING WE ARE.
THAT'S WHERE WE WOULD VALUE THAT.
>> IS THE EXISTING PD WITH THE 100 SQUARE FOOT OR 130, WHATEVER IT IS, ICE CREAM WINDOW, THAT WOULD STILL BE ALLOWED? THEY ARE NOT GIVING UP THAT USE.
THE CURRENT MIDLO SCOOPS WOULD BE ALLOWED TO BE WALK-UP ICE CREAM WINDOW.
THEORETICALLY, THEY COULD HAVE IT IN THE NEW BUILDING AND THEN HAVE SOMETHING ELSE IN THAT WALK- UP WINDOW? IS IT LIMITED TO JUST ICE CREAM?
BEVERAGE. >> WITH THE ZONING ORDINANCE, IT WOULD CHANGE THE CURRENT ONE INTO A BEVERAGE AREA. PRE-PACKAGED FOOD AS WELL.
>> I THINK THAT'S MOST OF MY QUESTIONS. ONLY THING I WAS GOING TO ASK STAFF, AND ONLY PEOPLE I REMEMBER BEING HERE, I REMEMBER WHEN IT CAME THROUGH THE FIRST TIME. I DON'T REMEMBER THE OUTDOOR SEATING PART. I REMEMBER A WALK-UP WINDOW.
>> I WAS TRYING TO REMEMBER WHEN THAT GOT DONE.
>> TWO CASES ON IT. WHEN IT ACQUIRED THE BUILDING, THEY GOT THAT AMENDED.
>> THE ORIGINAL WAS IN 2018. THE AMENDMENT WAS IN 2021.
>> I DO HAVE ONE MORE QUESTION FOR STAFF.
THIS IS GOING BACK TO COMMERCIAL OVER RESIDENTIAL.
MY NEIGHBOR HAS A POOL. IT HAS POOL LIGHTS. HE S MUSIC.
GREAT NEIGHBOR. I'M NOT COMPLAINING.
MY QUESTION IS, WHAT IS THE DIFFERENCE BETWEEN HIM PLAYING HIS MUSIC LOUD AND HIS POOL LIGHTS FLASHING ININ BACK WINDOW AND THIS, AS FAR AS REGULATION GOES? CAN A RESIDENT -- MY NEIGHBORHOOD IS DIFFERENT BECAUSE IT PROBABLY HAS COVENANTS THROUGH THE HOA.
IF I WAS IN A TRUE RESIDENTIAL AREA LIKE OLD TOWN, IS THERE ANY REGULATION OTHER THAN THE CUTOFF TIME WE TALKED ABOUT EARLIER?
>> IT'S VERY DIFFICULT TO REGULATE LIGHTING AND THINGS LIKE THAT IN A TRUE RESIDENTIAL AREA. WHEN YOU GET INTO COMMERCIAL, THAT'S WHEN WE HAVE MORE PERFORMANCE STANDARDS FOR LIGHTING.
NOT NECESSARILY MUSIC, BUT LIGHTING. IN A AL AREA, IT'S DIFFICULT TO REGULATE.
SOME OF THE COUNCIL ASKED ME ABOUT PERMANENT CHRISTMAS LIGHTS. I DON'T THINK -- I KNOW IN OUR ZONING ORDINANCE, THERE'S NOTHING THAT CAN REGULATE THAT. KEVIN, YOU MIGHT ELABORATE ON SOME OF THE OTHERS THAT --
>> I WILL SAY, THERE'S BEEN A COUPLE TIMES OVER THE COURSE OF MY CAREER WHERE I HAVE HAD A NEIGHBOR VERSUS NEIGHBOR ON LIGHTING ISSUES.
IT'S VERY DIFFICULT TO DEFINE HOW MUCH LIGHT IS TOO MUCH LIGHT. I HAD A CASE MANY YEARS AGO WHERE I HAD SOMEBODY ACTUALLY PUT UP VIRTUALLY 20 FOOT BASEBALL-TYPE LIGHTS IN THEIR BACKYARD.
NEEDLESS TO SAY, THE NEIGHBORS WERE NOT HAPPY.
IT'S DIFFICULT TO DO THAT. I AGREE WITH CLYDE.
IF YOU WERE TALKING ABOUT COMMERCIAL TO RESIDENTIAL, IT'S A LITTLE EASIER TO REGULATE.
YOU CAN ALMOST DO THAT HERE. YOU COULD DO IT IN THE PD, I WOULD SAY THERE'S A WAY TO PROBABLY TIGHTEN UP THE LANGUAGE ON THE LIGHTING HERE.
WE HAVE NOT -- IT'S NOT BEEN PROPOSED AT THIS POINT. WE DIDN'T RECEIVE ANYTHING TO
[02:05:02]
AMEND OVER THE LAST COUPLE OF WEEKS TO ADDRESS THAT ISSUE. THE NOISE, AGAIN, SOME CITIES ARE DECIBEL READINGS AT THE PROPERTY LINE VERSUS JUST WHAT A REASONABLE PERSON THINKS IS AN ANNOYANCE. IT SPANS THE SPECTRUM OF REGULATION TO SOME CITIES. SOME DON'T REGULATE AT ALL. THAT'S KIND OF THE READER'S DIGEST VERSION.>> I DIDN'T THINK SO. I FORGOT TO FLIP MY PAGE. ONE MORE QUESTION FOR THE APPLICANT. THIS IS MY LAST QUESTION.
I SEE THE EXISTING SIDEWALK CONNECTING INTO THE BACK OF THE NEW HOME OR BUSINESS AND THE FRONT ONE. IS IT PRIMARILY GOING TO BE THE FRONT DOOR IS THE FRONT OF THE HOUSE AND THAT'S JUST A BACKUP TO USE THE EXTRA PARKING THAT PEOPLE CAN WALK IN THE BACK DOOR?
>> WHEELCHAIR ACCESS TO THE BACK.
>> OKAY. BASICALLY TWO FRONT DOORS?
>> MAIN ENTRANCE ON THE FRONT.
>> I JUST HAD A COUPLE QUESTIONS FOR THE APPLICANT. I DO FEEL FOR YOU GUYS.
YOU ARE IN A TOUGH POSITION. YOU ARE THE FIRST ONE.
IT'S A TOUGH HURDLE TO GET OVER. WHEN YOU GO FROM FIRST TO FIFTH, ESPECIALLY, YOU WOULD BE THE FIRST INSET RESTAURANT- BASED BUSINESS WITHIN THAT OLD TOWN REGION. THAT CAUSES SOME ISSUES OF CONCERN FOR OLD TOWN RESIDENTS. MY COMMENTS WOULD ECHO QUITE A BIT WHAT ROSS MENTIONED, WHICH IS TAKING MOST OF MY COMMENTS OUT. HE COVERED IT GRACEFULLY. I JUST KNOW WHEN I LOOK AT THE FIRST, I LOOK AT OUR COMP PLAN AND THE BASIS UPON WHICH WE PLACED THE INTEGRATION OF BUSINESS WITH RESIDENTIAL LIVING. WE HAVE GOT A DEFINITION IN THERE FOR LAND USE GOALS AND STRATEGIES AND ACTIONS , TO ENSURE ADVERSE IMPACTS FROM ADJACENT USES AND PROPERTIES ARE INTERNALIZED AND DO NOT IMPACT NEARBY RESIDENTIAL AREAS. THERE'S NO WIGGLE ROOM.
YOU DO NOT -- AND IT'S INTERNALIZED.
I DON'T KNOW HOW THIS WOULD WORK OUT IN AN APPROACHABLE MANNER. I'M SURE THERE'S A WAY.
I WONDER IN TIME IF YOU COULD POSSIBLY GET TO WHERE YOU WANT TO GET. IF MAYBE IN THE BEGINNING STAGES, IF IT WERE TO WORK OUT, IT WOULD HAVE TO BE ALL INTERIOR. NO PATIO USAGE WHATSOEVER.
GET ON DOWN THE ROAD A LITTLE BIT AND MAYBE SOME OTHER PROPERTIES IN THAT AREA CHANGE.
THAT'S KIND OF WHERE I'M AT TODAY.
YOU HAVE BEEN VERY SUCCESSFUL. I'M VERY PROUD OF YOU AND PROUD FOR YOU. YOU HAVE A WONDERFUL PRODUCT. MY WIFE LIKES YOUR ICE CREAM.
I LIKE YOUR ICE CREAM, TOO. I DON'T HAVE A PROBLEM WITH IT.
I JUST -- I'M LOOKING AT YOU GUYS ARE IN A TOUGH POSITION. YOU HAVE SOME BIG HURDLES YOU HAVE TO TRY TO GET OVER. I KNOW BECAUSE JONATHAN AND I HAVE SPOKEN ON THE PHONE QUITE A BIT. HE HAS BEEN REALLY GREAT GUY.
THAT SOUNDS GOOD TO YOU. YOU ARE HIS
WIFE. >> YOU HAVE TALKED TO HIM MORE THAN I HAVE OVER THE PAST TWO
WEEKS. >> HE TOLD ME TO SAY THAT.
YOU GUYS HAVE GOT A TOUGH -- SOME TOUGH HURDLES TO GET OVER. TRAFFIC CONCERNS ME.
I WILL TELL THE FOLKS THAT ARE HERE TONIGHT, JONATHAN DID EVERYTHING POSSIBLE TO ADDRESS TRAFFIC. WE TALKED ABOUT VALET. HE WOULD TALKED ABOUT GETTING FOLKS DIRECTED TO ADDITIONAL PARKING. I KNOW YOU GUYS HAVE WORKED HARD ON THIS.
THANK YOU FOR BEING AS HARD ON IT AS YOU HAVE BEEN.
>> TO PIGGYBACK OFF OF THAT, BECAUSE I'VE TALKED TO A LOT OF FOLKS, AS MIKE LIKES TO SAY, ON THE STREET.
THERE'S BEEN IDEAS HOW TO ADDRESS CERTAIN ISSUES.
YOU WERE TALKING ABOUT THE PROCESS.
THIS PROCESS, KIND OF BEING TEDIOUS AS FAR AS UNDERSTANDING WHEN AND HOW TO PRESENT SOME OF THE INFORMATION. JUST IN LAYMAN'S TERMS IN MY EXPERIENCE, WHICH HAS BEEN BRIEF, THE LAST COUPLE OF YEARS, TYPICALLY WHEN A DEVELOPMENT COMES IN, OBVIOUSLY, Y'ALL IS SMALLER SCALE, BUT EVEN SOME OF THE LARGER SCALES SUCH AS ONE THAT WAS MENTIONED EARLIER IN COMMENTS, THE WEBER DEVELOPMENT, THEY COME IN. A LOT MORE GOING ON THAN WHAT WE ARE TALKING ABOUT TONIGHT.
THEY COME IN AND A LOT OF FOLKS, RESIDENTS COME OUT AND
[02:10:02]
SAY, I'M CONCERNED ABOUT THIS, I'M CONCERNED ABOUT THIS. I DON'T LIKE HOW THIS IS GOING TO AFFECT MY PROPERTY NEAR THERE. WHAT THOSE DEVELOPERS TYPICALLY DO, WHETHER ON THE SPOT OR THROUGHOUT MEETINGS WITH STAFF, IS THEY WILL FIND WAYS IN WHICH TO MITIGATE SOME OF THE CHALLENGES.THEY WILL -- I CALL THEM CONCESSIONS.
THEY SAY, I WAS GOING TO PUT UP WHATEVER, A SIX- FOOT FENCE HERE. YOU KNOW WHAT? THAT RESIDENT DOESN'T WANT TO SEE MY BIG LOWE'S, FOR EXAMPLE. WE WILL PUT UP -- WE WILL INCREASE THE SIZE OF THIS.
PLANT TREES HERE. WE WILL DO THIS OR THAT.
THE REASON I'M BRINGING THAT UP, AND JUST TO KIND OF LEAD INTO THIS QUESTION, BECAUSE I'M CURIOUS BASED ON WHAT MIKE JUST MENTIONED, WHAT CONCESSIONS ARE YOU GUYS WILLING TO LOOK AT IN THE EVENT THAT THERE WAS A DIRECTION HERE TO PROCEED WITH YOUR PROJECT? THERE'S A LOT OF EMPATHY -- I WILL SPEAK FOR MYSELF, NOBODY ELSE.
WHEN THESE FOLKS ARE TALKING ABOUT THESE CONCERNS, THESE ARE REAL ISSUES THAT THEY ARE DEALING WITH AND THAT THEY ARE SEEING FORECASTED IN THE FUTURE BASED ON THEIR PERSONAL EXPERIENCE, WHETHER YOU GUYS AGREE OR DISAGREE OR ANYTHING ESPECIALLY DOES, THAT'S WHERE THEY LIVE. I THINK TO SOME OF THE COMMENTS MENTIONED, I THINK WITHOUT HAVING SOME CONCESSIONS HERE TO SAY, HEY, HERE IS HOW WE'RE GOING TO DEAL WITH PARKING, HERE IS HOW WE'RE GOING TO DEAL WITH LIGHTING, HERE IS HOW WE'RE GOING -- YOU DID MENTION SOUND, NOT HAVING THAT OUTDOORS. THAT WAS OBVIOUSLY HELPFUL TO THAT PIECE OF IT. MY BIGGEST CONCERN WITH THE PROJECT, ALTHOUGH I HAVE EMPATHY FOR ALL THE THINGS THAT WERE SHARED, THE PARKING DOES SEEM LIKE A VERY REAL CHALLENGE THERE AS WELL AS THE ALLEY USAGE, WHICH I KNOW WE COULD POTENTIALLY GET INVOLVED WITH.
I GUESS MY QUESTION IS TWOFOLD. ONE, IF ANY, ARE THERE ANY CONCESSIONS YOU ARE WILLING TO SAY, WE CAN NIX THIS OR DO THIS? SECONDLY, ON THE PARKING, HAVE YOU EXPLORED -- WHAT HAVE YOU EXPLORED BUT SPECIFICALLY HAVE Y'ALL LOOKED AT A JOINT PARKING AGREEMENT WITH THE SCHOOL DISTRICT AS A PIECE OF THAT AS WELL?
>> I THINK -- WE ARE OPEN TO MAKING LOTS OF CONCESSIONS.
LIGHTING, MUSIC. I'M NOT SURE WHAT ALL WE CAN DO WITH THE PARKING.
WE DEFINITELY TALKED ABOUT USING THE SCHOOL PARKING LOT DOWN THERE.
I THINK -- IF I MISSPEAK, LET ME KNOW.
WE HAVE PERMISSION TO USE THE PARKING ON THE OTHER SIDE OF THE ALLEY ON A REGULAR BASIS. WE HAVE OFFERED TO PUT UP FENCES, HIGHER FENCES FOR US OR FENCES FOR OUR NEIGHBORS.
>> TALKED ABOUT PUTTING UP DIRECTIONAL SIGNS, OVERFLOW PARKING AGENT THE SCHOOL.
>> DIRECTIONAL SIGNS, WE ARE TRYING TO GUIDE ANY OVERFLOW WHEN IT'S NECESSARY, ANY EXTRA PARKING AWAY FROM THE RESIDENTS, AWAY FROM THE NEIGHBORHOOD INTO MAYBE EVEN PARKING AT THE MILE, IF THAT WERE OPEN, SINCE IT'S ON THE OTHER SIDE OF THE SCHOOL. WE ARE OPEN TO WORKING WITH ALLALL OF WITH THE RESIDENTS.
TAKING YOUR SUGGESTIONS, LIKE I SAID, WITH PNZ.
I DON'T KNOW IF WE NEED TO MODIFY THAT BEFORE WE CAN GET APPROVAL OR WHAT. WE ARE OPEN TO TAKING RECOMMENDATIONS FROM YOU GUYS TO MAKE THIS THE MOST COHESIVE PROPERTY THAT CAN GO IN LINE WITH THIS MASTER PLAN AS WELL AS ACCOMMODATE THE RESIDENTS NEARBY.
>> OKAY. ARE YOU TRYING TO SAY SOMETHING?
>> I DON'T KNOW HOW MANY OF YOU HAVE DONE FAMILY WITH BUSINESS. THERE WERE CHUCKLES WHEN MY WIFE STATED SHE DOESN'T OWN THAT BUILDING.
