[C. Consider and act upon authorizing the City Manager to enter into an agreement with Steele & Freeman, Inc. for renovations of the city facility located at 100 W. Avenue F (“Facility”) at a cost not to exceed $500,000.]

ITEM C IS CONSIDERED CITY MANAGER TO ENTER INTO AGREEMENT FOR RENOVATIONS OF CITY FACILITY AT 100 WEST AT A COST NOT TO EXCEED 500,000. QUESTIONS THERE?

>> I KNOW NGC ASKED FOR THE BODY APPROVED OF $2,500,000.

WE START ENTERING INTO CONTRACTS NOT TO EXCEED THE MAXIMUM AMOUNT IN CHECKBOOK THAT IS TO CAUSE US TO SPEND THE MAXIMUM AMOUNT IN THE CHECKBOOK AND SO MAY BE IS THAT A REQUIREMENT SINCE THAT WAS THE ALLOCATED FUNDS TO GO AHEAD AND GO BIT AT THE DOLLAR FIGURE, "CAN WE DO THESE AGREEMENTS TO SAY, HEY, GO TELL US WHAT IT WILL COST IN FOR COMES OVER WE CONFIRM BUT UNDER

THE MAY HAVE SOME SAVINGS. >> WE COULD DO IT THAT WAY BUT E THEY BUILD. SO THERE'S A BODY OF WORK WITHIN THIS HV AC KNOCKING ALSO WANT TO ENCOMPASS WHAT WE THOUGHT WOULD BE THE TOTAL MAXIMUM THAT COULD BE SPENT IN THAT AREA.

AND I HAVE NO DOUBT IT WILL COME IN UNDER THAT.

BUT THIS IS A FORM THAT WE CAN PROCURE DESIGN SERVICES AND CONSTRUCTION SERVICES WITHOUT HAVING TO GO THROUGH JUST A MULTIFACETED DANCE. HIGHER DESIGN PROFESSIONAL,

[00:15:02]

DESIGN THAT AND HIGHER CMA ARE OR CONSTRUCTION FIRM TO BUILD IT SO IT'S A LOT EASIER AND SHOULD BE A LOT MORE EFFICIENT DOING IT THIS WAY. SO THAT'S WHY WE'RE HEAR, HEAR.

>> I'M PERFECTLY FINE WITH THEM DESIGNED ON CONCEPT.

I'M JUST SAYING CANNOT DO IT WITH THE SCOPE OF WORK WITHOUT SAYING, HEY, BY THE WAY YOU CAN FLUSH OUT TURTLE 500 GRAMS.

>> THIS IS TOTAL MAXIMUM. WE'RE NOT JUST SAYING SCOPE OF WORK GO UP TO 500,000. THIS IS TO ENCOMPASS WHAT COULD POTENTIALLY BE IN THERE SO DON'T WANT TO HAVE TO COME BACK.

IF WE HAVE TO COME BACK IN THE MIDDLE OF THE PROJECT IS PROBABLY A MONTH AWAY! THIS IS JUST A WAY OF GETTING THAT THROUGH THE MOST EFFICIENT WAY WE SEE POSSIBLE.

>> BUT WE CAN'T REQUEST THIS TYPE OF CONTRACTOR SERVICE WITHOUT TELLING THEM WHERE THE CEILING IS.

>> I DON'T BELIEVE YOU CAN. I DON'T KNOW IT CONTRACT WILL BRING TO YOU FROM DESIGN BUILD CONTRACT WE DON'T HAVE A CEILING ON IT. WE WOULD BASICALLY I THINK THAT WOULD BASICALLY ALMOST BE A BLANK CHECK.

IF YOU ARE TO PUT IT SOME POINT YOU HAVE TO PUT A CEILING ON IT.

>> AT THAT POINT WOULD BE USING ONE OF THE OTHER PROCUREMENT METHODS. WE WOULD DESIGN IT FOR A PRICE AND GO BIT AND GET ANOTHER PRICE TO CONSTRUCT SO IT WOULD NOT BE

DESIGN BUILD. >> SO THE GOAL OF THIS WAS TO COMBINE THE TWO TO CREATE SAVINGS?

>> YEAH, ESSENTIALLY. JUST BE MUCH MORE EFFICIENT.

SO YOU HAVE TO ENTER INTO SEPARATE CONTRACTS AND THOSE TYPE OF THINGS AND WE HAVE TO BRING BACK MULTIPLE CONTRACTS TO YOU OVER TIME IF THAT MAKES SENSE.

>> ANYBODY ALSO ITEMS ISSUES WITH THE ITEMS YOUR QUESTIONS ITEM SEE? TAKE A MOTION ON IT.

>> MOTION APPROVED SECONDED BY COUNCILMAN WEAVER.

PLEASE VOTE. ITEM PASSES 6-0.

[2026-085 Conduct a public hearing and consider and act upon an ordinance amending the development and use regulations of a 1.707+ acre portion of Planned Development District No. 179 (PD-179) for a Gas Station with Convenience Store Use. The property is generally located at the southwest corner of West Main Street and US Highway 67 Southbound Service Road. (Z35-2025-088)]

THANK YOU ROSS. THANK YOU CLYDE.

MOVING ON TO OUR PUBLIC HEARINGS.