ME AND MY BROTHER-IN- LAWS DO. THE ONLY REASON WE ARE SUCCESSFUL RUNNING THE BUSINESS AS A FAMILY IS WE HAVE VERY CLEAR LLCS SET UP WITH CLEAR DELINEATIONS. SHE'S MY WIFE.
THE PART THAT CHUCKLES COME AT IF YOU TRY TO RAISE YOUR WIFE'S RENT.
IT'S A REAL THING. IT HAPPENS.
THEY ARE VERY MUCH TWO SEPARATE
[02:15:02]
ENTITIES, EVEN THOUGH SHE'S MY WIFE.AS FAR AS MODIFICATIONS AT 101, IF WE NEED TO POSTPONE THIS AND HAVE DEEPER CONVERSATIONS, I'M FINE WITH THAT. ONE OF THE THINGS THAT I CAN DO AT 101 IS I'M FINE WITH GIVING UP THE RETAIL IN THE BACK. MAKING THE 101, 100% PROFESSIONAL OFFICE. IN WHICH CASE, WE WOULD BE MOVING THE SCOOPS TRAFFIC ONE DOOR SOUTH AND NO ADDITIONAL RETAIL TRAFFIC.
IF THAT'S SOMETHING THAT WOULD HELP, IN ADDITION IF YOU ASKED MY WIFE AND HER SISTERS, THEY WOULD BE FINE WITH SAYING, NO POWERED MUSIC SYSTEMS ON THE BACK PORCH.
NO LIGHTING IN THE BACKYARD THAT'S TALLER THAN THE FENCE.
FENCE ON THE ALLEY SIDE AND SOUTH SIDE TO DIVIDE FROM THE NEIGHBOR.
NO LIGHTING THAT'S TALLER THAN THAT FENCE.
IF THERE'S ANY OTHER THINGS YOU WOULD LIKE TO ADD TO IT TO MAKE IT A TRUE COMPROMISE, THIS IS ABOUT TWO OF 17 ITEMS THAT WE LAID OUT BEFORE, INCLUDING LIKE SHE TALKED ABOUT, SIGNS. IF WE CAN REACH A DEAL WITH THE SCHOOL DISTRICT, SIGNS TO DIRECT PEOPLE TO THE PARKING.
POSSIBLY EVEN US GOING OUT AND BUYING A SIX OR EIGHT- PERSON GOLF CART TO SHUTTLE PEOPLE FROM THE PARKING AT THE MILE. IF THERE'S ANY IDEAS LIKE THAT YOU WOULD LIKE TOO PRESENT, ALL OF THESE THINGS HAVE BEEN PRESENTED TO THE NEIGHBORS THAT ARE WITHIN THAT 200 FEET.
THE THING WE WERE ASKING FOR AND SINCE MIKE OUTED HIMSELF, HE CAN VOUCH FOR THIS, WE HAD TWO FULL PAGES OF RESTRICTIONS. ONLY THING WE WANTED WAS TO NOT HAVE TO HAVE A SUPER MAJORITY TONIGHT.
WE WEREN'T ASKING THEM TO GET FULLY BEHIND IT.
JUST REDUCE IT TO WHERE WE NEED FOUR INSTEAD OF SIX. WE THOUGHT THAT WAS A FAIR COMPROMISE. THEY DIDN'T.
THAT'S WHY WE DIDN'T GO THROUGH WITH TRYING TO PUT ALL THOSE RESTRICTIONS ON BEFORE, BECAUSE WE DELAYED AND DIDN'T WANT TO PERPETUATE THAT.
>> CAN I ASK A QUESTION OFF THAT? I DON'T WANT TO DUT ANYBODY OFF.
YOU BROUGHT UP WHAT I WAS ABOUT TO ASK.
WHY NOT JUST EXPAND THE USE IN THE CURRENT BUILDING AND TAKE THE NEW BUILDING TO PROFESSIONAL OFFICE?
>> 100%. THAT CAME UP SEVERAL TIMES.
THE EXISTING BUILDING, WHEN IT WAS BUILT IN 1890, WAS WHAT WE FOUND, EVEN THOUGH TAX REPORT SAY 1910, IT DIDN'T HAVE A SECOND STORY. IT'S A BEAM HOUSE THAT HAS A SECOND STORY. WHEN WE DID THAT, WE HAD TO HAVE AN ENGINEER SPECIFICALLY LAY OUT ALL OF THE INTERIOR WALLS AND ALL OF THE FOUNDATION UNDER IT. THE COST TO GO BACK AND NOW REMOVE THOSE SPECIFICALLY ENGINEERED WALLS MAKES IT COST PROHIBITIVE TO OPEN THAT SPACE UP AND MAKE IT A DINING AND PRODUCTION AREA. IN ADDITION TO THAT, IN ORDER TO MAKE THAT HAPPEN, THEY WOULD HAVE TO CLOSE THEIR BUSINESS DOWN FOR SIX MONTHS WHILE WE DID RENOVATIONS. HAVING SIX MONTHS OF ZERO INCOME FOR A SMALL BUSINESS IS A DEATH SENTENCE. EVEN IF WE FOUND AN ENGINEER AND A GUY THAT COULD DO IT SUPER ON THE CHEAP, BEING CLOSED FOR LONG ENOUGH TO DO THE NOVATION -- YOU CAN'T HAVE SHEETROCK IN THE AIR WHEN YOU MAKE AND SERVING FOOD.
>> I JUST WANT TO MENTION -- I'M SAYING THIS IN FAIRNESS TO THE PROPERTY OWNERS THAT BUT YOUR PROPERTY.
THEY CAN'T SPEAK AGAIN NOW. THE FOLKS IN THE GALLERY, THE AGREEMENT -- WE ARE GETTING INTO CONVERSATIONS THAT TOOK PLACE.
>> THE CONCESSION THEY MADE WAS SO THE FOLKS KNOW THAT THEY DIDN'T HAVE A PROBLEM WITH EXPANDING THE BLUE BUILDING THAT YOU ARE IN NOW FOR SIT DOWN. YOU COULD HAVE PROFESSIONAL OFFICE IN 105.
>> THEY WEREN'T WILLING TO EXPAND INTO THE 105 THE NEW BUILDING AS ICE CREAM.
>> CORRECT. THAT'S WHAT THEY HAD SAID IS THEY WOULD LET US DO WHAT CLARK DESCRIBED. IT'S NOT FEASIBLE.
>> I WANT FOLKS TO KNOW, THESE FOLKS JUST DIDN'T SIT ON THEIR HANDS AND SAY, WE'RE NOT GOING TO ENTERTAIN ANYTHING. DID Y'ALL.
I'M NOT STATEMENTING STATING ONE SIDE DID MORE THAN THE OTHER. WHAT CLARK MENTIONED WAS WHAT THE FOLKS SAID, WE CAN LIVE WITH THIS JUST FINE.
COUNCIL, Y'ALL CAN TELL ME I'M WRONG.
WHAT I'M FEELING IS I'M NOT INTERESTED IN FIGURING OUT ACCOMMODATIONS FROM THE DIAS.
THIS HAS BEEN GOING ON FOR MONTHS NOW. IT HAPPENED WELL BEFORE PNZ MEETING. IT'S BEEN DELAYED A MEETING.
I WAS HOPING EVEN WITH THE DELAY THAT EVERYBODY WAS GOING TO BE ABLE TO FIGURE THIS OUT ON THEIR OWN. I DON'T WANT TO GO INTO A PROJECT THAT NOW CHANGES ARE BEING MADE DESPITE THE FACT THAT Y'ALL HAVE KNOWN ABOUT YOUR NEIGHBORS BEING DISGRUNTLED FOR -- BEFORE PNZ. I DON'T WANT CHANGES TO BE MADE NOW BECAUSE MOM AND DAD CAME IN AND PUT IT DOWN IN PAPER. I'M LOOKING FOR THAT HARMONY THAT WE HAVE BEEN TALKING ABOUT AND THE WILLINGNESS TO WORK TOGETHER BEFORE WE GOT TO THIS POINT.
[02:20:01]
>> LIKE KATHY SAID, ANY TIME -- MIKE HAD THE MEETINGS.
MIKE HAS TALKED TO ME. MIKE TALKED TO THE OWNERS.
MIKE TALKED TO ME. ANY TIME THAT WE TRIED TO GET IN THE ROOM WITH THE OWNERS, THEY WOULD NOT ALLOW IT. IT'S NOT FOR A LACK OF TRYING TO HAVE IT RESOLVED BEFORE THIS. MIKE WAS HAVING MIDDLEMAN FOR EVERYTHING.
>> ZONING IS AN INTERESTING ANIMAL.
IT'S COMPLEX. THERE'S A LOT OF GRAY AREA.
THERE'S VERY RARELY BLACK OR WHITE.
THERE'S A LOT OF OPINIONS AND DIFFERING OPINIONS.
BOTH MIGHT BE RIGHT. I PERSONALLY HAVE PHILOSOPHICAL ISSUES WHENWHEN TAKE HIGH TRAFFIC, HIGH USE USES ANDAND THEM ON INTERIOR STREETS VERSUS MAJOR THOROUGHFARES. YOU HAVE THE BENEFIT OF ABUTTING MAIN STREET. MOVE IT INTERIOR, STREETS WEREN'T DESIGNED FOR TRAFFIC FLOW, STREETS THAT DON'T HAVE ADEQUATE PARKING, IT CREATES ISSUES. I HAVE A PHILOSOPHICAL ISSUE WITH THAT SITE SPECIFIC LOCATION DUE TO TRAFFIC CONCERNS. ALSO, ROSS BROUGHT UP A GREAT POINT, I THINK. THAT'S VIRTUALLY YOU ARE DOUBLING THE IMPACT. ADDING A SWEET TEA SHOT PLUS ICE CREAM SHOP. POTENTIALLY DOUBLING COMPLAINTS WE HEAR ABOUT THE TRAFFIC FLOWS, PARKING ISSUES, NOISE, ET CETERA.
GREAT POINTS HAVE BEEN MADE. WE DETERMINE USE, NOT USER.
I THINK ALL OF US ARE PRO SMALL BUSINESS. WE ARE ALL PRO ICE CREAM.
YOU CAN TELL THAT BY LOOKING AT US.
EXCEPT ANNA. BUT THE REALITY IS, WHEN WE DETERMINE A USE, THAT RESTAURANT USE TRANSITIONS TO THE NEXT OWNERSHIP.
THAT USE COULD CHANGE AND SHIFT AND ADAPT AND EVOLVE OVER TIME. EVEN BE A GREATER IMPACT ON THE SURROUNDING NEIGHBORS.
I STRUGGLE WITH THIS CASE. I REALLY LIKE MIDLO SCOOPS. I LIKE IT WHERE IT'S AT.
I WISH THAT WE WERE ABLE TO FIND A SOLUTION TO EXPAND THE FOOTPRINT WITHIN THE CURRENT FACILITY AND USE THE INTERIOR STREETS FOR PROFESSIONAL OFFICES. THAT'S MY FEEDBACK. LET'S MAKE SOME FINAL COMMENTS AND TAKE THIS TO A VOTE.
>> MAYOR, I RESPECT WHERE YOU ARE COMING FROM ON THAT.
THE CHALLENGE WITH THIS PARTICULAR INTERIOR STREET WHEN WE LOOK AT THATTHAT IT ALSO SERVES THE OLD GYM AND THE ELEMENTARY. AS SOMEBODY WHO WENT TO ELEMENTARY FOR FOURTH AND FIFTH GRADE AND RAISED TWO KIDS WHO WENT THERE, THERE'S NO TRAFFIC ON THAT ROAD LIKE THERE WAS AT ELEMENTARY SCHOOL DROP-OFF AND PICKUP ON THAT ROAD.
IT WAS A ZOO DURING THOSE TIMES. YOU FOLKS THAT LIVE IN THE AREA KNOW WHAT I'M TALKING ABOUT. YOU COULDN'T GET TO YOUR HOUSE. JUST DON'T PLAN ANYTHING THAT TIME OF DAY. THAT WAS AN EXCESSIVE USE OF THAT ROADWAY THAT EVOLVED OVER TIME.
THIS IS AN EVOLUTIONARY THING. THIS WAS ORIGINALLY ZONED IN 2018 FOR ONE SPECIFIC PURPOSE. THAT WAS OFFICE WITH AN ICE CREAM WINDOW IN THE BACK.
IT WAS 2021, WE ARE COMING OUT OF COVID AND EVERYBODY IS EXCITED ABOUT GETTING TOGETHER. LET'S PUT PICNIC TABLES AND MAKE IT A SPOT TO COME BACK TOGETHER. IT MAKES SENSE. IT WAS A GREAT IDEA AT THE TIME. THE PROBLEM IS, YOU WERE TOO GOOD AT IT. THAT IS THE PROBLEM.
THAT'S REALLY WHERE IT BREAKS DOWN FOR ME.
BASED ON WHAT WE ARE BEING ASKED TO VOTE TONIGHT ON, IT DOESN'T ENCAPSULATE WHAT I WANTED TO SEE, WHICH IS NOT MOVING A PROBLEM OR DOUBLING A CONCERN BUT EVOLVING A SOLUTION.
FOR ME, I DON'T CARE WHICH ONE OF THE BUILDINGS IT'S IN.
I DON'T WANT IT TO BE IN ONE OR THE OTHER.
I WANT IT TO BE COURTEOUS TO THE NEIGHBORS WITH ACCOMMODATION WITH NOISE AND LIGHT. IF IT'S GOING TO BE INSIDE MAINLY AND A LITTLE OUTSIDE, GREAT.
IT NEEDS TO BE IN MY OPINION ONE OR THE OTHER.
I THINK WE WOULD BE NEGLIGENT AS A COUNCIL TO SAY, HEY, WE HAVE HEARD THE CONCERNS AND WE THINK THAT DOUBLING THE RETAIL OUTPUT OF THAT SECTOR IS THE RIGHT SOLUTION.
IT CAN CONTINUE TO OPERATE LIKE IT OPERATES TODAY.
NO MATTER WHAT WE DO TONIGHT. YOU HAVE THE VESTED RIGHT TO KEEP DOING IT.
THIS IS NOT ANYTHING AGAINST THE USER AS THE MAYOR ELOQUENTLY SAID OR AGAINST YOUR INDIVIDUAL ENTERPRISE. I THINK IS A JEWEL IN THE CROWN OF SMALL TOWN MIDLOTHIAN. IT'S A SMALL TOWN SUCCESS STORY. WE NEED MORE OF THOSE.
AS WE LOOK IN EVOLVING THIS TO ITS NEXT ITERATION, WE NEED TO MAKE IT MORE INTERWOVEN WITH THE COMMUNITY. IT SHOULD HAPPEN WITH THE
[02:25:01]
COMMUNITY, NOT TO THE COMMUNITY. I THINK THAT'S REALLY WHAT I WANTED TO SEE IN WHAT THE REQUEST WAS.THIS IS SAYING, LET'S TAKE WHAT WE HAVE GOT AND ESSENTIALLY, LET'S ADD ANOTHER PROPERTY AND KEEP ROCKING AND ROLLING. THAT'S JUST -- THAT'S NOT SOMETHING I CAN SUPPORT THE WAY IT'S BEING PRESENTED THIS
>> I WOULD MENTION, IT MIGHT BE HARD FOR SOME FOLKS TO UNDERSTAND, WHAT'S THE PROBLEM WITH OLD TOWNERS? I THINK WHEN YOU FOCUS ON HOW MUCH PROPERTY THAT IS, IT BECOMES MORE OF A REALITY. MIDLOTHIAN, WHICH IS A LITTLE OVER 41,000 ACRES, AND I KIND OF MAPPED IT OUT ON ZOOM, JUST ON THE WEST SIDE OF THE RAILROAD TRACKS, RUNNING UP THROUGH EIGHTH STREET TO 67 AND BACK OVER AND AROUND, THAT OLD TOWN IS 234 ACRES. OUT OF 41,000.
I GET THESE EMAILS FROM PEOPLE WHO GET AGGRAVATED WITH THIS, BECAUSE THEY THINK WE ARE RUINING THE TOWN. THEY CLAIM, WHAT ARE YOU GOING TO DO TO PRESERVE WHAT WE NEED? I LOOKED AT ALL THESE COLORS THAT YOU SEE ON THIS CHART. I FIGURED THAT UP TO THIS EVENING. THAT'S WHAT I WAS DOING SOME THIS EVENING. I KNOW SOME FOLKS ARE HERE TONIGHT THAT ARE SURPRISED THAT SEE THEIR PROPERTY THAT'S SITTING IN A COLOR THEY DIDN'T KNOW WAS SITTING THERE. THERE'S PROBABLY A BUNCH OF PEOPLE. WHEN WE HAD THE COMP PLAN MEETINGS, AND THEY ARE PUBLIC, THIS IS WHAT'S GOING ON WHEN YOU ARE NOT THERE.
WHEN YOU SUBTRACT ALL THAT RED AND ORANGE THAT EVERYBODY THINKS IS A GREAT IDEA, THAT LEAVES ABOUT 139 ACRES.
THAT'S WHAT EVERYBODY IS AGGRAVATED ABOUT.
I FEEL BAD FOR THE SCOOPS. I THINK THEY'RE GOOD PEOPLE.
I THINK THEY ARE WANTING TO DO A GOOD THING.
THEY ARE DOING A GOOD THING. I DON'T KNOW HOW WE -- I DON'T FLOW HOW TO RESOLVE THIS. I THINK THAT AT LEAST THEY ARE BLESSED TO HAVE THE BLUE BUILDING THAT THEY OPERATE OUT OF NOW.
I DON'T KNOW WHAT THE FINAL ANSWER IS.
I DO BELIEVE THAT WE AS A CITY HAVE LET THE OLD TOWN -- I KNOW WE HAVE LET THE OLD TOWN DOWN A LITTLE BIT. NOT A LITTLE BIT, A LOT.
BECAUSE WE DON'T HAVE AND OVERLAY THAT PROTECTS THAT OLD TOWN. THAT ALSO CAUSES PROBLEMS FOR SCOOPS BECAUSE THEY NEED DEFINITIVE PROCESS AND GUIDELINES ON WHAT THEY CAN AND CANNOT DO.
WE HAVEN'T OFFERED THAT TO THEM AS A CITY.
WE HAVE AN OPPORTUNITY NOW AS WE START BUTTING HEADS, ANY TIME WE BUTT HEADS, THIS COUNCIL DOES NOT LOOK FORWARD TO COMING TO THESE MEETINGS. AT ALL.
BECAUSE WE DON'T LIKE IT WHEN WE ARE FIGHTING WITH EACH OTHER. YOU KNOW, ONE SIDE HAS TO WIN.
EVERYBODY IS LOOKING TO BE THE WINNER. ON THE WINNING SIDE. SADLY, THE ANSWER LIES ON WHAT MY GRANDFATHER ALWAYS TOLD ME. WHEN YOU ARE CAUGHT IN THE MIDDLE, YOU HAVE TO GO WITH YOUR HEART. I DON'T KNOW HOW THIS WILL TURN OUT TONIGHT. WE WILL FIND OUT HERE SHORTLY.
DOES ANYBODY ELSE HAVE ANYTHING?
>> I WILL MAKE A BRIEF COMMENT. NUMBER ONE, THANK YOU TO EVERYBODY WHO CAME OUT THIS EVENING TO GIVE SOME FEEDBACK. THOSE AROUND THE EFFECTED AREA AND EVERYBODY WHO CAME OUT TO HEAR ALL THE CONVERSATION. I MET WITH RESIDENTS AROUND, WENT OVER TO MELISSA'S HOUSE.
GOT TO SPEND TIME WITH THE FOLKS.
WENT TO -- I HAVE SPOKEN A LOT WITH JONATHAN.
I THINK JONATHAN YOU MENTIONED A COUPLE OF PAGES OF DIFFERENT IDEAS AND CONCESSIONS AND THINGS THAT HAD COME UP.
I'M ALWAYS BIG EVERY TIME WE -- WHETHER WE HAVE A SMALL DEVELOPMENT COMING THROUGH OR IT'S SOME OTHER ISSUE, WE ARE DEALING WITH, BUDGET OR SOMETHING ELSE, I ALWAYS LIKE TO TRY TO FIND SOME WAY TO NOT HAVE -- LIKE MIKE SAID, THEY ARE NOT TO BE JUST A WINNER AND LOSER AND TRYING TO FIND WHERE MAYBE EVERYBODY FEELS LIKE THEY LOST A LITTLE BIT BUT SOME OF THE ISSUES WERE FIGURED
[02:30:03]
OUT. IF WE WERE -- IF THE PRESENTATION THROUGH PNZ, IF IT HAD MAYBE A COUPLE OF PAGES OF THOSE CONCESSIONS AND THINGS THAT MAYBE MITIGATED SOME OF THESE THINGS, I COULD SEE MY SUPPORTING MAYBE A LITTLE ALTERED VERSION OF WHAT WE ARE LOOKING AT TONIGHT. I THINK AS IS, FROM SOME OF THE FEEDBACK THAT WAS SHARED, IF WE'RE NOT GOING TO BE ADDRESSING SOME OF THE CONCERNS WITH MITIGATION FACTORS, I THINK I'M GOING TO HAVE TO SUPPORT JUST WAITING TO SEE MAYBE WHAT WE CAN DO IN THE FUTURE.>> OKAY. ARE WE READY TO TAKE A MOTION? NO OTHER QUESTIONS, COMMENTS?
>> REMIND COUNCIL, THIS DOES REQUIRE A TWO- THIRDS VOTE, WHICH IS SIX OUT OF SEVEN.
>> IT'S A THREE- QUARTERS VOTE. I'M GOING TOTO THE COUNCIL -- WHOEVER MAKES THE MOTION, THEY MAKE THE MOTION TO APPROVE. IF YOU ARE GOING TO MAKE THE MOTION, TO MAKE IT TO APPROVE AND SECOND. THEN OBVIOUSLY, IF YOU ARE AGAINST THAT, TO VOTE NO.
BASICALLY, JUST TO HELP TAMMY WITH THE RECORD ON HOW THE VOTE IS GOING TO GO.
PARTICULARLY BECAUSE IT REQUIRES -- IT DOES REQUIRE SIX VOTES TO BE APPROVED.
>> IS THERE A MOTION TO APPROVE?
>> YOU CAN VOTE AGAINST YOUR OWN MOTION.
>> I AGREE WITH OTHER COMMENTS. I THINK THERE'S A MIDDLE GROUND.
I SHOULDN'T BE SAYING THIS. WHATEVER.
I THINK BOTH SIDES ARE HYPED UP. MAYBE THAT MIDDLE GROUND MIGHT BE HARDER TO SEE AT THE MOMENT. I THINK THERE'S MIDDLE GROUND. MY QUESTION IS, CAN -- DO WE HAVE TO VOTE? CAN WE TABLE AND HAVE A WORKSHOP WITH THE INTERESTED PARTIES?
>> LET ME -- I'M GOING TO I OBJECT -- TO INTERJECT. IF THERE IS -- IF THIS CASE IS DENIED FOR FAILING TO OBTAIN SIX VOTES IN THE AFFIRMATIVE, THEN UNDER THE CURRENT ZONING ORDINANCE THERE'S A SIX- MONTH WAITING PERIOD BEFORE THE SAME CASE CAN COME BACK. HOWEVER, THAT SIX MONTHS CAN BE WAIVED IF THEY COME BACK -- IF THE APPLICANT WERE TO COME BACK WITH SUBSTANTIALLY DIFFERENT TYPE OF PLANNING OUTLINE.
>> IN SOME RESPECT IT'S WITHOUT PREJUDICE.
HE HAS -- I HAVE BEEN LOOKING HERE.
TEXTED JOE TO SEE IF HE COULD CONFIRM.
THAT SAME LANGUAGE DOESN'T EXIST FOR -- DETERMINES THERE'S SUFFICIENT DIFFERENCES IN THE APPLICATION, THAT SIX MONTHS CAN BE WAIVED.
IT COULD COME BACK EARLIER. SOME OF THE -- I DID RECEIVE A COPY OF THE PAGE OF DIFFERENT TYPES OF CHANGES.
OF COURSE, I HAVE LISTENED TO THE CONVERSATION TONIGHT. I THINK SOME OF THE -- A NUMBER OF CHANGES THAT COULD BE PROPOSED MIGHT BE SUFFICIENT TO MEET THAT THRESHOLD WITH RESPECT TO THE DISCRETIONARY DECISION OF THE PLANNING DIRECTOR TO ACCEPT THAT APPLICATION PRIOR TO THE SIX MONTHS. I HEARD A SENTIMENT REWRITING THIS TONIGHT MIGHT BE DIFFICULT. REWRITING IT SUBSTANTIALLY WOULD ALSO BE SOMETHING SUBSTANTIALLY DIFFERENT THAN WHAT PNZ RECOMMENDED.
THERE WOULD BE A THOUGHT THAT MAYBE YOU COULD WANT TO REMAND AS TO PNZ. HONESTLY, FROM A PROCEDURAL STANDPOINT, IT MIGHT BE CLEANER TO KIND OF ALMOST START OVER WITH SUBSTANTIAL CHANGES. THE APPLICANT HAS STATED WILLINGNESS TO MAKE SIGNIFICANT CHANGES. I WON'T SPEAK FOR STAFF.
>> I DO BELIEVE WE HAVE MADE THE ACCOMMODATION IN THE PAST AT COUNCIL LEVEL TO DENY WITHOUT PREJUDICE.
>> WHETHER WE CAN OR NOT, WE HAVE BEEN DOING IT.
>> I HAVE A QUESTION ABOUT THAT.
LET ME MAKE SURE I GOT THIS RIGHT.
IF WE BRING THIS BACK ON SHORT-TERM, WE ARE GOING TO MOVE IN A DIRECTION TO PRESENT SOMETHING AND POSSIBLY
[02:35:03]
ATTEMPT TO APPROVE IT IN THE SHORTER TERM, THAT'S A STANDALONE CASE>> WITHOUT GOING IN A DIFFERENT DIRECTION WHICH WOULD ALLOW US BE INVOLVED WITH THE PUBLIC AND TO COME UP WITH A STANDARD THAT WOULD BE MET OR UNMET WITHIN AN OVERLAY POTENTIAL
DISTRICT. >> I'M NOT SURE HOW TO ANSWER THAT QUESTION.
>> WE ARE SHOOTING OURSELVES IN
I'M NOT GOING TO SPEAK ON BEHALF OF THE APPLICANT. I'M NOT GOING TO SPEAK ON BEHALF OF THE PEOPLE WITHIN 200 FEET.
JUST TO CLARK'S POINT, WE CAN BRING THIS BACK.
>> I HAVE A MOTION OR RECOMMENDATION TO CLARK TO MAKE A MOTION SINCE HE GOT KIND OF INTERRUPTED THERE. I WOULD LIKE TO -- YOU WANT TO MAKE THE MOTION? YOU WANT ME TO MAKE THE MOTION? I HAVE AN IDEA.
>> I WOULD LIKE TO TREAT THIS AS ANY OTHER CASE THAT WE ADDRESS AT ANY OTHER POINT.
THUMBS UP OR DOWN? THE APPLICANT CAN REAPPLY IF THEY CHOOSE TO.
>> I WANT TO TALK ABOUT IT. WE WERE TALKING ABOUT THIS.
WE ASKED THIS QUESTION. IF THEY WANT TO DENY, IT ONLY TAKES FOUR VOTES. THERE'S NOT A SUPER MAJORITY TO DENY.
IT'S A SUPER MAJORITY TO APPROVE.
IF THEY MAKE A MOTION TO DENY AND IT GETS FOUR VOTES, THIS CASE IS DENIED.
>> THE PROBLEM WITH THAT IS HOW THAT -- IT ALMOST CREATES A DOUBLE NEGATIVE. WHEN YOU READ THE MINUTES, IT'S DIFFICULT FOR -- TO KNOW -- THAT'S WHY I'M SAYING, SUGGESTING -- I HAVE ALWAYS SUGGESTED THIS. ALL MOTIONS SHOULD BE IN THE AFFIRMATIVE TO APPROVE AND VOTE AGAINST IT IF YOU ARE GOING TO -- BECAUSE THE STATUTE REQUIRES SIX AFFIRMATIVE VOTES IN FAVOR OF -- IN ORDER TO BE CLEAR IT DIDN'T MAKE -- GET THE SUPER MAJORITY. THAT'S THE REASON I WOULD LIKE THE MOTION TO BE THAT WAY. IF SOMEBODY WILL MAKE IT, IF THAT'S HOW THIS IS GOING TO GO.
>> I WILL MAKE A MOTION TO DENY WITHOUT PREJUDICE AND DIRECTION TO STAFF TO SET UP A WORKSHOP TO DISCUSS WITH THE FOLKS.
>> OKAY. WE HAVE A MOTION TO DENY WITHOUT PREJUDICE AND THEN POSSIBLY PROCEED WITH A WORKSHOP IN THE FUTURE.
>> WE HAVE A MOTION MADE BY COUNCILMAN MOORMAN.
SECOND ABOUT MAYOR PRO TEM. PLEASE VOTE.
>> THAT MEANS IT WAS DENIED WITHOUT PREJUDICE.
THERE WILL BE A WORKSHOP SET UP.
>> THE AGENDA ITEM IS DENIED WITHOUT PREJUDICE.
WE WILL LOOK TO HAVE A WORKSHOP AT A FUTURE DATE. LET'S TAKE A FIVE- MINUTE BREAK.
>>> IT'S 8:45. WE ARE BACK FROM OUR BRIEF RECESS. IF YOU DONE MIND, CARRY YOUR CONVERSATIONS OUT IN THE FOYER.
I WANT TO THANK EVERYBODY FOR THEIR PATIENCE THIS EVENING.
[2025-197]
WE HAVE A QUORUM. MOVING ON.PUBLIC HEARING, 2025- 197, CONDUCT PUBLIC HEARING AND CONSIDERING AND ACT UPON AN ORDER ANSWER TO THE USE AND DEVELOPMENT OF 173. 94 ACRES IN THE RADFORD FROM CHANGING ZONING FROM AGRICULTURE TO PD- 164 FOR DATA CENTER, SUBJECT TO DEVELOPMENT REGULATIONS, PROPERTY IS LOCATED ON FORBES ROAD. CLYDE.
>> FOR LIGHT INDUSTRIAL AND DATA CENTER USE.
THIS IS WEST OF EV JONES AND SOUTHWEST OF THE RAIL PORT.
THIS IS NOT IN THE RAIL PORT. IT'S TO THE SOUTHWEST ON FORBES ROAD. THERE'S NO EXISTING
[02:40:04]
WATER LINES OUT THERE. IT'S DUAL CCN.MOUNTAIN PEAK PROVIDES WATER FOR RESIDENTIAL.
WE PROVIDE WATER FOR INDUSTRIAL DEVELOPMENT OUT THERE.
THERE ARE NO EXISTING SEWER LINES.
THIS IS IN THE INDUSTRIAL MODULE.
SOME OF THE STRATEGIES WITHIN OUR COMP PLAN IS DIVERSIFY EMPLOYMENT BASE AND IFY THE CITY'S TAX BASE TO PROVIDE RELIEF FOR INDIVIDUAL PROPERTY OWNERS.
THIS IS THE AREA IN QUESTION. YOU SEE THE AREA -- THIS BUILDING OVER HERE IS THE NEW ENCORE DISTRIBUTION CENTER THAT WAS BUILT IN THE PAST YEAR. HERE IS THE NEW JONES THAT ALIGNS WITH FORBES ROAD. FORBES ROAD COMES DOWN.
THE COLORED PROPERTY IS OUR CITY LIMITS.
ANYTHING OUTSIDE THE COLOR IS A TRUE AERIAL IS WITHIN THE COUNTY AND NOT INCORPORATED WITHIN THE CITY. THIS AN OLDER PD-164.
WHAT THEY WANT TO INCLUDE IN THIS IS THE ENTIRE AREA WITHIN THE YELLOW.