2026-85 CONDUCT A PUBLIC HEARING AND CONSIDER ACT UPON ORDINANCE AMENDING THE DEVELOPMENT AND USE REGULATIONS OF 127-07, PLUS-MINUS PROPORTION PLAN DEVELOP AND 179 FOR A GAS STATION WITH CONVENIENCE STORE USE, SOUTHWEST CORNER OF MAIN STREET AND U.S. HIGHWAY 67 SOUTHTOWN SERVICE ROAD.

>> THANK YOU MAYOR. GOOD EVENING COUNCIL.

THIS REPRESSES FIRMAMENT TO 179 FOR GAS STATION AND C STORE USE.

THIS INCLUDES DETAILED SITE PLAN, ELEVATION PLAN, LANDSCAPE PLAN AND SIGN FROM. THE SITE IS ABOUT 1.7 ACRES IN THE GUIDING FEATURE 235 DESIGNATES THIS AS REGIONAL MODULE WHICH ENCOURAGES MIXED COMMERCIAL ALONG ARTERIAL AND REGIONAL THOROUGHFARES. IT IS COMPATIBLE WITH SURROUNDING ZONING AND LAND USES AND ON THE RIGHT OF YOUR SCREEN IT IS THE STRIPED ORANGE PROPERTY.

AS YOU CAN SEE IN THE SLIDE THE SITE IS IN THE HIGHLIGHTED YELLOW BORDER. AND THEN TO THE SOUTH AND THE EAST, SORRY SOUTH AND WEST IS PD 109 WHICH THE SITE IS A PART OF.

TO THE NORTH IS ZONED COMMERCIAL WHICH IS CURRENT LOWS TRAVEL STORE, AND THEN TO THE EAST IS U.S. HIGHWAY 67 WHICH DOES NOT HAVE A ZONING DISTRICT. AND FURTHER EAST IS PD 171.

THIS PROPOSED DEVELOP DOES FOLLOW MULTIPLE OF THE GUIDING OUR FUTURE WITH 2045 GOALS AND STRATEGIES WHICH INCLUDES FOCUSING ON MAJOR THOROUGHFARES IS IMPORTANT ENTRIES INTO THE CITY, ENHANCING DEVELOPED STANDARDS ALONG WITH THOROUGHFARES, ATTRACTING AND RETAINING HIGH-PAYING EMPLOYMENT OPPORTUNITIES ALONG WITH DIVERSIFYING EMPLOYMENT-BASED.

AND ON THE RIGHT OF YOUR SCREEN IS THE FUTURE NEWS BACK LAYER OVER IT IN THE LOW OUTLINES WILL SHOWING THAT'S ALL REGIONAL MODULE AROUND THE SITE. HERE'S THE SITE PLAN.

IS ABOUT 6400 SQUARE FEET OF A BUILDING ON 1.7 ACRES.

AND THEN IN THE FRONT YOU CAN SEE IS THE GAS STATION PUMPS.

ZONING HISTORY STARTS IN 1984 WHEN IT WAS REZONED FROM RESIDENTIAL TO PD FOUR FOR LIGHT INDUSTRY LIMIT MULTIFAMILY USES.

A YEAR LATER IT WAS AMENDED TO INCLUDE MASONRY AND PARKING REGULATIONS. IN 2025 IT WAS REZONED FROM PD FOUR TO 179 FOR COMMUNITY RETAIL USES.

[00:20:01]

GA IT WAS COMPLETED AND REVIEWED WITH THE PROPERTY WAS REZONED TO PD ONE OH 79 AND 2025 AFTER OF HER PLAN DOES DESIGNATE WEST MAIN STREET'S EXISTING HIGHWAY AT THIS LOCATION.

ON THE RIGHT OF YOUR SCREEN YOU CAN SEE A RENDERING SHOWING THE ELECTRO-EQUIPMENT WILL BE SCREENED.

HERE THE ELEVATIONS AND ALL FOUR SIDES OF THE BUILDING.

AND HERE'S A SIDE JUST SHOWING INITIAL ELEVATIONS THAT QUIKTRIP CAME IN WITH ON THE LEFT AND THE PROPOSED ELEVATIONS COMING TO YOU TONIGHT ON THE RIGHT TO KIND OF SHOW HOW STAFF HAS BEEN WORKING WITH THEM THROUGH THIS PROCESS.

HERE'S THE ELEVATIONS FOR THE GAS STATION PORTION OR SORRY THE FUEL PUMPS. THEY ARE ASKING FOR A VARIANCE FOR THE LANDSCAPE REQUIREMENTS WITHIN PD 179 WHICH REQUIRES STREET TRAITS ALONG U.S. HIGHWA. PROPOSING SHRUBS ALONG 67 INSTEAD OF TREES DUE TO MULTIPLE UTILITY LINES OVERHEAD AND UNDERGROUND. TO KIND OF AVOID THOSE UTILITY EASEMENTS. STAFF SUPPORTS THIS REQUEST TO NOT DISRUPT THE UTILITIES AND YOU CAN KIND OF ON THE RIGHT HERE'S THE LANDSCAPE PLANS TO SEE THE SHRUBS OVER HERE AND THE TREES DOWN HERE. THEY'RE ASKING FOR PARKING VARIANCE REQUEST TO ZONING ORDINANCE.

ZONING ORDINANCE DOES REQUIRE 25% INCREASE OR TO EXCEED 25% ABOVE MINIMUM PARKING. THEY'RE ASKING FOR A TOTAL OF 50 SPACES. STAFF PARTIALLY SUPPORTS THIS REQUEST AND IS RECOMMENDED THAT PARKING COUNT DOES NOT EXCEED 41 SPACES. USING NINE SPACES ON THE BACKSIDE IS DESIGNATED TRUCK PAY FOR DELIVERIES TO IMPROVE TRUCK CIRCULATION. ON THE BOTTOM OF YOUR SCREEN STAFF WENT TO VARIOUS QUICK TRIPS WITHIN THIS AREA AND FOUND FIVE. AND WE GOT TO STORE SQUARE FOOTAGE IN THE PARKING SPACES. WE DID VISIT THE SITES DURING PEAK HOURS TYPICALLY EARLY MORNING TO ABOUT LUNCH TIME FOR A GAS STATION AND FOUND THAT A LOT OF THE PARKING WAS NOT USED ABOUT 50% DURING THESE TIMES. THIS IS GOING TO BE THE LARGEST STORE COMPARED TO THOSE STORES. AND OTHER TOP OF YOUR SCREEN I HAVE A THREAT CIRCLE WHERE PNC RECOMMENDED THE TRUCK BIG GOES.

I WILL GO INTO THAT A LITTLE MORE HERE.

SO THE BLUE IS WHERE STAFF RECOMMENDED THE TRUCK THEY WENT LAST WEEK WHEN IT WENT TO PNC. THE GREEN OVAL WILL BE WHAT PNC RECOMMENDED, AND THE RED IS WHAT QUIKTRIP REQUESTED AFTER PNC LAST WEEK. THIS NOT IN THE ORDINANCE.

THEY START OUT PROPOSED CHUCK BERRY HERE BECAUSE IT WAS SENT AFTER THE PACKET WAS DO. THIS IS WHAT STAFF RECOMMENDS BASED ON THE RECOMMENDATION, SOME MORE OF A TRUCK THEY THEY CAN GO IN SMOOTHLY AND COME OUT RIGHT THERE.

THEY'RE ASKING FOR ASSIGNED VARIANCE REQUESTS FROM SECTION TO A FORM FOR ADDITIONAL MONUMENT SIGN ALONG WEST MAIN STREET TO PROMOTE THEIR GAS PRICES.

IT WILL BE 13 AND A HALF FEET IN HEIGHT INTERNALLY LIT AND NOT INCLUDE FLASHING OR INTERMITTENT LIGHTING.

THEY'RE ASKING FOR A VARIANCE FROM ZONING ORDINANCE TO ALLOW CABINET SIGNS AND UTILIZE THREE SQUARE FEET OF TOTAL SIGN AREA PER ONE LINEAR SQUARE FOOT FOR BUILDING LESS THAN A THOUSAND SQUARE FEET BUT NOT TO EXCEED 300 SCRUFFY AND INCLUDE A BEER WALL SIGN. THIS INCLUDES THE CANOPY SIGNAGE. THEY'RE ASKING FOR A VARIANCE FROM THE ZONING ORDINANCE TO ALLOW TWO DIGITAL GAS PRICE SIGNS ON THE CANOPY. STAFF TO SUPPORT THIS REQUEST BECAUSE THE BOTTOM CHART YOU CAN SEE THEY ARE NOT EXCEEDING THE MAXIMUM ASSIGNED SQUARE FOOTAGE. HERE ARE THE RENDERINGS OF THE SENTINEL IF SIGN. IT WILL BE THE MONUMENT SIGN AND THE QUIKTRIP SIGNS ON THE RIGHT. HERE THE GAS CAN ACHIEVE SIGNAGE AND ON THE BOTTOM UP WITH THE ELEVATION SO YOU CAN SEE HOW WOULD LOOK. AND THEN ALL THE CIRCLES WILL BE SIGNAGE. THIS IS THE MONUMENT SIGN, GAS CANOPY SIGNAGE AND THEN THE BUILDING SIGNAGE.

AND THEN THIS LITTLE GRAPHIC HERE SHOWS THOSE ADVERTISING SIGNS YOU TYPICALLY SEE WHEN PUMPING GAS ARE NOT COME TO BE VISIBLE FROM WEST MAIN STREET OR 67 BUT FACING THE C-STORE INSTEAD. HERE ARE SOME RENDERINGS THAT GIVE A GOOD IDEA OF WHAT THE PROPOSED DEVELOPMENT WILL LOOK LIKE. THESE ARE NOT INCLUDED IN THE ORDINANCE. WE DID SEND SIX POSTCARDS OUT TO PROPERTY OWNERS WITHIN 200 FEET AND HAVE NOT RECEIVED ANY CORRESPONDENCE. STAFF RECOMMENDS APPROVAL SINCE IT IS CONSISTENT WITH FUTURE MAP COMPATIBLE WITH THE ZONING LAND USE IS CONSISTENT WITH POLICIES. STAFF WOULD LIKE TO KNOW WE SUPPORT THE LANDSCAPE AND SIGNAGE VARIANCE REQUEST AND INCREASE IN PARKING FROM ZONING ORDINANCE REQUIREMENTS.

[00:25:01]

NOT TO EXCEED 41 SPACES WITH INCLUSION OF A TRUCK DAY IN ACCORDANCE WITH SECTION 4.5609. PLANNING AND ZONING COMMISSION LAST TUESDAY RECOMMENDED APPROVAL WITH CONDITION TRUCK THEY'LL BE INCLUDED ON THE WEST SIDE WITH A VOTE OF 6-0.

I AM APPEAR FOR QUESTIONS. THE APPLICANT IS HERE AND HAS A

ROAN PRESENTATION. >> THIS IS A PUBLIC HEARING.