THEY ARE DEVELOPING ALONG FORBES ROAD, A MAJOR COLLECTOR.
THAT'S 80-FOOT MAJOR COLLECTOR. THE EXISTING WIDTH IS 30 FEET. IT'S IN DISREPAIR. THE COOLING OF THE DATA CENTER WILL BE MECHANICAL. NOT DEPENDENT UPON WATER. WATER COOLED EQUIPMENT ALLOWED UP TO 5,000 GALLONS PER DAY PER BUILDING, NOT TO EXCEED EIGHT BUILDINGS.
THERE'S A LIMITED AMOUNT OF WATER NEEDED FOR THIS.
WATERLINE WOULD BE EXTENDED ALONG FORBES ROAD AND LOOPED AT THE TIME OF THE DEVELOPMENT. DRAINAGE PLANS FINALIZED WITH CONSTRUCTION. DETAILED SITE PLANS REQUIRE SUBSTANTIAL CHANGES AND/OR VARIANCES WOULD COME BACK TO CITY COUNCIL.
THIS IS THE SITE. THIS IS 179 ACRES.
IF YOU SEE THESE ARE THE DIFFERENT DATA CENTERS.
THERE ARE UP TO EIGHT BUILDINGS ON THIS SITE. YOU DO HAVE A PROPOSED SUBSTATION AS WELL AS DETENTION ON THIS AREA.
SEVERAL LARGE GAS EASEMENTS COMING THROUGH THE SITE. EACH BUILDING WOULD BE APPROXIMATELY 300,000 SQUARE FEET EACH.
WITH ONE ELECTRICAL SUBSTATION AT THE FRONT FOR 138 KILOWATT VOLTS.
40 MEGAWATTS. PEAK CAPACITY PER BUILDING.
IT WOULD BE -- I'M SORRY. IS THAT 40 TOTAL OR --
I FORGOT ABOUT IT. THE PROPOSED LOT AREA, NO MINIMUM ON EITHER. MAXIMUM IS COVERED ON THIS DEVELOPMENT IS 70%. MAXIMUM HEIGHT ON THESE BUILDINGS IS 75 FEET. FRONT YARD SETBACK 25.
SIDE YARD AND REAR YARD ARE SHOWN UP THERE.
THIS DOES MEET ALL THE LIGHT INDUSTRIAL ZONING REQUIREMENTS ASIDE FROM THE HEIGHT AND THE HEIGHT IS, OF COURSE, GOING UP TO 75 FOOT.
AS A POINT OF REFERENCE, I BELIEVE THE QT BUILDING IN THE RAIL PORT IS 80 FEET. THE STACKS AT THE L APD G, POWER PLANT, IS 140 FEET. THOSE ARE DOWN FORBES ROAD A LITTLE BIT. THERE IS A TEN- FOOT LANDSCAPE BUFFER, 15% OF THE STREET YARD WILL BE LANDSCAPE.
ONE TREE PER 40 LINEAR FEET. ONE TREE PER TEN PARKING SPACES.
ONE THING THEY ARE REQUESTING IS A ONE PARKING SPACE PER 7,500 SQUARE FOOT OF DATA CENTER FLOOR AREA.
WHAT WE DID ON THE DATA CENTER IN GIFT COVE ROAD, THAT WAS APPROXIMATELY ONE PARKING SPACE PER 3,500.
THIS IS ALMOST SPLITTING IT IN HALF.
I WILL LET THE APPLICANT ADDRESS THE PARKING, IF NEEDED.
THERE WILL BE THREE LOADING SPACES PER BUILDING. LARGE TRUCK AREAS. ALL THE PARKING SPACES, PRIVATE ROADS APDZ DRIVEWAYS WILL BE CONCRETE. A GRAVEL ROAD OR GRAVEL IS ALLOWED FOR THE ELECTRICAL EQUIPMENT YARDS. THESE ARE THE ELEVATIONS ALONG THIS SITE. THEY ARE LARGE.
3,000 SQUARE FOOT DATA CENTERS. THAT'S WHAT YOU HAVE HERE.
THIS IS JUST A LITTLE BIT MORE. THEY DO HAVE SOMEWHAT SIMILAR ARTICULATION. HORIZONTAL AND VERTICAL.
THEY HAVE THE MECHANICAL EQUIPMENT ON THE ROOF SCREENED.
12 LETTERS WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. WE HAVE NOT RECEIVED ANYTHING BACK FROM THOSE. THE RECOMMENDATION FROM STAFF IS SURROUNDING LAND USE COMPATIBILITY, IT'S COMPATIBLE WITH SURROUNDING LAND USES. THE MAJORITY OF IT IS UNDEVELOPED AGRICULTURE.
THERE'S TO THE SOUTHEAST, SOME RESIDENTIAL, BUT NOT
[02:45:01]
ADJOINING THIS PROPERTY. THE COMP PLAN LAND USE HAS THIS AS INDUSTRIAL MODULE.IT IS CONSISTENT. PROPOSED CHANGES WITH FOLLOWING THE STRATEGY AND DIVERSIFY TO PROMOTE SUSTAINABLE, ECONOMIC AND EXPAND LOCAL JOB OPPORTUNITIES.
THAT'S THE END OF MY PRESENTATION.
I WE HAVE THE APPLICANT HERE AS
WELL. >> ANYBODY SIGNED UP TO SPEAK? I WILL ENTERTAIN TO MOVE THE CLOSING HEARING.
>> MOTION BY WICKLIFFE. SECONDED BY WEAVER.
PUBLIC HEARING CLOSES, 7-0. WOULD YOU LIKE TO MAKE A PRESENTATION OR STAND FOR QUESTIONS?
>> I WILL PUT MY NAME ON THE RECORD.
DANIEL BOX, ZONING ATTORNEY WITH WINSTEAD PC. JUST WANT TO THANK STAFF.
THEY HAVE BEEN GREAT AS WE WORK THROUGH THE PROCESS.
WE HAVE A PRESENTATION WHICH I'M NOT GOING TO THROW UP HERE BECAUSE IT'S DUPLICATIVE. UNLESS YOUR QUESTIONS END UP NECESSITATING IT. I WILL LEAVE IT OUT.
HAPPY TO ANSWER ANY QUESTIONS.
>> ON THE HEIGHT, JUST WANTED TO CONFIRM, 75 PLUS 25 OR 75 OF WHICH 25 IS SCREENING?
>> THAT WOULD INCLUDE THE SCREEN.
>> THEN WHAT'S THE ESTIMATED NUMBER OF JOBS THAT THIS FACILITY WOULD CREATE IN THE LOCAL MARKETPLACE?
>> WE ARE STILL PURSUING END USERS AT THIS POINT.
MAYBE A LITTLE BIT OF A GUESSING GAME.
WE CAN SAY WITH CERTAINLY THAT WE ARE AT 30.
THE FIRST BUILDING, A MINIMUM 30 FOR THE FIRST BUILDING.
WHAT'S THE ESTIMATED VALUE OF THE PROJECT?
>> I WILL HAVE TO TURN THAT OVER÷÷TO THE APPLICANT TO GET NUMBERS ON THAT.
>> BALLPARK. WE DON'T HAVE TO GIVE
PER BUILDING, GENERALLY WORKING WITH STAFF, GENERALLY, PER BUILDING, $250,000 INVESTMENT.
INSIDE THE BUILDING, END USERS WILL INSTALL CAPITAL BEYOND
THAT. >> YOU JUST DEVELOP THE SHELL.
>> WE PRIDE OURSELVES ON RESPONSIBLE DEVELOPMENT, REDUCING RISK AND SELLING PROJECTS AND LAND TO HYPERSCALE END USERS.
WE HAVE THE OPPORTUNITY HERE TO SELL -- WE ARE TARGETING BRINGING THE BEST TENT ANTS TO THE CAMPUS. THAT'S UNDETERMINED.
IT'S POSSIBLE THAT WE COULD PARTICIPATE IN THE CONSTRUCTION, THE MAIN PLAN IS TO SELL THE LAND, SOMEONE ELSE WILL BUILD AND OWN AND OPERATE.
>> AT THIS POINT, YOU DON'T HAVE A DETERMINED OPERATOR?
>> THAT ANSWERS SEVERAL OF MY QUESTIONS.
ARE YOU PRODUCING SOLAR, GAS, JUST USING GRID?
>> SUBSTATION. STILL IN THE STAGE WITH THEM.
IT'S A LOT OF DETAILS BEING FLUSHED OUT THERE.
THE GENERATORS PROPOSED WITHIN THE
PDR EMERGENCY BACKUP. >> PERFECT.
>> MORE QUESTIONS FROM COUNCIL?
>> JUST TO BE CLEAR, PHASE ONE IS GOING TO HAVE FOUR BUILDINGS? FIVE?
>> YEAH. IT'S A GREAT QUESTION. WE ENVISION THE ENTIRE SITE AS ONE CAMPUS. WE RETAINED THE ABILITY TO DEVELOP IT IN PHASES. I WOULD SAY THAT IT WILL BE ON A BUILDING BY BUILDING BASIS. I WOULDN'T LOOK -- IF THAT ANSWERS YR QUESTION.
>> THAT'S WHAT I WAS GETTING AT. ONE BUILDING.
YOU TRY TO OCCUPY IT. HAVE ANOTHER BUILDING THAT YOU ARE BUILDING WHILE YOU HAVE ONE OCCUPIED. ARE YOU GOING TO TRY TO BUILD ALL AND THEN TRY TO OCCUPY ALL OF THEM? THAT'S WHAT I WAS GETTING AT.
>> IF I'M MISTAKEN, BUT THE APRIL APPLICANT CAN --
>> WILL YOU COME BACK TO PLATT THIS? EACH BUILDING CAN BE SOLD ON AN INDEPENDENT LOT? IS IT ALL ONE COHESIVE DEVELOPMENT?
>> THE INTENT, THIS IS ONE PROJECT.
JUST BUILDING IN PHASES OVER TIME.
[02:50:02]
>> FOR CLARIFICATION, I WANT TO MAKE SURE, BECAUSE I TALKED ABOUT THE DRIVE. THERE'S LANGUAGE IN THE WAY THE ORDINANCE IS WRITTEN THAT THE INGRESS AND EGRESS AROUND AND TO THE SUBSTATION EQUIPMENT YARD CAN BE GRAVEL.
THE SUBSTATION IS AT THE FRONT. IS IT CLEARLY DEFINED WHAT YOU ARE GOING TO POSSIBLY DO GRAVEL AND WHAT YOU ARE NOT? I THINK WHEN I ORIGINALLY READ THE ORDINANCE, Y'ALL MAY HAVE BEEN REQUESTING THAT ALL DRIVES COULD BE AN ALTERNATIVE SURFACE.
I WANT TO MAKE SURE WHAT IS CONCRETE AND WHAT YOU ARE ASKING
TO BE GRAVEL. >> IT'S A GREAT QUESTION.
ONLY THE ROADS THAT PROVIDE ACCESS TO THAT SUBSTATION ARE EVEN OPEN FOR BEING GRAVEL.
YOU ARE CORRECT, A PREVIOUS DRAFT OF THE PD HAD THAT. THAT WAS A TYPO.
MY APOLOGIES ON THAT. THAT WAS MY FAULT.
WE ATTEMPTED TO DO IS CAB BORE COPY WHAT WAS IN THE PD FOR GRAVEL OF THE SUBSTATION. ALL THE OTHER INTERNAL DRIVES WILL BE PAVED.
>> TO MAKE SURE, ONE OF THOSE DRIVES TO THAT PROPOSED SUBSTATION COMES OFF OF FORBES. IT WILL BE ARY KWIERMENT TO DO A CONCRETE APPROACH OR AUPON INTO THE FACILITY, CORRECT? RIGHT THERE AT THAT SPECIFIC LOCATION.
>> I WOULD TLI THIS WHOLE THING WOULD BE CONCRETE.
THIS APPROACH AND THIS APPROACH AND THEN ANYTHING INTERNAL WOULD BE GRAVEL.
>> THAT'S EXACTLY RIGHT. IF THE GRAVEL CONCEPT IN GENERAL IS SOMETHING THAT IS CAUSING UNHE'S OR MAYBE SOME CONFUSION, WE CAN EVEN STRIKE THAT.
I PUT THAT IN BECAUSE IT WAS FROM THE DIGITAL REALTY PD.
>> NO FURTHER COMMENTS? I WILL MAKE A MOTION TO APPROVE AS PRESENTED WITH THE CAVEAT OF WORKING WITH STAFF TO FINE TUNE THE GRAVEL CONVERSATION. IS THAT FAIR? MOTION MADE BY MYSELF. SECONDED BY COUNCIL WOMAN HAMMONDS.
>> IT'S IN SECTION -- OTHER COMMENT RELATED TO THE SUB DGS STATION. GIVEN IT'S AN ENCORE SUB DL STATION. THEY TYPICALLY HAVE STANDARD S.
ALL THE MAJOR APPROACHES, SIMILAR TO THE APPROACH YOU WERE TALKING ABOUT THAT GOES AROUND THE SUBSTATION, THAT WOULD BE CONCRETE.
NORMALLY, THESE USERS WANT TWO POINTS OF ACCESS, FIRE REQUIRES TWO POINTS OF ACCESS. THAT'S OUR SECOND POINT OF ACCESS. WE WOULD HAVE CONCRETE DRIVES FOR THAT ONE POINTED OUT.
MAYBE COMING OFF THAT DRIVE DIRECTLY TO THE SUBSTATION, WE WOULD HAVE GRAVEL FOR THAT FOR MEETING ENCORE STANDARDS.
>> MY CHANGE WOULD BE DRIVE AREAS ON THE ELECTRICAL SUBSTATION, ELECTRICAL EQUIPMENT YARDS MAY BE GRAVEL, TAKE OUT PROVIDING INGRESS AND EGRESS.
>> CLEAR THE VOTE. I ACCEPT THE FRIENDLY AMENDMENT.
I THINK IT CLEARLY DEFINED THE INTENGSZ OF THE ORIGINAL MOTION.
APPROVE AS PRESENTED WITH THE ONE CHANGE OF THE CONCRETE INGRESS EGRESS IS OFF OF THE ROADWAY WITH THE INTERIOR BEING ABLE TO BE GRAVEL.
MOTION MADE BY MYSELF. SECONDED BY COUNCIL WOMAN HAM MONDAYS. PLEASE VOTE. ITEM PASSES 6-1.
THANK YOU, COLLIDE. MOVING ON TO OUR REGULAR AGENDA.
[2025-200]
199 WON'T NEED TO BE HEARD THIS EVENING. 2025- 200, CONSIDER AN ACT UPON AN ORDINANCE OF THE CITY OF MIDLOTHIAN REPEALING ORDINANCE 2008- 29 IN ITS ENTIRETY, ESTABLISHING AN ORDINANCE ALTERING THE SPEED LIMIT FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE ON U.S. HIGHWAY 287 WITHIN THE CORPORATE LIMITS OF THE CITY OF MIDLOTHIAN, PROVIDING APPROPRIATE SIGNS AND HE ERECTING SAID SPEED ZONES, PROVIDING REPEALING CLOSE, RECEIVER BUILT CLAUSE, PENALTY NOT TO EXCEED $200.>> THANK YOU. WITHIN THE PAST YEAR, THEY DID A SPEED STUDY ALONG 287 FROM JOHNSON COUNTY LINE TO MIDLOTHIAN PARKWAY.
[02:55:02]
AS PART OF THAT STUDY, THEY MADE A RECOMMENDATION TO LOWER THE SPEED LIMIT ALONG THAT SEGMENT OF HIGHWAY FROM 65 MILES PER HOUR DOWN TO 60 MILES PER HOUR.BACK IN MARCH, THIS ITEM WAS BROUGHT BEFORE CITY COUNCIL FOR CONSIDERATION. AT THAT TIME, COUNCIL HAD DENIED THE REQUEST TO REDUCE THE SPEED. SINCE THEN, THERE'S BEEN A WORKSHOP WITH COUNCIL AND THE CARS GROUP.
STAFF WAS DIRECTED TO BRING THIS BACK FOR CONSIDERATION.
WITH THAT, I WOULD BE HAPPY TO ANSWER QUESTIONS YOU HAVE.