NOBODY FROM THE PUBLIC'S INTEREST BE? SINCE NO PUBLIC INPUT I WOULD TAKE A MOTION TO CLOSE THE

PUBLIC HEARING. >> MOVED TO CLOSE PUBLIC HEARING. SECONDED BY WEAVER.

COUNCILMAN WEAVER PLEASE VOTE. PUBLIC HEARING CLOSES 6-0.

APPLICANTS HERE WOULD LIKE TO MAKE A PRESENTATION?

>> RIGHT HERE? IT IS YOU.

>> SPEAKER-09: BRENDAN WITH QUIKTRIP.

I'M A REAL ESTATE PROJECT MANAGER.

I WANT TO START WITH THANKING THE STAFF.

THEY HAVE BEEN A GREAT. MERRYMAN IS NOT HERE FOR PERSONAL REASONS BUT THEY HAVE BEEN JUST GREAT THROUGHOUT THIS WHOLE PROCESS. COULDN'T ASK FOR ANYBODY BETTER TO WORK WITH. RIGHT NOW WHAT WE WILL ASK FOR HIS WE WOULD LIKE TO KEEP THE TRUCK BACK AS PRESENTED WITH NINE SPOTS AND LEAVE FOUR SPOTS LEFT.

I THINK THAT'S PRETTY MUCH MEETS THE OBJECTIVE OF BOTH PARTIES.

I WOULD LIKE TO STRIP THE LITTLE OVERVIEW OF WHAT WE'RE DOING HERE. QUIKTRIP IS EXCEEDING MOST CITY REQUIREMENTS AND PROVIDING MORE THAN MOTHER CODE AND STANDARDS CALL FOR. QUIKTRIP PROPOSAL REPRESENTS AN IMPROVEMENT TO THE OVERALL REGIONAL PLANT PD WITH THE EXTRA LANDSCAPING ENHANCED DESIGN, OPERATIONS AND OVERALL FUNCTIONALITY. QUIKTRIP SITE PLANO PERFORMS RECENTLY APPROVED COMPETITOR. WE ARE OFFERING SUPERIOR SITE CIRCULATION LAYOUT COMPLIANCE WITH CITY EXPECTATIONS.

REQUEST FOR CHANGE TO REMOVE PARKING DOES NOT IMPROVE THE SAFETY OR FUNCTIONALITY OF THE OVERALL SITE.

MEETING THE PARKING AS PROPOSED SUPPORTS SAFER VEHICLE MOVEMENTS IMPROVES TRAFFIC FLOW AND MORE EFFICIENT SITE OPERATIONS.

THE QUIKTRIP SITE PLAN WE ARE PROPOSING HAS ADDITIONAL PARKING FOR HIGHER CUSTOMER VOLUMES SAVING WITH A TOTAL OF 45 PERKS WITH ADDITION OF 18 BY 50 LOADING ZONE.

QUIKTRIP HAS 180% OF REQUIRED LOADING ZONE FROM THE ORDINANCE.

THE TRUCK MANEUVERABILITY WITHOUT SACRIFICING PARKING HERE. TO A COMPETITOR THAT CAME IN RECENTLY RIGHT NOW WE ARE OFFERING THE LOADING ZONE 50 BY 18 FEET, ALMOST TWO TIMES THE CODING ENVIRONMENT.

LOADING ZONE LOCATED INTERNALLY AWAY FROM THE RIGHT-OF-WAY FOR THE QUIKTRIP, THE COMPETITOR LOADING ZONE WAS ADJACENT TO THE RIGHT-OF-WAY. WE ARE OFFERING A DOUBLE ROW OF SCREENING FOR THE SHRUBS COMPARED TO A SINGLE ROW SCREENING FOR THE SHRUBS. WE DID PROPOSING 45 TREES COMPARED TO THE REQUIRED 19 AND COMPARED TO THE COMPETITOR MET THE MINIMUM OF 17 TREES FOR THE 17 REQUIRED.

YOU CAN SEE THE COMPARISON FOR WHAT THE PD HAS COMPARED TO WHAT WE ARE PROPOSING. THE PD ORIGINALLY IN THE VISUAL HAD 56 PARKING SPACES AND NO LOADING ZONE.

QUIKTRIP WE ARE PROPOSING 45 WITH AN ENHANCED LOADING ZONE

JUST BEHIND THE DUMPSTERS. >> I'M SORRY TO INTERRUPT.

'S TRUCK THEY AND YOU LOADING ZONE THE SAME THING?

>> YES, SIR. I APOLOGIZE.

KIND OF REDUNDANT A LITTLE BIT BUT THE REQUIREMENT FOR THE PLANTED TREES IS 19 AND WE ARE PROVIDING 45.

KIND OF THE SAME THING WITH SINGLE ROW OF SHRUBS COMPARED TO WHAT WE ARE PROVIDING IS DOUBLE ROW OF SHRUBS.

SCREEN PERCENTAGE REQUIREMENT OF 75 AND WE ARE AT 80 PERSON.

THE LOADING ZONE CAPACITY IS TEN BY 25.

WE'RE DOING 18 BY 50. YOU CAN SEE THE SITE PLAN BUT WE ARE PROPOSING, WITH THE LOADING ZONE IS GOING TO BE AND IT LEAVES FOUR PARKING SPOTS. THIS IS A MOST DOUBLE LUTZ REQUIRED IN THE ORDINANCE. WE DID A COUPLE OF AUTO TURNS TO

[00:30:01]

SHOW WHAT A 24-FOOT DROP WITH US TYPICAL FOR MAIN STREET TO TURN THE HERE AND ABLE TO PARK. DELIVERY TRUCK CLEARS WITHOUT REMOVING ANY ADDITIONAL PARKING DOWN SOUTH.

IT WORKS FOR BOTH STANDARD VENDOR TRUCKS AND LARGER WHICH I'LL GET TO A SECOND. THE SAME AUTO TURNS COMING IN FROM SERVICE ROAD OF 67. THE SAME THING.

WE DON'T HAVE ANY PROBLEMS GETTING THIS IN HERE WITH THAT.

THIS ALSO SHOWS A 39-FOOT TRUCKS WHICH ARE MORE OF THE LARGER TRUCKS, BEER TRUCKS AND COKE DELIVERY TRUCKS.

WITHOUT HER TURN THAT THE ENGINE PUT TOGETHER THERE'S NO PROBLEM GETTING IN AND OUT OF HERE. SAME THING FROM 67 ALSO HERE.

COMING IN HERE AUTO TURN WORKS JUST FINE WITH 39-FOOT TRUCK.

JUST WANT TO CLOSE. THE CURRENT SITE PLAN WE ARE REQUESTING. IT EXCEEDS CODES AND FUNCTIONS OPERATIONALLY, IMPROVES UNCOMFORTABLE RECENT DEVOUTNESS CONNECT AND PROVIDES TRUCK MANEUVERABILITY.

I APPRECIATE YOU TAKING THIS INTO CONSIDERATION AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE SPENT THANK YOU.

COUNCIL QUESTIONS OF STAFF FOR THE APPLICANT? I BELIEVE TONIGHT WE ARE DISCUSSING MAINLY THE CHUCK BERRY PARKING SPOTS AND SIGNAGE VARIANCES THAT ARE OPEN.

THIS IS OBVIOUSLY BY RIGHT FOR THE ZONING THE CURRENT PLAN

DEVELOPMENT. >> ETIQUETTE IS BY RATE WITH DETAILED SITE PLAN IF I REMEMBER CORRECTLY.

I WOULD AGREE MR. MAYOR. WE ARE DISCUSSING THE DETAILS OF THE SITE PLAN AS THEY RELATE TO VARIANCES OF THE CODE.

I WANT TO CLARIFY A COUPLE THINGS.

IN READING PD 179 WHICH IS RIVETING.

I HIGHLY RECOMMEND EVERYBODY GET THROUGH THAT PAGE TURNER.

BUT THERE'S A SPECIFIC REFERENCE TO CANOPY SIGNS.

IT SAYS CANOPY SIGNS SHALL BE TREATED AS BUILDING SIGNS FOR THE PURPOSES OF THIS ORDINANCE. SO NOW WE HAVE ANOTHER PARAGRAPH THAT INDICATES THAT NOT MORE THAN TWO BUILDING SIGNS WILL EXIST ON ANY BUILDING WITHIN THE PD.

THAT MAKES SIX. ROMICK PUT TWO ON THE CANOPY AND FOUR ON THE FACADES OF THE BUILDING EVEN THOUGH THERE'S TWO FACING THE SAME DIRECTION IT IS TO MAKE SEPARATE SIGNS.

I DON'T SEE THAT LISTED AS ONE OF THE VARIANCES.

IT TALKS ABOUT SIZE AND TALKS ABOUT DIGITAL MESSAGING BUT DOESN'T ACTUALLY GO INTO THE FACT THE DAY'S ORDINANCES ARE BEING EXCEEDED BY A FACTOR OF 300% ON THE TOTAL VOLUME OF SIGNS ON ANYONE BUILDING THE PROJECT THAT'S STAND-ALONE.

THAT'S KIND OF WHERE NOT ONLY ARE WE EXCEEDING THE MAXIMUM SQUARE FOOTAGE OF SIGNS IN TWO LOCATIONS.

NOW WE HAVE SIX VERSUS FOUR. THE LANGUAGE THAT APPROVES THE DIGITAL FUEL PRICING ON THEIR IS A LITTLE MISLEADING TO ME BECAUSE I EXPECTED JUST TO BE HOW MUCH IS GAS.

RIGHT NEXT TO IT IS YET AGAIN ANOTHER CUTIE SAME.

I LOVE CUTIE. I'M A FREQUENT CUTIE'S SHOPPER.

IS NOT HARD TO FIND ONE BECAUSE YOU KNOW WHERE IT IS AT.

THAT'S WHAT WHEN WE TALKED OF THE FIRST ONE IS THEY WANTED SIGNS 360 DEGREES WRAPPED AROUND THE BAD BOY.

BIG ONES ON THE CANOPY. I AM LIKE LOOK, WE KNOW WHERE CUTIE IS. THERE MAY BE THAT PERSON WHO IS DRIVING DOWN 67TH ON AN ELEVATED BRIDGE RIGHT NEXT TO YOUR PROJECT THAT LOOKS DOWN AND SEES SIX SIGNS AND SAYS LET ME LIVE BACK AROUND AND COME TO CUTIE.

I THINK THAT'S A LIKELIHOOD. SAME REASON KROGER DIDN'T NEED AN 80-FOOT TOLSON. I REMEMBER DRIVING DOWN THE HIGHWAY AND SAY MAN LET ME EXAMINE GRAB SOME MILK.

FROM MY PERSPECTIVE IT'S A LOT OF LIGHT.