>> THANKS, MIKE. ANYBODY SIGNED TO SPEAK ON THIS? I DID INVITE DAN AND CASEY TO JOIN US TONIGHT AS REPRESENTATIVES OF THE CARS GROUP WHO WERE AT THAT WORKSHOP. DAN OR CASEY, DO YOU WANT TO MAKE ANY COMMENTS BEFORE WE OPEN IT UP FOR QUESTIONS?
>> WE WILL BOTH SPEAK. DAN ALTMAN, IN THE CITY LIMITS.
AS YOU KNOW, WE FORMED CARS. THIS IS ING FOR ROAD SAFETY. THE GOAL HAS ALWAYS BEEN TO SEE THROUGH IMPROVEMENTS TO 287 IN MIDLOTHIAN.
THE FINAL VISIONS WILL BE ACCESS ROADS ALONG THAT HIGHWAY.
INTERSTATE CLASS HIGHWAY FOR 287 HERE IN MIDLOTHIAN.
THIS IS A TEMPORARY WAY. I HAVE BEEN DRIVING 287 SINCE 1995. I HAVE WORKED IN FT. WORTH.
I HAVE STARTED LIVING NEARBY BEFORE I MOVED HEEFR. I HAVE TRAVELED ALONG 287.
THERE HAVE BEEN TYPES WHEN THERE WAS A 50 MILE AN HOUR SPEED LIMIT IN MANSFIELD AND A STOPLIGHT WHEN YOU GOT -- AS YOU APPROACHED.
NOW IT'S 70 MILES AN HOUR. THE VISION THAT WE HAVE IS, WHEN WE LOOK -- I'M GOING TO LET CASEY COVER THIS. HE HAS DONE A LOT OF RESEARCH.
RIGHT NOW, WE HAVE SEEN, AS CASEY WILL EXPLAIN, A PRECIPITOUS DROP IN OUR SAFETY IN OUR CITY BASED ON 287.
WE ENVISION WHEN BE GET AND -- MICHAEL MORRIS WITH NORTH TEXAS COG HAS SUGGESTED BREAKOUT PROJECTS. IT LOOKS LIKE WE'RE GOING TO SEE MOVEMENT ON THESE PROJECTS IN THE NEXT SEVERAL YEARS. THEN WE WILL BE ABLE TO GO FROM THE SPEED LIMIT BACK TO 70 WHEN WE HAVE A SAFE ROAD. ANECDOTALLY, I KNOW PEOPLE WHO LIVE ALONG 287. WE HAD A HEARING AT ONE POINT WHERE THE DEVELOPER WANTED TO PUT WOODEN FENCES FACING 287.
WE HAD A HALF A DOZEN RESIDENTS IN THE NEIGHBORHOODS THAT SAID, DON'T LET HIM DO THIS.
I HAVE WILL CARS COME THROUGH THERE.
THEY WANTED MASONRY FENCES. WE ARE DEALING WITH A SITUATION WHERE IT'S NOT ONLY A THREAT TO THE PEOPLE ON TRAVELED ROAD. IT'S A THREAT TO THE CITIZENS THAT LIVE ALONG THESE ROADS.
WE HAVE SEMIS LEAVING THE ROADWAY.
I WILL LET CASEY EXPLAIN WHAT HE HAS FOUND AND WHAT THE SAFETY ISSUES ARE.
>> CASEY, CHESS CHIER, TO LIVE IN CITY LIMITS.
IT'S BEEN A LONG NIGHT. THANK YOU FOR YOUR TIME.
WE TRY TO PROVIDE THIS TO YOU EARLIER AS WELL.
I'M ONE OF THE GUYS, I'M A DAD.
IF WE HAVE SOMETHING WE ARE WORKING ON FROM A SERVICE LINE DEVELOPMENT, THE HOSPITAL, I LIKE TO SEE NUMBERS THAT BACK IT UP. I'M NOT GOING TO BORE YOU WITH BASIC PHYSICS FOR WHAT KINETIC ENERGY AND STOPPING DISTANCE. AS YOU SEE ON THIS DOCUMENT, THERE IS AN INCREASED SAFETY STANDARD BY SHORTENING THE IMPACT ON A POTENTIAL CAR, PERSON, ANYONE DEALING WITH AN ACCIDENT THERE, 40 FEET OF SHORTER STOPPING DISTANCE. I WANT TO FOCUS ON THE PAGE 1 IN THE MIDDLE. THIS IS SOME STATS FROM THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANTS TAGS OFFICIALS THAT THEY ARE SHOWING A 5% MILE REDUCTION ON THIS STRETCH COULD YIELD 10 TO 15 FEWER CRASHES AND 20 TO 25 FEWER FATAL CRASHES. SECOND PAGE, AGAIN, YOU KNOW I LOVE NUMBERS.
NATIONAL STATS. THE BIG THING ON PAGE 2 IS RIGHT THERE AT THE VERY TOP, THIS IS FROM THE NATIONAL HEY WAY TRAFFIC ADMINISTRATION, THEY ARE SHOWING THAT ROUGHLY 9% TO 10% OF ALL POLICE REPORTED CRASHES IN THE UNITED STATES HAVE SOME SORT OF SPEEDING CONTRIBUTION TO IT.
LET'S BRING IT DOWN TO MIDLOTHIAN.
YOU GET TO THE LOWER PORTION. THIS IS A REPORT FROM THE TEXAS DEPARTMENT OF TRANSPORTATION. THESE NUMBERS ARE PULLED ON JUNE 3 IN PARTNERSHIP WITH THE POLICE DEPARTMENT. THIS IS SHOWING TOTAL ACCIDENTS.
FROM 2021 ON 287. THESE ARE PRETTY FACTUAL NUMBERS. 2025 IS ONLY HALF THE YEAR.
WE ARE ROUGHLY ON TRACK TO HIT THE PAR THAT WE SET IN 2024. YOU WILL SEE THAT CONTINUING TO INCREASE. THAT'S 626 ACCIDENTS HAVE TAKEN PLACE. TO FINISH UP MY NUMBERS CLASS HERE FOR YOU, ON PAGE 3, WE DID A DEEPER DIVE INTO IT.
WE LOOKED AT ACCIDENTS IN MIDLOTHIAN SINCE '21 WITH SPEEDING CONTRIBUTIONS. YOU SEE 215 ACCIDENTS THAT HAVE ATTRIBUTED TO SOME SORT OF 1350EDING ELEMENT.
[03:00:01]
DOING THE MATH THERE, WE TALKED ABOUT THE NATIONAL RATE AT 10%.YOU SEE 35% OF TOTAL ACCIDENTS FROM 2021 TO 2025 ON HIGHWAY 287 TO INCLUDE SPEEDING CONTRIBUTION. THAT'S 25% ABOVE AVERAGE.
JUST LIKE HE IS SAYING, WE OBVIOUSLY UNDERSTAND THESE ARE TEMPORARY SAFETY MEASURES. AS WE LOOK AT THE INFLUX OF TRAFFIC, IT'S EXTREMELY IMPORTANT. I WANT YOU TO FOCUS ALSO JUST ON THOSE POTENTIAL -- WE ARE SHOWN OUT OF THE 250 CRASHES, THAT'S 381 UNITS. DAMAGED PROPERTY. THAT'S 419 LIVES THAT WERE IMPACTED. WE HAVE HAD 11 FATALITIES DURING THAT TIME FRAME. RUNNING THE MATH, SEE AT THE BOTTOM, THERE'S A LOT THAT CAN BE DONE TO LESSEN PROPERTY DAMAGE, MINIMIZE INJURIES AND SAVE LIVES IN THIS REGION BY UTILIZING THESE MEASURES.
>> I WANT TO SAY IN CLOSING, THE DID R -- ONE OF THE BIG ISSUES ON 287, IT'S A CHOKE POINT IN THE METROPLEX TRAFFIC. EVERY ONE OF THE ACCIDENTS REPRESENTS THOUSANDS OF WORK HOURS LOST. PEOPLE'S LIVES, THEY WILL NEVER GET BACK BECAUSE THEY ARE IN TRAFFIC. THERE'S NO WAY AROUND WHEN ACCIDENTS OCCUR IN MOST OF THESE LOCATIONS TO BYPASS.
IF WE DO THIS, WE SAVE LIVES. WE ARE SAVING TIME FOR OUR CITIZENS.
>> THIS STARTS ON THE MAP. IT STARTS WHERE 65 GOES FROM 55 TO 65?
>> IT'S REQUESTED ALL THE WAY TO CITY LIMIT LINE TO GO 60?
>> YES. THROUGH THE CITY LIMIT LINE.
ON THE WEST SIDE OF TOWN. IT GOES INTO PARTS OF GRAND PAIR PAIRRY PRAIRIE AND MANSFIELD.
>> I WASN'T ABLE TO ATTEND THE WORKSHOP, HAVING HAD SURGERY TWO DAYS BEFORE THAT.
PART OF MY QUESTION IS, WHY DID WE NOT DO 55 AND KEEP IT CONSISTENT WITH THE 55 THAT'S BEFORE IT? RIGHT NOW, WE HAVE A 60. THEN WE GO TO 55.
NOW WE GO BACK TO 60. IN THAT LITTLE 300, 400 YARDS OR WHATEVER IT IS.
BEING 55. I RECOGNIZE PEOPLE GETTING IN AND OUT OF THE TRAFFIC FROM BUSINESSES AND FROM THE SIDE.
I GUESS IT WAS MORE OF A QUESTION I WOULD HAVE BROUGHT UP AT WORKSHOP, WHY DIDN'T WE MAKE IT 60 ALL THE WAY FROM THE TIME YOU HIT MIDLOTHIAN UNTIL YOU GET PAST RATHER THAN 60, 55, NOW 60? EVEN MAKE IT ALL 55.
WAS THERE ANY QUESTION ABOUT ANY OF THAT? OR THAT SPACING?
>> WOULD IT STAY 55 AT THAT ONE SPOT?
>> IT WOULD STAY FROM EAST OF MIDLOTHIAN PARKWAY OUT TO THE EAST SIDE OF MIDLOTHIAN, THAT'S 55.
THAT'S BEEN THAT WAY, THAT WAS WHEN YOU HAD THE TRAFFIC SIGNAL AT WALNUT GROVE ROAD.
THEY MAY HAVE DONE A SPEED STUDY.
I BELIEVE THAT SPEED HAS BEEN THE SAME SINCE THEN.
IF YOU LOOK AT THE RESULTS -- IT'S INTERESTING.
TYPICALLY, WHAT THEY DO IS 85TH PERCENTILE. THIS IS 125 VEHICLE COUNTS AND GETTING SPEEDS DURING A CERTAIN TIME.
THEY WILL LOOK AT 85TH PERCENTILE SPEED.
85% OF THE CARS TRAVEL AT THIS SPEED.
WHEN YOU LOOK AT THE RESULTS, THAT'S AROUND MIDLOTHIAN AREA ON THE BYPASS SIDE, IS CLOSER TO 80. WHEN YOU GET OUT WEST, IT'S FASTER. TYPICALLY, TRAFFIC WILL TRAVEL AT THE SPEED THAT THEY FEEL COMFORTABLE DRIVING, EVEN WITH POSTED SPEED LIMITS.
YOU SEE RIGHT NOW THAT, THAT 85TH PERCENTILE IS FASTER THAN THE BYPASS AREA.
>> WE TALK ABOUT WHO IS COMFORTABLE.
I GO OUT TO PRAIRIE RIDGE AND THEY ARE GOING 70 AND 75.
I'M TRYING TO GET OVER, CHANGE LANES TO GET TURNED IN TO GO SEE MY DAUGHTER. GO SEE MY GRANDSON. I DON'T HAVE A PROBLEM WITH LOWERING IT. I WONDERED WHY THAT GAP BEFORE THAT AND WHY NOT JUST MAKE IT CONSISTENT?
THAT SORT OF THING. >> YES, SIR.
I DON'T KNOW THAT -- ON THE EAST SIDE OF TOWN, IF YOU WANT TO INCREASE FROM 55 TO 60.
TO MAKE IT -- THEY DIDN'T INCLUDE THAT AS PART OF THE OVERALL STUDY N THEY DID THIS.
[03:05:03]
>> A GREAT POINT. IS OUR DECISION TONIGHT TO DENY AND LEAVE IT AT 65 OR PUT IT AT 60? DO WE HAVE THE ABILITY TO PUT FORWARD A MOTION WE WOULD LIKE IT TO BE 55?
>> THE RECOMMENDATION CAN GO. TYPICALLY, WHEN YOU SET SPEED LIMITS, YOU FOLLOW THE REQUIREMENTS.
I DON'T KNOW IT WOULD HURT TO SAY, IS THAT SOMETHING THEY COULD CONSIDER.
NORMALLY, THEY ARE TRYING TO FOLLOW THE SAME STANDARD THROUGHOUT THE STATE.
>> WE HAVE THAT SECTION BETWEEN MIDLOTHIAN PARKWAY AND WALNUT GROVE ROAD THAT'S 55 MILES PER HOUR. I THINK PARTIALLY DUE TO ALL OF THE AT GRADE INTERSECTIONS BECAUSE THERE ARE NO SERVICE ROADS. OUT WEST, WE DEVELOP MORE AND MORE AT GRADE INTERSECTIONS THAT HAVE HIGHER VELOCITY OF VEHICULAR EXPERIENCE.
THOSE HAVEN'T BEEN BUILT OUT YET.
THEY ARE NOT HALFWAY THERE. WE WILL SEE THAT CONTINUES TO SPIKE VERSUS WHAT WE ARE SEEING IN THE EAST GATE CORRIDOR AND THOSE. THE POINT I MADE IN THE LAST MEETING WHEN I CHAMPIONED THE DENIAL WAS IT'S NOT ENOUGH EITHER WAY. WE EITHER NEED TO LOWER IT FURTHER OR BOOST IT UP SO THAT THEY TAKE NOTICE AND ACTUALLY GIVES US IMPROVEMENTS WE NEED.
I WOULD BE IN COMPLETE FAVOR OF MAKING IT 55 MILE PER HOUR RECOMMENDATION ON THAT WHOLE THING. SLOW IT DOWN.
IT NEEDS TO BE SLOWED DOWN. IT IS NOT DESIGNED OR BUILT BY OUR STATE OF TEXAS TO ACCOMMODATE THE LEVEL OF TRAFFIC THAT IS COMING THROUGH OUR CITY.
SOME OF THESE TRIPS ARE RESIDENTS.
A LOT ARE JUST -- THEY COME IN MIDLOTHIAN ONE SIDE AND GO OUT THE OTHER. IF IT BECOMES MORE INCONVENIENT FOR THEM AND IT MAKES OUR RESIDENTS SAFER, I THINK 55 IS PROBABLY THE RIGHT WAY TO GO. THAT'S A VERY GOOD POINT.
>> I THINK LOOKING AT IT NOW OR THINKING OF IT, I DO THINK IT GOES FROM RIGHT NOW 65, IT GOES TO 55 AND THEN 60 WHEN YOU GET CLOSER TO WALNUT GROVE TO THE EAST SIDE, IF I REMEMBER RIGHT.
I THINK IT DOES CHANGE ANOTHER TIME. IT'S NOT 55 ALL THE WAY OUT TO THE WEST -- EAST SIDE OF TOWN. IT DOES CHANGE FROM 5 5 TO 60.
>> THEY ARE TAKING THE MEDIAN OPENINGS OUT IN A LOT OF AREAS AND DOING TURN AROUNDS. WE CAN MAKE A RECOMMENDATION AND SEE WHAT THEY DO WITH IT.
>> BRIEFLY, ECHOING THE SAME SENTIMENT.
I'M IN FAVOR OF -- I'M NOT A BIG FAN OF HOW IT ADJUSTS MULTIPLE TIMES RIGHT THROUGH THERE.
FRANKLY, I JUST FORGET. DID I PASS THAT SIGN OR THIS SIGN? IT'S A CONFUSING -- KNOWING WHEN YOU GET TO THAT NEXT LEVEL. I WOULD LOVE TO SEE IT -- I WOULD BE SUPPORTIVE TO SEE IT LOWERED.
BUT TO BE CONSISTENT BETWEEN THE TWO RED MARKERS.
WHETHER THAT NUMBER PROPOSED IS 55 OR 60, WHERE IT'S JUST GOT CONSISTENCY.
IF THAT NUMBER IS 55, I'M GOOD WITH THAT. I WOULD LIKE TO SEE IT CONSISTENT ALL THE WAY THROUGH THAT AREA.
>> THERE'S A LINE ON THE WEST SIDE OF THE LAKE.
WHAT HAPPENS FROM THAT LINE OUT TO MANSFIELD?
>> THERE'S A STRETCH THERE, IS THAT 60?
>> THEY RECOMMEND 60 OUT TO JOHNSON COUNTY.
>> DO WE KNOW WHAT THEY'RE GOING TO DO?
>> IT HAS TO GO THROUGH THEIR GOVERNING BODY.
>> WE DON'T HAVE ANY IDEA WHAT THEY'RE GOING TO DO?
>> WHEN I RELAYED THE VOTE ON THE LAST REQUEST, THEY DID SAY, IF MIDLOTHIAN DOESN'T CHANGE, IT DOESN'T MAKE SENSE TO CHANGE IT IN THAT SMALLER OF AN AREA WITH OTHERS. I DON'T KNOW THEY PRESENTED ANYTHING TO THE OTHER TWO CITIES THAT I'M AWARE OF.
>> THE LINE ON THE EAST SIDE, THAT WOULD BE OUR SPEED LIMIT CHANGES JUST EAST OF MIDLOTHIAN PARK
>> THAT'S 60 ALL THROUGH THERE?
>> THAT'S 55 GOING TO THE EAST UNTIL YOU GET CLOSER TO WALNUT GROVE.
>> I DRIVE ALL THAT EVERY DAY. I HAVE ZERO PROBLEM WHATSOEVER FROM THE WEST LINE ALL THE WAY TO THE RED LINE.
WHERE I HAVE THE MOST TROUBLE IS BETWEEN THAT RED LINE AND SARTIS. THAT'S ANY TIME A POLICE OFFICER HAS A CAR PULLED OVER, IT'S LIKE A DOMINO
[03:10:01]
STACK. FOLKS AVOIDING AND GETTING OVER.YOU NEVER KNOW WHAT IT IS UNTIL YOU GET CLOSER TO IT. IF IT MAKES EVERYBODY FEEL BETTER -- I GUESS MY QUESTION WOULD BE, I ALSO FIND THAT STRETCH, ESPECIALLY ONCE WE GET TO ABOUT OUR MAIN STREET WHERE WE HAVE SERVICE ROADS AND THE ROADS -- THE HIGHWAY IS WIDER.
WHAT'S THE PURPOSE ON -- WHAT'S THE STATE LOOKING FOR IN THEIR VIEW AND THEIR ASK FOR THAT? IN THAT REGION.
>> THEY WERE LOOKING TO LOWER THAT FROM 65 DOWN TO 60.
>> I KNOW WHAT THEY ARE ASKING. WHAT DO THEY HOPE TO TOTALLY -- I'M JUST -- I'M NOT SENSING THE SAME PROBLEM THROUGH THAT AREA OF MAIN TO MIDLOTHIAN PARKWAY.
I'M CURIOUS, ARE THEY TRYING TO MAKE IT THE SAME?
>> THE INTENT WAS -- LIKE YOU SEE ON THE EAST SIDE OF TOWN, YOU WOULDN'T GO FROM 60 THEN TO 65 AND THEN DOWN TO 55.
>> OKAY. WE WILL DO 55 ALL THE WAY THEN.
THAT'S MY TAKE ON IT. WHY JACK AROUND WITH IT?
>> AM I THE ONLY ONE THAT FEELS LIKE 55 ON A STATE HIGHWAY SEEMS CRAZY SLOW? I KNOW I'M GOING TO GET RAZED FOR BEING A SPEED DEMON.
WE HAVE OUR GROUP RECOMMENDING 60.
I WOULD BE GOOD WITH 60 ALL THE WAY THROUGH.
I LIKE THE IDEA OF IT BEING CONSISTENT ALL THE WAY THROUGH. I'M HIGHLY DISAPPOINTED CASEY DIDN'T MAKE THE NUMBERS GO DOWN BY THE HOUR INSTEAD JUST DID IT BY THE DAY. I DON'T KNOW.
I FEEL LIKE 55 -- IT'S NOT LIKE I'M NOT ABOUT SAVING LIVES HERE.
>> THE RECOMMENDATION IS TO LOWER IT TO 60.
OBVIOUSLY, MIKE COULD PROVIDE THAT FEEDBACK THAT HE HEARD FROM COUNCIL FOR THEIR CONSIDERATION.
WHAT WE HAVE IN FRONT OF US IS A RECOMMENDATION FOR 60.
IF COUNCIL WANTS TO GIVE THAT DIRECTIVE TO MIKE TO PURSUE EVENING OUT THE SPEED LIMIT THROUGHOUT, THEN WE CAN DO THAT. I WILL TAKE A MOTION ON THIS IF SOMEBODY HAS GOT ONE.
>> GIVE STAFF THE RECOMMENDATION TO APPROACH WITH THAT INFORMATION THAT THE COUNCIL DESIRES. APPROVING THIS AT 60 MILES AN HOUR I THINK IS WHAT'S IN FRONT OF US. AM I WRONG?
>> I WILL MAKE A MOTION TO APPROVE WHAT'S PRESENTED IN FRONT OF US AT 60 MILES AN HOUR WITH THE RECOMMENDATION THAT STAFF LOOK INTO MAKING IT 60 ALL THE WAY ACROSS. MAKE SENSE?
>> MOTION MADE. DO WE HAVE A SECOND?
>> I WILL SECOND. MOTION MADE FOR 60 MILES AN HOUR TO APPROVE AS PRESENTED WITH GIVEN STAFF DIRECTION TO HAVE CONVERSATION ABOUT EVENING OUT THE THROUGHOUT. SPEED LIMIT THROUGHOUT.
MOTION IS DENIED. IS THERE AN ALTERNATIVE MOTION?
>> I WILL MAKE A MOTION TO DENY AS PRESENTED AND MAKE A RECOMMENDATION TO STAFF THAT WE HAVE NEXT NORMALIZE TO 55 THROUGHOUT THE CORRIDOR FROM THE RED LINE ALL THE WAY TO PRESIDENTIAL PARKWAY.
>> I DON'T KNOW YOU NEED TO DO THAT. YOU DENIED THE ORDINANCE.
>> WE DIDN'T GIVE THAT SPECIFIC DIRECTION.
>> I WILL MAKE A MOTION TO DENY AS PRESENTED AT 60 AND DIRECT STAFF TO ENCOURAGE TO LOWER TO 55 FROM THE RED LINE TO PRESIDENTIAL PARKWAY, TO NORMALIZE THE CORRIDOR.
>> MOTION WAS MADE AND SECONDED.
[2025-201]
>> 2025-201. CONSIDER AN ACT UPON AN ORDINANCE THE CITY OF MIDLOTHIAN AMENDING ORDINANCES CHAPTER 12, TRAFFIC AND VEHICLES.
SPEED LIMITS, MAXIMUM ON SPECIFIC STREETS. NORTHWARD ROAD, CROSSROADS DRIVE, LOGISTICS DRIVE AND JOHN CLARK ROAD, PROVIDING REPEALING CLAUSE, RECEIVERIBILITY KLAUS, SAVINGS CLAUSE, PENALTY OF FINE NOT TO EXCEED $200.
>> THANK YOU. AS PART OF THE DEVELOPMENT OF
[03:15:04]
CROSSROADS, WHEN THE ROADS WERE BUILT OUT THERE, THE INITIAL POSTING ON THE ROADS WERE 30 MILES PER HOUR. THE MAJORITY OF THE ROADS ARE MAJOR COLLECTORS AND ABOVE.FOUR LANE UNDIVIDED ON LOGISTICS, JOHN CLARK ROAD AND CROSSROAD DRIVE AS WELL, WITH NORTHWARD ROAD BEING FOUR LANE AND TWO LANES GOING UP TO WEST MAIN STREET. THE INTENT WOULD BE TO MODIFY THE SPEEDS SOMEWHAT WITH MAIN STREET GOING -- I'M SORRY, WITH NORTHWARD GOING 40 MILES AN HOUR AND THE REMAINDER 35 WITHIN THE DEVELOPMENT. THIS IS SOMETHING WE CAN MONITOR AS WELL AS THINGS CONTINUE TO DEVELOP OUT AND IF ADJUSTMENTS ARE NEEDED.
WE WOULD COME BACK WITH RECOMMENDATIONS.
>> ANYBODY SIGN UP TO SPEAK? COUNCIL, QUESTIONS ON THIS SPEED LIMIT CASE? TAKE A MOTION.
>> MOTION MADE TO APPROVE AS PRESENTED BY COUNCILMAN
[2025-202]
SECRETARIED BY ROGERS. PASSES 7-0.>> 2025- 202, CONSIDERATION AND ACT UPON AUTHORIZING CITY MANAGER TO EXECUTE A PUBLIC IMPROVEMENT APARTMENT AGREEMENT BETWEEN MID LONE YAJ FOR RELOCATION OF A SEGMENT OF ETCHISTING WATER WATER LINES ALONG 1387 WITH CONFLICT ON THE SHOPS OF LAKE MASSEY HERITAGE.
>> THIS ITEM IS ONE THAT BACK IN APRIL WE CAME BEFORE COUNCIL FOR DOING A PROFESSIONAL SERVICE S S S AGREEMENT TO DESIGN 750 LINEAR FEET OF WATER LINES THAT ARE IN CONFLICT WITH THE DEVELOPMENT OF THE SHOPS OF MASSEY HERITAGE. WE HAVE A PUBLIC APARTMENT AGREEMENT BEFORE YOU WITH THE DEVELOPER OF THE SHOPS.
THE DEVELOPER WOULD BASICALLY MANAGE AND OVERSEE THE CONSTRUCTION OF THE PROJECT WITH THE CITY REIMBURSING THE DEVELOPER FOR 60% OF THE COST OF THE RELOCATION OF THE WATER LINES, WHICH WE ARE GOING TO TAKE A 12 AND 16, WE WILL COMBINE AND RELOCATE A 20-INCH WATER LINE. NEW EASEMENT OUTSIDE OF THE FUTURE RIGHT-OF- WAY ON 1387.
BASED ON THAT, THE DEVELOPER HAS RECEIVED -- HE RECEIVED QUOTES, FIVE QUOTES FROM UTILITY CONTRACTORS FOR THIS RELOCATION WORK.
WITH THE LOWEST APPARENT ONE COMING IN AT $340,135.
WITH THE CITY'S 60% BEING A LITTLE OVER $200,000.
STAFF IS RECOMMENDING CONTINGENCY ON THIS, THAT WOULD TAKE IT UP TO $229,081. WITH THAT, I WOULD BE HAPPY TO ANSWER QUESTIONS COUNCIL MAY HAVE.
>> ANYBODY SIGNED UP TO SPEAK? COUNCIL, QUESTIONS?
>> MAKING SURE, WE TALKED ABOUT THIS BEFORE.
THESE ARE IMPROVEMENTS THE CITY NEEDS TO DO TO GET OUT OF THE WAY OF PROPOSED EXPANSION OF FM 1387?
>> THIS WILL HAPPEN -- THIS IS SOMETHING WE HAVE TO DO IN THE FUTURE.
IT'S BEING ADVANCED BECAUSE OF WHAT THE IMPROVEMENTS THEY ARE DOING FOR THE SHOPS.
>> IT'S NOT SOMETHING THE DEVELOPER WOULD REQUIRE TO DEVELOP THE SITE? THEY COULD DEVELOP IT AS IT SITS TODAY?
>> CORRECT. THEY COULD DEVELOP IT. THE ISSUE IS THE IMPROVEMENTS THEY ARE DOING A TURN LANE. THAT'S CREATING A CONFLICT -- IT'S WITH OUR FACILITIES WITHIN THE
YOU. >> THIS IS A COMBINATION.
BEFORE WE WOULD PAY 100%. NOW WE PAY 60%.
>> MOTION ON THE TABLE FROM COUNCILMAN MOORMAN.
SECONDED BY COUNCILMAN WEAVER. PLEASE VOTE.
>> LET ME QUICK FOR THE SAKE OF THE MINUTES, COUNCIL MEMBER WICKLIFFE, AS THIS WAS BEING PRESENTED, REALIZED HE HAD A CONFLICT OF INTEREST.
THAT'S THE REASON HE STEPPED OUT.
HE WILL BE. CUTING THE AFFIDAVIT SHORTLY.
HE JUST DONNED ON HIM HE HAD THE CONFLICT.
>> THANK YOU. OPENING ITEM 2025 -- I GUESS
[2025-203]
ROSS IS GRABBING HIM. WE WILL WAIT.OPENING ITEM 2025-203. CONSIDER AND ACT UPON A RESOLUTION DIRECTING PUBLICATION AND POSTING OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR CONSTRUCTION OF FIRE STATION NUMBER 4 IN AN AMOUNT NOT TO EXCEED $15,500,000.
[03:20:02]
>> THANK YOU, MAYOR, COUNCIL. THIS IS OUR OBLIGATION -- CERTIFICATE OF OBLIGATION WE HAVE BEEN TALKING ABOUT FOR A WHILE FOR THE CONSTRUCTION AND EQUIPPING OF FIRE STATION NUMBER 4.
WE HAVE DULY POSTED OUR INTENT TO PROCEED WITH THIS.
WE HAD TO HAVE A 45- DAY POSTING WINDOW.
SO THIS WILL GO FORWARD AND COME BACK TO COUNCIL FOR CONSIDERATION ON AUGUST 26. WE DO HAVE A SUGGESTED MOTION LANGUAGE THAT OUR BOND ATTORNEY HAS PROVIDED FOR YOU.
I ALSO HAVE JACK HERE FROM SAMCO, HE WOULD LIKE TO GO THROUGH THE CALENDAR AND TALK A LITTLE BIT ABOUT THE NOI FOR THIS BOND SALE AND THEN IF THERE ARE ANY QUESTIONS FOR THE FIRE CHIEF, HE WILL BE GLAD TO ANSWER THOSE.
>> THANK YOU. MAYOR, COUNCIL, THANK YOU FOR HAVING US OUT TONIGHT. I WILL BE BRIEF WITH YOUR TIME. WE ARE HERE TODAY TO DISCUSS THE NOTICE OF INTENTION RESOLUTION.
WHAT THAT RESOLUTION DOES ISIS IN NO WAY ONLY GATES THE CITY TO ISSUE ANY DEBT. IT'S THE FIRST LEGAL STEPS THAT WE ARE REQUIRED TO TAKE IN THAT DIRECTION. AS ANN MENTIONED, IF THE NOTICE IS APPROVED, IT WILL BE FOLLOWED BY BEING POSTED IN THETHE NEWSPAPER FOR TWO CONSECUTIVE WEEKS AS WELL AS ON THE CITY'S WEBSITE.
THAT ALLOWS THE CITIZENS TO GET A CHANCE TO SEE WHAT'S GOING ON. IF THEY HAVE AN ISSUE WITH IT, THEN A 5% PETITION OF REGISTERED VOTERS WOULD THEN TRIGGER AN ELECTION FOR THESE BONDS. THE NOTICE ALSO OUTLINES THE LIMITS WE CAN BORROW, WHICH IN THIS CASE IS $15,500,000.
IT OUTLINES THE USES. WHICH IS THE FIRE STATION AND EQUIPPING THE FIRE STATION. WITH THAT, I'M HERE TO FIELD ANY QUESTIONS THAT Y'ALL MAY HAVE.
>> TAMMY, ANYBODY SIGNED UP TO SPEAK?
>> LISA HEELLY. >> COME FORWARD.
STATE YOUR NAME INTO THE MICROPHONE.
IF YOU LIVE IN THE CITY LIMITS. YOU WILL HAVE THREE
I LIVE IN CITY LIMITS. SURPRISE, I'M GOING TO ASK YOU TO VOTE AGAINST THIS RESOLUTION.