THERE BE A LOT OF LIGHT IN THAT AREA ANYWAYS.

I DON'T KNOW THAT WE NEED WITH THE FIRST PROJECT OUT OF THE GATE JUST THROWS RULES COMPLETELY OUT WITH REGARDS TO SIGNS THAT WERE THOUGHTFULLY DONE.

I GET THE DESIRE TO REMOVE THE TREES ALONG 67 DUE TO UTILITY LINES, TREE ROUTES AND UTILITY LINES ARE NOT A GOOD FROM THE NEIGHBOR ONE ANOTHER. THE PARKING SIDE OF IT WHETHER IT IS LOADING ZONE OR PARKING STEEL CONCRETE, IS NOT GIVING US BACK IMPERVIOUS COVER. SO I'M LESS CONCERNED WITH THAT BECAUSE WE ARE REDUCING THE CONCRETE TO INCREASE THE GREEN SPACE IN EITHER ONE OF THE SCENARIOS.

MAYBE A LITTLE BIT WITH SWOOP AND COPING THAT CREATES THAT SINGLE LANE BUT NOT IN A MEASURABLE AMOUNT.

FOR ME IT GOES BACK TO THE SIGNS.

THIS WAS A HUGE ORDINANCE CRAFTED ON A COHESIVE DESIGN.

[00:35:03]

COHESIVE ARCHITECTURE, COHESIVE LANDSCAPE PLAN.

AND IF YOU LIKE IT IS A DISSERVICE TO THROW THAT COMPLETELY OUT THE WINDOW. WITH THE FIRST PROJECT COMING IN. I WOULD LIKE TO SEE THE SIGN STANDARD 300 FEET. I LIKE THE ONE ON THE FRONT OF THE BUILDING TO BE THE ONE ON THE FRONT.

PICK CUTIE OR QUIKTRIP AND THROW THE OTHER WAY AND PUT FUEL PRICES ON THE CANOPY. BUT HE KNOWS WITH THE CANOPY IS.

IT IS JUST MORE LIGHT AND MORE LIGHT POLLUTION AND SETS THE WRONG TONE IN MY OPINION FOR THE OVERALL DEVELOPMENT THAT WE DEVIATE FROM THAT MUCH THAT QUICK.

>> CLARK. >> ROSS HAD A LOT OF WHATEVER SOON TO TALK ABOUT SO THANKS. BUT ON SECTION TEN ARCHITECTURAL DESIGN OF THE BUILDING THAT OLD TOWN ARCHITECTURAL STYLE IS THIS ONE OF THE EXEMPT USES? I WAS GETTING CONFUSED ON THAT.

IT SAYS EXCLUDING BUILDINGS DESCRIBED IN SECTION TWO THE, 10H WHICH I MIGHT BE READING WRONG.

BUT ANYWAYS IT SAYS BUILDINGS CONSTRUCTED IN THE PROPERTY SHALL BE DESIGNED AND CONSTRUCTED TO THE OLD TOWN ARCHITECTURAL STYLE THAT EMBODIES A DESIGN THAT SHOWCASES BUILDINGS THAT HAVE DEVELOPED UNTRANSFORMED OVERTIME.

>> BELIEVE THAT IS FOR THE BUILDING GREATER THAN 20,000 SQUARE FEET. SO THIS WOULD NOT BE EXEMPT FROM

THAT. >> SO WE ARE SAYING THAT THIS BUILDING ARCHITECTURAL HE LOOK LIKE AN OLD-TIME CREEK I'M ASKING FOR CLARIFICATION. I'M NOT TRYING TO DO A GOT YOU.

I'M JUST TRYING TO ASK IF THAT IS WHAT IT SAYS OR IF THIS IS

THE EXEMPT BUILDING. >> I DO NOT BELIEVE IT IS EXEMPT PER THE ORDINANCE. IT LOOKS LIKE ANYTHING GREATER

THEN 20,000 SQUARE FEET. >> LESS ROOM BRING OUT THE DINO SIGN WITH NEON LIGHTS DON'T KNOW HOW YOU LOOK LIKE AN OLD-TIME

GAS STATION. >> TO THE LEFT IS WITH ACUMINATE WE WORKED WITH THEM TO KIND OF ALLEVIATE AND MAKE IT A SOFTER KIND OF OLD TOWN LOOK. AND KIND OF THE STRIPING AND THE WINDOWS. IT IS HARD TO MAKE A GAS STATION LOOK OLD TOWN. THIS IS THE CLOSEST THAT WE

COULD. >> OKAY.

>> IT IS ALWAYS HARD TO SEE ON THE SCREEN BUT IN THE PROPOSED ELEVATIONS, THE COPING IS DIFFERENT ALONG THE ROOFLINE.

>> WE RAISED IT. >> MORE UNDERNEATH.

ACCORDANCE. THAT'S THE WATER WAS LOOKING FOR. IS HARD TO SEE IN STRAIGHT ON FLAT RENDERING. SO I CAN SEE WHERE SOME OF THE ELEMENTS TO TRY TO TIE IT BACK TO THE NOD TO THE MERCANTILE

LOOK IS IN THEIR. >> ON THE LANDSCAPING ON THE ORIGINAL PD, IT SAYS THE GAS PUMPS ARE, LANDSCAPING SCREENING IS REQUIRED FOR THE GUESTS GAS PUMPS TO BE OUT OF PUBLIC VIEW ACTUALLY INSTALLED. SO I WANT TO MAKE SURE I UNDERSTAND CORRECTLY THE REASON THEY ARE DOING SO MAY BUSHES IS BECAUSE OF THE POWER LINE WHICH THE VARIANCE IS BASICALLY BECAUSE IT'S NOT COVERING THE GAS PUMPS.