IT'S NOT THAT I DON'T BELIEVE WE NEED A FIRE STATION OR THAT IT NEEDS TO BE EQUIPPED.
MY CONCERN IS HOW WE ARE DOING THERE ARE GRANTS. WE GONE TO MCDC AND 4A? YOU CAN DO MCDC IF YOU HAVE THEM TRANSFER TO 4A.
THEY HAVE DONE IT IN OTHER CITIES.
YOU JUST SPENT A LOT OF MONEY AT THE LAST MEETING WHERE YOU COULD HAVE GOTTEN GRANTS FOR THAT FIRST RESPONDER MEMORIAL.
NOT SAYING WE DON'T NEED THAT. WE ACTUALLY -- WE DON'T NEED IT.
WE WANT IT. I REALLY THINK WE NEED TO PRIORITIZE OUR SPENDING. ALSO, OVER A MILLION DOLLARS FOR ENGINEERING OF A PARK. THAT'S A WANT, NOT A NEED.
CAN WE PLEASE GO BACK AND FIND A WAY TO BRING DOWN THAT $15.
5 MILLION NOTE DEBT? YOU ARE TAKING US AND FURTHER AWAY FROM TRYING TO REALLY MAKE A DIFFERENCE WITH OUR TAXES. YOU JUST KEEP SPENDING MONEY LIKE DRUNKEN SAILORS. PLEASE STOP DOING THAT.
PEOPLE DON'T HAVE THETHE FOR, AT YOUR POINT, AT THIS POINT, THINGS THAT ARE WHIMS, LIKE A PARK AND A MEMORIAL. YOU COULD HAVE FOUND OTHER WAYS TO FINANCE THOSE THINGS AND BROUGHT DOWN THIS DEBT. ON TOP OF THE $15. 5 MILLION, YOU ARE ALSO GOING TO BE ASKING TO TAKE OUT ANOTHER $6 MILLION. WHEN DOES IT STOP? WHEN WILL BE A DAY THAT YOU CAN SAY, THIS IS REALLY TOO MUCH FOR OUR TAXPAYERS? THIS IS NOT YOUR MONEY.
THIS IS THE TAXPAYERS' MONEY. YOU JUST KEEP SPENDING IT AND SPENDING IT.
I ASK FOR YOU TO PUT ON THE BRAKES, VOTE NO ON THIS AND FIND
[03:25:01]
OTHER WAYS TO FINANCE THIS AND NOT MAKE IT $15.5 MILLION.>> MAYOR, IF I MAY, ONE MORE THING.
THIS BORROWING THAT WE DON'T HAVE FINAL VALUES IN, WE ARE VERY CONFIDENT THIS CAN BE ACHIEVED WITHOUT ANY IMPACT TO OUR CURRENT TAX RATE.
>> QUESTIONS? HEARING NONE, I WILL TAKE A MOTION ON THIS.
>> I DO HAVE A QUESTION OF COUNSEL.
>> I DON'T TYPICALLY PLEAD ABOUT A LOT.
I WILL STATE FOR THE RECORD, BECAUSE I WANT YOU TO KNOW HOW I'M GOING TO VOTE AND WHY.
I THINK IT'S IN OUR BEST INTEREST TO PUT THIS BEFORE THE VOTERS.
IF WE WERE TO DO THAT, I WOULD PERSONALLY GO OUT AND CAMPAIGN I DON'T KNOW HOW THE VOTERS ARE GOING TO RESPOND TO THIS. I'M NOT RESPONDING WELL TO IT. I THINK THE VOTERS WILL MAKE THE RIGHT CHOICE, BECAUSE WE DO NEED THIS FIRE STATION.
I'M NOT QUESTIONING AT ALL THE PURPOSE OR THE INTEGRITY OR DECISION PROCESS OF ANY COUNCIL MEMBER HERE. THIS IS A WONDERFUL IDEA.
BUT I'M VERY CONCERNED ABOUT WHAT THIS WILL LEAD TO AS FAR AS FUTURE EXPENDITURES WITHIN RATIONALIZATIONS IN THE FUTURE WHEN WE ARE TALKING THIS KIND OF MONEY.
THAT'S ALL I HAVE TO SAY ABOUT IT.
QUESTIONS? >> I HAVE A MOTION.
I MOVE TO ADOPT THE RESOLUTION DIRECTING THE PUBLICATION AND POSTING OF NOTICE TO INTENT TO ISSUE CERTIFICATES OF OBLIGATION AAND THE AMOUNT NOT TO EXCEED $15. 5 MILLION.
>> WE HAVE A MOTION. IS THERE A SECOND? MOTION FROM THE MAYOR PRO TEM. SECONDED BY COUNCILWOMAN
[2025-204]
HAMMONDS. PLEASE VOTE.ITEM PASSES, 5-2. MOVING ON TO 2025-204.
>> WE WERE HAPPY ABOUT THAT. WE DID HAVE A SELECTION COMMITTEE OF MYSELF, THE ASSISTANT FINANCE DIRECTOR AND PURCHASING AGENT.
WE ALL REVIEWED THE PROPOSALS THAT WERE SENT IN.
YOU HAVE A COPY OF THE BID CRITERIA VALUATION AS THE ATTACHMENT THERE.
OUR AUDITORS THAT WE HAVE CURRENTLY DID WIN THIS BID.
NOT ONLY BECAUSE OF PRICE, WHICH THEY HELD STEADY FROM WHAT THEY HAD PROVIDED IN THE LAST TIME.
BUT BECAUSE OF THE QUALIFICATIONS AND THEIR EXPERIENCE WITH CITIES AND THE NUMBER OF YEARS THEY HAD BEEN IN BUSINESS.
I WILL SAY THAT OUR POLICY DOES REQUIRE US TO GO OUT EVERY FIVE YEARS AND DO THESE REQUESTS FOR PROPOSALS.
THAT WAS UP. THAT IS WHY WE HAVE GONE AHEAD AND DONE THAT.
I WILL BE GLAD TO ANSWER ANY QUESTIONS ANYONE MIGHT HAVE ABOUT THE PROPOSAL RESPONSES FROM THIS OR OUR OTHER VENDORS WHO ARE -- POTENTIAL VENDORS WHO RESPONDED TO IT.
>> THANK YOU. ANYBODY SIGN UP TO SPEAK? QUESTIONS OF STAFF?
>> I HAVE ONE QUESTION. HOW DOES THIS COMPARE TO --
>> COMPARED TO WHAT WE PAID IN THE÷÷THE PAST.
OUR CURRENT AUDITORS BID THETHE AMOUNT. THAT THEY HAD DONE FOR THE PREVIOUS FIVE YEARS. I WOULD LIKE TO SAY THEY SAID IT'S BECAUSE WE ARE SUCH A GOOD CLIENT AND EASY TO AUDIT. THEY KIND OF DID.
BUT THEY DIDN'T REALLY SAY THAT. IT IS VERY CONSISTENT.
IT'S A PRETTY GOOD BID COMPARED TO WHAT SOME OF THE OTHERS WERE BIDDING.
WE FELT FORTUNATE WE GOT THE THREE BIDS ANDAND THEY ALL VERY QUALIFIED FIRMS.
>> MAKE A MOTION TO APPROVE AS PRESENTED RECOMMENDED BY STAFF.
>> MOTION TO APPROVE IS PRESENTED BY COUNCILMAN
[03:30:02]
WEAVER. SECRETARIED BY SHUFFIELD.[2025-205]
THANK YOU, ANN.>> THIS IS BELIEVE IT OR NOT, I STARTED ABOUT TEN YEARS AGO. THIS IS ONE OF THE FIRST AGREEMENTS THAT I BROUGHT TO THE COUNCIL. THIS IS A 380 AGREEMENT.
WE ONLY HAVE TWO OF THE NATURE WITH THE CITY AND WITH HOME BUILDERS. IT IS A LITTLE DIFFERENT IN THAT THIS IS A WAY TO SHIFT SALES TAX TO A USE TAX.
USE TAX IS PAID IN THE CITY THAT YOU USE THE GOODS INSTEAD OF IN THE CITY WHERE THEY ARE SOLD.
THIS IS TAX THAT WE WOULD NOT BE ABLE TO COLLECT IF WE DIDN'T HAVE THIS AGREEMENT FOR THE USE TAX. IT BENEFITS THE CITY A LITTLE BIT LESS THAN IT DOES THE TYPE A AND TYPE B. THEY BUY LEGISLATION CAN'T HAVE THIS TYPE OF AN AGREEMENT AND SO EVERYTHING THAT'S DIVERTED TO THE CITY OF MIDLOTHIAN, THEY GET 100% OF IT.
THIS AGREEMENT THAT WE HAVE, HAD AND WE CURRENTLY DO HAVE IT, IT EXPIRES HERE SHORTLY. SEPTEMBER 30TH.
WE DO HAVE A PORTION THAT WE SEND BACK TO THAT BUILDER.
THIS ONE IS WITH FIRST TEXAS HOMES.
IT HAS BEEN BENEFICIAL TO US OVER THE YEARS. I JUST HAVE A LITTLE BIT OF INFORMATION ABOUT THE LAST YEAR, JUST SO YOU GET AN IDEA OF WHAT WE HAVE BROUGHT IN, THAT HAS STAYED WITH THE CITY.
WE HAVE RETAINED OVER -- ALMOST 58,000 IN TAX THAT WE WOULD NOT HAVE HAD.
I CONSIDER THAT -- IT'S NOT A GIANT AMOUNT OF MONEY. IT'S DEPENDENT ON HOW MANY HOMES THIS PARTICULAR BUILDER BUILDS IN OUR CITY. THERE'S ANOTHER ONE THAT'S OUT THERE. IF YOU CONTINUE TO BELIEVE THIS IS A GOOD FACILITY FOR US TO USE, THAT WILL BE COMING IN A FEW MONTHS FROM ANOTHER HOME BUILDER THAT DOES BUILD IN THE CITY OF MIDLOTHIAN. I WILL BE GLAD TO EXPLAIN ANY OF IT. THAT'S THE SIMPLE DIFFERENCE BETWEEN SALES TAX AND USE TAX.
>> ANYBODY SIGN UP TO SPEAK? QUESTIONS ON THIS CASE?
>> MAKE SURE I UNDERSTAND CORRECTLY.
THEY DO NOT PAY A SALES TAX TO THE MUNICIPALITY WHICH THEY PURCHASE THE MATERIALS?
>> THIS IS NOT A DOUBLE TAX. >> NO.
IT'S A USE TAX. THEY LITERALLY HAVE A TEXAS DIRECT PAYMENT PERMIT THAT THE STATE PROVIDES THEM. THEY DO ALL THE ACCOUNTING FOR IT.
THEY DEAL WITH THE AUDIT FROM THE STATE ON THAT.
IT'S LITERALLY JUST CHANGING SALES TAX INTO USE TAX AND SAYING, THIS IS THE CITY.
IF THEY USE THE MATERIALS HERE, THEN THE TAX COMES HERE.
>> MAKE A MOTION TO APPROVE. >> SECOND.
>> MOTION TO APPROVE BY COUNCILMAN WEAVER.
SECRETARIED BY COUNCILMAN MOORMAN. PLEASE VOTE.
[2025-206]
ITEM PASSES 7-0. >> THANK YOU.
>> 2025-206. CONSIDERING AND ACT UPON AUTHORIZING THE CITY MANAGER TO EXECUTE A --
>> THANK YOU. THIS IS BRINGING BACK THE CONTRACT THAT WAS SPOKEN ABOUT AT COUNCIL.
WE SET UP A SUBCOMMITTEE. MET WITH THE SUBCOMMITTEE.
WENT OUT TO PARKHILL TO GET THIS CONTRACT. THERE'S SEVERAL AS ITTINGS THAT GO INTO ENGINEERING THIS SIDEWALK ALONG FROM FIRST TO EIGHTH STREET ALONG AVENUE F. TASK ONE IS A TOPOGRAPHIC SURVEY. APPROXIMATELY 5. 3 ACRES THE ENTIRE RIGHT-OF- WAY FROM EIGHTH STREET DOWN TO FIRST.
ELECTRICAL STUDY THAT PREVENTS OPTIONS FOR RELOCATION OF OVERHEAD ELECTRICAL UTILITIES SO THAT WE CAN MAKE A BEST VALUEVALUE DECISION MOVING FORWARD WITH CONSTRUCTION DOCUMENT.
SEVERAL OF THE CONVERSATIONS WE HAD WAS MOVING -- POSSIBLY
[03:35:03]
MOVING THE UTILITIES TO ONE SIDE OF THE STREET, BURYING THE UTILITIES AND THOSE THINGS.THEY WILL COME BACK WITH SEVERAL OPTIONS AND A ROUGH ORDER OF MAGNITUDE ON COSTS. SCHEMATIC PLANNED SERVICES AND CONSTRUCTION. THAT'S FOR A FEE NOT TO EXCEED $276,000 -- $276,675. WITH THAT, I WILL STAND FOR ANY QUESTIONS.
>> ANYBODY SIGNED UP TO SPEAK? QUESTIONS OF COUNCIL? AS ARY MINDER, THE BELIEVE THE THE SUBCOMMITTEE WAS ROSS AND CLARK? NO? WHO WAS ON THE SUBCOMMITTEE? ROSS.
>> MOTION TO APPROVE AS PRESENTED.
>> DESIGN OF THE -- THESE ARE FULLY CONSTRUCTION DRAWINGS?
THIS IS FOR AN ENGINEERING CONTRACT.
>> AT THE END OF THIS, WE HAVE EVERYTHING WE NEED TO GO FORWARD?
>> IF YOU ARE A CONTRACT TORE. SOMEBODY.
>> OKAY. I THINK THAT'S WHERE WE GET INTO THIS, LET'S JUST GO THROW SIDEWALK OUT THERE AND HOPE FOR THE BEST.
IT IMPACTS THE DRAINAGE, THE GRADING --
>> NO, NO, NO. THAT'S NOT THIS. THIS IS ADA, DRAINAGE, THE WHOLE NINE YARDS.
>> CAN YOU -- JUST AS A REMINDER, THIS IS ONE SIDE OF THE STREET. AS CAUTION, THE DOWNTOWN MASTER PLAN SHOWS PATHS DOWN BOTH SIDES. NO UTILITIES ON EITHER SIDE. THIS IS ONE SIDE OF THE STREET. THANK YOU WHOEVER PUT THAT UP.
>> THIS IS ONE SIDE OF THE STREET.
>> GOING THROUGH THE ELECTRICAL STUDY WILL HELP US DETERMINE WHAT SIDE IS MORE ADVANTAGEOUS AND COST-EFFECTIVE.
>> WHAT DETERMINES THE SIDE OF THE STREET THE SIDEWALK GOES ON THAT DETERMINES -- WHAT SIDE OF THE STREET THE UTILITIES ARE BEST SERVED ON, THAT WILL HELP US DETERMINE WHERE THE SIDEWALK IS GOING TO GO. AFTER TOPOGRAPHIC SURVEY, THAT'S ONE OF THE NEXT THINGS IN THE SCOPE.
>> IT'S THE VIEW OF THE CORRIDOR TO REUTILIZE THAT INFORMATION IN
FUTURE -- ON THE OTHER SIDE. >> IS THAT CORRECT?
>> THAT'S A GOOD QUESTION. THERE WAS A SUBCOMMITTEE. THEY SAID, LET'S GO FORWARD WITH THIS. IT'S ON THE RIGHT-OF-WAY.
>> DID WE NOT INVOLVE THEM WHEN WE DID THE DOWNTOWN MASTER PLAN AND THEY CAME AND DID THE SURVEYS THAT DESIGNED THIS?
>> I JUST THINK THAT WHEN WE ARE TALKING AVENUE F, WHICH IS WHERE MOST -- SOME OF OUR MOST PROMINENT MEMBERS OF THE OLD COMMUNITY LIVE, ALL OF A SUDDEN, THAT SHOWS UP AND YANK CONCRETECONCRETE UP AND HERE WE ARE. IT WAS TALKED ABOUT EIGHT YEARS AGO. I DON'T THINK THEY WOULD PAY A LOT OF ATTENTION UNTIL IT STARTS HAPPENING AS WE WITNESSED TONIGHT. THEN ALL OF
[03:40:01]
A SUDDEN, IT'S A BIG PROBLEM. I WANT TO SEE STAFF -- I DON'T KNOW. MAYBE Y'ALL DISAGREE.>> THIS IS THE ENGINEERINGENGINE ERING PORTION. OBVIOUSLY, ONCE WE GET ENGINEERING BACK, WE WOULD POTENTIALLY MAKE A DETERMINATION WHETHER TO DO THE PROJECT OR NOT AND WHERE TO FUND IT FROM.
I BELIEVE IF WE DO PROCEED WITH DOING THE PROJECT, THERE NEEDS TO BE A COMMUNICATION PUSH, INFORMATIONAL PUSH TO THE COMMUNITY MEMBERS THAT IT WILL IMPACT.
>> THAT'S NOT PART OF THIS CONTRACT. I WANT TO BE CLEAR.
>> IS THIS NOT -- CORRECT ME IF I'M WRONG.
IS THIS NOT TAKING AN EXISTING SIDEWALK, REPRESENTING IT UP AND EXPANDING IT? MAYBE BURYING UTILITIES, POSSIBLY? WE DON'T KNOW YET?
>> THAT'S WIDENING AND EXISTING SIDEWALK AND MAYBE BURYING
>> WITHIN WIDENING THAT EXISTING SIDEWALK, BECAUSE OF LIVING IN OLD TOWN AND THAT REGION THERE ARE A NUMBER OF TREES RUNNING ALONGSIDE THE NARROW SIDEWALK NOW THAT ARE BIG TREES. ARE WE GOING TO CUT THE SIDEWALK AROUND THOSE TREES?
>> PEOPLE WILL BE WEAVING A LOT.
>> I THINK THE PRESERVING THE TREES WOULD BE BETTER THAN SOMEBODY HAVING A STRAIGHT SHOT.
>> I'M IN AGREEMENT WITH THE PROJECT.
IT'S IN THE DOWNTOWN MASTER PLAN. I'M IN AGREEMENT WE MADE THESE PUBLIC OPPORTUNITIES FOR THEM TO COME AND BE A PART OF IT.
>> ONCE WE DO THE ENGINEERING PLAN AND PAY FOR THAT, WE WILL HAVE DECIDED IT WAS HAPPENING.
WHICH IT WILL BUT I GUESS -- I THINK IT'S A LITTLE EASIER AND SAFER TO OPERATE WITH A LITTLE HONEY ON THE TABLE.
>> WHAT WOULD THAT LOOK LIKE TO YOU, MIKE?
>> I DON'T THINK THAT'S GOING TO WORK OUT WELL IF I DO THAT. YOU WANT ME TO DO THAT? I DON'T KNOW.
OBVIOUSLY, WHAT WE'RE TALKING ABOUT RIGHT NOW HERE, THIS IS PUBLIC RIGHT HERE.
THEY COULD HAVE CAME TONIGHT I GUESS AND SAID THEY DIDN'T LIKE IT OR WHAT ARE YOU THINKING OR WHAT ARE YOU GOING TO DO. I GUESS I'M -- I NEED TO ROLL WITH IT.
>> I VALUE THE INPUT. I'M NOT TRYING TO BE UNSENSITIVE AT ALL. I WANTED TO ASK THIS QUESTION ON ANOTHER ITEM TONIGHT. WHEN WE DO THE PLANS, IS THAT NOT THE INPUT? IF IT'S NOT, WE ARE SPENDING MONEY ON PLANS THAT WE GATHERED INPUT ON THAT WE DON'T VALUE THE INPUT ON.
>> I WANT TO MAKE SURE YOU KNOW I DON'T HAVE A PROBLEM WITH THE PLAN.
I'M WORRIED MORE ABOUT THE STAFF, THEM STAMPEDING IN HERE.
THERE WON'T BE A BUNCH. THEY WILL BEAT THE DESK AND IT'S NOT THEIR FAULT AT ALL.
>> I WAS ONE OF THE ONES WHO ORIGINALLY BROUGHT THIS -- I THINK WHEN WE ORIGINALLY GAVE DIRECTION TO STAFF TO LOOK INTO THIS AND BRING THIS BACK WITH NUMBERS. MY THOUGHT WAS SIMPLE.
I DON'T HAVE -- PERSONALLY HAVE EXTREMELY STRONG OPINIONS ABOUT DOWNTOWN.
HOWEVER, WE HAVE THE PLAN. MY THOUGHT IN THIS, JUST SPEAKING FOR MYSELF WAS, WE HAVE THE PLAN. LET'S GET MOVEMENT IN AREAS OF LOW COST WE CAN EXECUTE ON THE PLAN. THAT'S A GOOD THING.
IT'S AS SIMPLE AS THAT FOR ME.
>> ALLEN TOOK HALF OF WHAT I WAS GOING TO SAY. MAYBE THREE-QUARTERS.
WE SPEND A LOT OF TIME, EFFORT, PUBLIC MEETINGS, WORKSHOP, ADVERTISING. LORI MAKES A LOT OF POSTS TRYING TO GET OUR WORKSHOPS, THE COMP PLAN, DOWNTOWN MASTER PLAN, ALL THIS STUFF.
WE SOLICIT FEEDBACK. WE GO BACK AND FORTH.
THAT'S WHAT I LOOK AT HERE IS, WE HAVE A PLAN.
NOW WE ARE SAYING, IT'S TIME TO EXECUTE ON IT. WE WANT OUR DOWNTOWN TO BE WALKABLE. WE WANT OUR CITY AND MUNICIPAL AMENITIES CONNECTED FROM OUR LIBRARY ALL THE WAY TO KIMBALLPARK. THAT'S A HUGE BENEFIT.
THIS BENEFITS THE RESIDENTS OF THAT AREA MORE THAN ANYBODY.
ARE GOING TO HAVE AN EASIER WAY TO STROLL DOWNTOWN IF THEY CHOOSE, WEATHER PERMITTING. I WOULD NOT RECOMMEND IT IN JULY. DURING THE DAY.
I AGREE WITH ALLEN. WE ARE EXECUTING UPON AN ESTABLISHED PLAN THAT'S BEEN ADOPTED AND APPROVED.
[03:45:04]
>> WITH THIS ALSO, WILL THERE -- ONCE THE ENGINEERING COME ABOUT. I'M ASSUMING WE WILL HAVE ANOTHER POSSIBLY A PUBLIC HEARING ON EXECUTING THE FUNDS AND WHAT'S FIXING TO HAPPEN AT A LATER DATE.
>> I JUST CAN'T ANSWER THAT. I DON'T KNOW IF THERE WILL BE -- A REAL PUBLIC HEARING.
>> THE REASON I'M ASKING THIS, I'M ASSUMING BY LOOKING AT THIS PICTURE, THERE WILL BE SOME STAGED PARKING, POSSIBLY INSET PARKING.
>> ALONG HOUSES THAT AREN'T ACCUSTOM TO THAT NOW.
WE GOT THROUGH HEARING SEVERAL FOLKS WITH CONCERNS THAT THEY WERE EXPERIENCING THAT AT THEIR HOME AND THEY HAD TO GO OUT AND IN THEIR OWN WORDS TELL THEM TO LEAVE.
>> OUR EASEMENT. I GUESS THAT'S WHY I'M ASKING THESE QUESTIONS.
>> REMEMBER, THIS IS AN 80- FOOT RIGHT-OF-WAY. A HUGE RIGHT-OF-WAY.
>> I'M NOT SAYING WE DON'T HAVE THE RIGHT.
SOUNDS LIKE WE WILL ROLL WITH IT.
>> IF YOU SO CHOOSE, WE CAN DO ANOTHER PUBLIC MEETING AFTER -- NOT NECESSARILY PUBLIC HEARING, BUT A PUBLIC MEETING.
I WANT TO BE CLEAR, THAT'S NOT IN THE SCOPE OF WORK WE ARE LOOKING AT TONIGHT.
>> IS THE DESIGN AND ENGINEERING OF ON STREET PARKING IN THE SCOPE?
>> NO. THEY WILL LOOK AT THAT.
ONCE AGAIN, IT GOES BACK TO THEM HAVING -- ONCE THEY GET THE TOPO.
IT'S EASY TO STUDY A LOT OF THIS STUFF.
>> RIGHT. THE SCOPE OF WHAT WE ARE BEING ASKED TO APPROVE, SIDEWALK ON ONE SIDE OR THE OTHER AND RELOCATION OF
>> IF THERE IS GOING TO BE ON STREET PARKING THAT WOULD BE A SEPARATE CONTRACT?
>> IN THE FUTURE? WE'RE NOT SAYING TONIGHT WE WILL PUT PARKING SPOTS UP AND DOWN THAT --
[2025-207]
>> 2025-207. AUTHORIZE CITY MANAGER TO EXECUTE A CONSULTANT SERVICE AGREEMENT WITH GORDON HUETHER AND PARTNERS FOR THE FABRICATION, INSTALLATION OF THE FIRST RESPONDER MEMORIAL ART DISPLAY AT A COST OF $210,400.
>> THANK YOU. THIS IS WHAT WAS -- HAS BEEN BROUGHT TO YOU SEVERAL TIMES WITH MCDC GRANTS. THEY HAVE AGREED TO PAY FOR IT IN A GRANT AMOUNT OF $321,000.
THAT DOES INCLUDE DESIGN. THE COST OF INSTALLATION AND FORMULATING THIS AND FABRICATING THIS IS $210,400.
I'M LOSING MY MIND. THIS IS GORDON HUETHER IS OUT OF CALIFORNIA THAT WAS SELECTED THROUGH THE COMPETITIVE PROCESS. THEY HAVE COME UP WITH A SCHEMATIC FOR AN ART INSTALLATION THAT WILL BE AT THE ENTRANCE OF THE MIDLOTHIAN PUBLIC SAFETY COMPLEX. THERE'S ABOUT SIX ART PANEL TEN FOOT HIGH BY TWO FOOT WIDE IN WIDTH. SPEAKING WITH THE POLICE DEPARTMENT AND FIRE DEPARTMENT, THEY HAVE COME UP WITH SOME MONITORS THAT WILL GO ON THAT. RIGHT NOW, WE ARE TRYING TO GET THIS IN BY 9/11. I'M NOT SURE IF THAT'S GOING TO BE APPLICABLE OR NOT. KIND OF RUSHING.
WITH THAT, I WILL ANSWER ANY QUESTIONS.
>> ANYBODY SIGNED UP TO SPEAK? QUESTIONS?
>> THAT WAS A FUNDING FROM MCZC, THE GRANT.
>> MOTION TO APPROVE. >> SECOND.
>> MOTION TO APPROVE IS PRESENTED BY COUNCILWOMAN HAMMONDS. SECONDED BY MOORMAN. PLEASE VOTE.
[2025-208]
ITEM PASSES 7-0. 2025-208, CONSIDER AND ACT UPON AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT WITH STEEL AND FREEMAN FOR CONSTRUCTION SERVICES OF THE PUBLIC SAFETY AND COURTS FACILITY IN AN AMOUNT NOT TO EXCEEDTHIS IS THE PHASE -- WE CALL IT PHASE 2.1. TRYING TO GET OUT AHEAD OF IT.
THIS IS FOR THE DEMO OF THE CURRENT POLICE STATION AS WELL AS POURING BACK PAVING -- PARKING AREAS AND PAVING. AT A DIFFERENT POINT, WE
[03:50:01]
WILL COME BACK AND BRING A CONTRACT FOR THE TRAINING BUILDING, COMPLETING THE TRAINING BUILDING, WHICH IS THE BUILDING BEHIND THE OLD CHURCH.THIS IS FOR THE DEMO OF THE CURRENT PD.
QUESTIONS. >> ANYBODY SIGNED UP TO SPEAK? COUNCIL, QUESTIONS ON THIS?
>> HOW MUCH -- PARKING LOT CONSTRUCTION.
HOW MUCH PARKING LOT ARE WE CONSTRUCTING?
>> NO. EVERYWHERE WHERE THE BUILDING IS. THE CURRENT PD.
WE ARE NOT RECONSTRUCTING ALL THE PAVEMENT WHERE THE PD HAS BEEN PARKING TO THE SOUTHWEST OF THE CURRENT CHURCH. THAT'S GOING TO REMAIN. IT'S EVERYTHING -- BASICALLY, WE WILL CONTINUE ON WHERE THE NEW PARKING IS AND MOVE SOUTHWEST.
BASICALLY, THE FOOTPRINT OF THE CHURCH.
>> THIS IS 100% FUNDED OUT OF THE BOND FUNDS.
>> BOND AND ACCRUED INTEREST, YES, SIR.
IS THERE A MOTION? >> NO, NO, NO.
>> I WILL MAKE A MOTION TO APPROVE AS PRESENTED.
MOTION MADE BY MYSELF TO APPROVE. SECONDED BY COUNCILWOMAN HAMMONDS.
[EXECUTIVE SESSION]
PLEASE VOTE. ITEM PASSES 7-0. WE ARE MOVING INTO EXECUTIVE SESSION. CITY COUNCIL WILL CONVENE INTO EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS OF THE TEXAS GOVERNMENT CODE.DISCUSSED IN CLOSED SESSION. ANY AND AUM ACTION WILL BE TAKEN AT REGULAR OPEN SESSION. TONIGHT, WE ARE ADDRESSING TWO ISSUES. NUMBER TWO, SECTION 551. 072, REAL ESTATE DELIBERATION TO THE PURCHASE, EXCHANGE OR LEASE OF REAL PROPERTY WITHIN CITY LIMITS OF MIDLOTHIAN, TEXAS. AND NUMBER FOUR, SECTION 551. 072, DELIBERATION REGARDING REAL PROPERTY TO DELIBERATE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY WITHIN CITY LIMITS OF MIDLOTHIAN, TEXAS, PROJECT 0426.
>> WE ARE BACK AT 10:11 P.M. FROM EXECUTIVE SESSION. THERE IS NO ACTION TO BE TAKEN ON ITEM 4 SECTION 551.072. BUT THERE IS ACTION ON SECTION 2 551.07 TO REAL ESTATE DELIBERATION REGARDING REAL PROPERTY TO DELIBERATE THE PURCHASE EXCHANGE LEASE OR VALUE OF REAL PROPERTY LOCATED WITHIN THE CITY LIMITS OF MIDLOTHIAN, TEXAS. WE HAVE A MOTION?
>> I'M OF THE CITY MANAGER BE AUTHORIZED TO EXECUTE AGREEMENT WITH EDWARD MARTIN MAYNARD TO PURCHASE A 0.103 ACRE TRACT OF LAND FOR A PERMANENT DRAINAGE EASEMENT AND 0.055 ACRE TRACT OF LAND FOR A TEMPORARY CONSTRUCTION EASEMENT BOTH BEING LOCATED OUT OF THE JOHN H JOHN'S SURVEY 86 . WITH ASSOCIATION ROADWAY PROJECT PLUS PAYMENT OF ALL RELATED CLOSING COSTS. THE CITY MANAGER IS FURTHER AUTHORIZED TO EXECUTE ON BEHALF OF THE CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AGREEMENT IN THE TITLE COMPANY NECESSARY TO CLOSE THIS
>> MOTION MADE AND SECONDED. PASSES 7-0. SAME AGENDA TOPIC
ITEM? >> I MOVE THE CITY MANAGER BE AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH WOOD TO PURCHASE A .367 WATERLINE EASEMENT AND TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT WITHIN THE PW LO SURVEY 661 CITY OF MIDLOTHIAN, TEXAS, PURCHASE PRICE $30,000 IN ASSOCIATION WITH CONSTRUCTION OF THE MOCKINGBIRD LANE ROADWAY PROJECT PLUS PAYMENT OF ALL RELATED CLOSING COSTS. THE CITY MANAGER HAS FURTHER AUTHORIZED CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AGREEMENT AND THE TITLE COMPANY AS NECESSARY TO CLOSE
THIS TRANSACTION. >> SECONDED BY COUNCILMEMBER WEAVER. PLEASE VOTE. THE ITEM PASSES 7-0. THAT'S ALL THE BUSINESS FOR THIS EVENING. AT 10:14 WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.