>> IF I GO BACK AND KIND OF MAKES MORE SENSE.

I APOLOGIZE IF I EXPLAINED IT FUNKY.

>> NO IT IS ME. I'M TIRED.

>> YES BASICALLY THE TREES WILL START HERE ON LESS MAIN STREET AND COVERED GAS LINES FROM LESS MAIN STREET.

ON THE CORNER. AND THEY DID A BUNCH OR COUPLE OF TREES KIND OF MORE IN ORDER OF THOSE UTILITY LINES TO HELP A LITTLE WITH THE SCREENING KIND OF RIGHT HERE.

BUT IT IS SHRUBS DOWN HERE. >> OKAY.

BUT IF THINGS WERE ALL RIGHT BY THE LETTER OF THE OLD PD THOSE

SHRUBS WOULD BE TREES. >> YES, THEY WOULD STILL INCLUDE SHRUBS BUT THERE BE TREES ON THAT LINE AS WELL.

>> OKAY. >> MAKE.

>> CLERK HIT A LOT ON WHAT I AM CONCERNED ABOUT AND I WANT TO MAKE SURE WITH LEGAL. IS THE SIGN EXPECTED TO FALL WITHIN AT LEAST SOME REALM OF AN OLD TOWN PRESENTATION WITH WHICH WAS REQUIRED OF WHOEVER'S ACROSS THE HIGHWAY, OR IS IT SITTING WITHIN A BYE RIGHT? AND OF THIS IS VERY OLD ZONING.

[00:40:07]

IS SITTING BY RIGHT BECAUSE WHAT I'M LOOKING AT IS NOT OLD TOWN AT ALL. SEE ON THOUGH I'M PRETTY BLUNT SONG I HIT RIGHT TO THE HEART OF THIS THING.

>> I THINK TO CLARK WHO TALKED ABOUT I THINK THIS IS 211 IF I GOT THE RIGHT CODE SECTION. THE BUILDING IS UNDER 20,000 SQUARE FEET SO IT'S SUPPOSED TO CONFORM TO THE OLD TOWN STYLE.

>> MY MAIN CONCERN IS THAT WE REALLY RAN THE DEVELOPMENT ACROSS THE HIGHWAY THROUGH THE MEGA RAMP.

NOT ONLY DID WE REQUIRE STORMED HAVE LOCATIONS CHANGES BE REQUIRED FOR SIDE. DIDN'T REQUIRE THEM TO DO INTO MOLDINGS OF THRESHOLD MOLDINGS AND CROWN MOLDINGS TO SIGNIFY OLD TOWN STYLE BUT WE MADE THEM PAINTED.

I PUT I WENT TO THE TROUBLE TO GROUND YOU AND TAKE YOUR PRESENTATION ALONG WITH THE PRESENTATION AT THE KROGER IF THEY ARE REALLY QUITE SIMILAR OTHER THAN THIS IS ADDED A FEW MORE WINDOWS. THIS IS VERY BLOCK STYLE.

EVEN THE LETTERING DOESN'T EVEN BEGIN TO SIGNIFY OLD TOWN TO ME.

IS A BLOCK FORMAT LIKE I WOULD EXPECT TO SEE KROGER.

DAVID FINE BERKSHIRES TO BE A LITTLE MORE OPEN.

I'M TRYING TO BEAT YOU DOWN BUT I THINK OUR FIRE STATION SIGNIFIES WITH THE ARCHWAYS THE PRESENTATION.

SO MY BIGGEST CONCERN IS IF I'M GOING TO BE SO HARD ON THE WEBER DEVELOPMENT WHICH WE HAVE, AND I WOULD ALSO STATE EVEN WITH THE WEBER DEVELOPMENT IF YOU REMEMBER, WE HAD THEM TAKE THE BACK SIDE OF THE BUILDING AND EVEN PAINTED TO HAVE SOMEWHAT, WE WEREN'T GOING TO JUST HAVE A BACKSIDE BECAUSE ALL THE HIGHWAY SYSTEM THE WAIT IS FEEDING AND ENDURE OVERBOOKING AND SEEING ALL THAT, WE WANTED TO PRESENT THE FORMAT OF INVITER TOWN FEEL.

SO I THINK IT'S A BEAUTIFUL BUILDING.

I DON'T HAVE A PROBLEM WITH YOUR BABIES.

AND KIND OF ALONE WITH ROSS ON THE SIGNAGE IS A TOUGH OVERDONE.

I'M NOT EVEN GOING TO PICK ON YOU ABOUT YOUR LANDSCAPE.

BUT WE WANT THIS SO THAT BECAUSE ALL THOSE HIGHWAYS ARE ELEVATED.

WE WANT THIS SO AND PEOPLE ARE DRIVING BY THEY ARE NOT JUST SEEING ANOTHER QUICK TRIP LIKE THEY SEE OVER BY KROGER.

THAT THIS GIVES AN INVITING APPEAL OF HAY THAT IS A QUEEN LITTLE TOWN. WE NEED TO GET OFF AND GO CHECK THAT OUT. IF THEY'RE COMING FROM 287 ACROSS AND SEEING THE FIRE STATION UPFRONT AND THEN THEY ROLL UP UNDER THE HIGHWAY, THE WEBER DEVELOPMENT AND UP THE HILL TO OLD TOWN, WE WANT ALL THAT TO FEED AND TOGETHER.

I DON'T HAVE A PROBLEM WITH YOUR LAYOUT, PARKING SPACES, HOWEVER, YOU WANT TO PUT GAS IN CARS BUT THIS AS TO FIT IN MY VIEW THE SAME CURB APPEAL AND STATIC MCAFEE THAT WE HAVE DEMANDED ACROSS THE WAY. IT WOULD BE UNFAIR TO THAT DEVELOPER TO JUST GO OFF MOST OF THAT.

I THINK YOU'VE DONE A GREAT JOB PRESENTING.

I DON'T HAVE A PROBLEM WITH THIS LOCAL FORMAT AT ALL.

IT JUST DOES NOT FIT THAT EXPECTATION OF THAT AREA.

>> WE DID WORK WITH STAFF QUITE HARD BACK AND FORTH.

IF YOU READ THE ACTUAL STANDARDS WE MET ALL OF THOSE AND EXCEEDED ALL OF THEM. AS FAR AS OLDTOWN ALL THERE IS IS ONE SMALL PICTURE OF A STRIP CENTRE.

WE DID GO THROUGH AND WE HAD A STACK STONE, THE ELEVATION CHANGES, MECHANICAL BRICK SCREEN WALL.

SEVERAL THINGS WE ADDED TO GO TO SPRING.

OF THE AGREEMENT THROUGH TEN OR 12 DIFFERENT GENERATIONS BEFORE WE GOT TO THIS POINT THAT STAFF WAS HAPPY WITH THAT WE BOTH FELT MET THE OLDTOWN FIELD PROGRAM WAS IN THE COURT.

>> SO THE OLDTOWN FIELD FOR ME IS WHEN YOU DRIVE UP EIGHTH STREET, WITH THOSE BUILDINGS LOOK LIKE AND I DON'T SEE IT. THERE'S NOT A BUILDING IN THERE.

WHAT IS MISSING TO ME IS NOT THAT YOU NEED A STORY AND A HALF IN THE STORY AND A HALF FACADE APPEAL.

AND NISHIOKA OR WE HAD THE EXPECTATION ON THE WEBER DEVELOPMENT IS THERE IS THAT MOVEMENT.

IS NOT JUST A LITTLE ELEVATION BLOCK CHANGE.

THERE'S A MOVEMENT UP WITH AND ALL THAT YOU'RE GIVEN THE PAINTINGS ARE CREATING THE APPEARANCE OF DEPTH WORK YOU SEE HIM OLDTOWN'S. THAT'S WHAT I SEE IS MISSING.

>> WE DID AT THE WINDOWS ALL AROUND TO GIVE THAT DEPTH AND

[00:45:05]

PERCEPTION. THE BRICK MECHANICAL SCREEN DOES GIVE US THE POP-UP THAT WILL BLEND IN.

IS HUNDRED TELL FROM THE PICTURE WITH THE MISSION THAT WE THINK THIS MEETS THE OLDTOWN AND DOES MEET THE CODE THAT'S PUT IN

THERE. >> I DO SEE PUT ALL THE WINDOWS AND IT. I DO LIKE THAT.

IT HAS A GROCERY STORE FEEL THAT I LIKE IT.

I CAN FEEL AS THOUGH, EXAMPLE, I CANNOT SAY BUT LOOKING AT THIS EXHIBIT ATTACHMENT FIVE EXHIBIT F-1.

LOOK AT THE QUICK TRIP AFTER SOME FORM OF ARCHWAYS ELEVATION CHANGES GOING ON. YOU HAVE A LOT OF, AND FOR ME QUICK TRIP SIGNAGE WHICH I KNOW YOU REALLY CAN'T GET AWAY FROM, IT'S GOING TO BE HARD TO MAKE THE TRUE OLDTOWN LOOK AND STAY WITHIN THE FLOW OF YOUR CORPORATE THING.

THIS IS A LITTLE FAR OUT OF THE BOUNDARY FOR ME.

>> COUNCILMAN RODGERS THINK YOUR ASSESSMENT IS GREAT BUT I DO POINT TO THE CHICK-FIL-A WE HAVE OVER THERE ON THE WEATHER DEVELOPMENT. IS REALLY HARD FOR THESE CORPORATE ARCHITECTURAL STYLES TO MATCH EXACTLY WHAT WE CALL FOR ON THIS OLDTOWN STYLE. THE LOWS LOOKS GREAT AND STRIP CENTRE RETAIL WE HAVE ON WEBER DEVELOPMENT LOOKS GREAT.

IT HAS 360-DEGREE ARCHITECTURE BUT YOU HAVE A CHICK-FIL-A.

THE CHICK-FIL-A BOX DOESN'T REALLY FIT THAT OLDTOWN BUT IT DOES LEND ITSELF TOWARDS MASONRY THAT THEY HAVE ON THE CUTIE.

>> I DIDN'T WANT TO BRING THAT UP AND PICK ON.

I'VE HAD A DOUBLE HANDFUL OF PEOPLE SEE WHAT HAPPENED AND I'M LOOKING TO NOT GET THAT A SECOND TIME.

I AM IN AGREEMENT. IT DOESN'T MATCH.

AND I AM OF THE ATTITUDE OF MAKING THE MISTAKE ONLY ONES BUT I THINK THAT WAS NOT GOOD. IS NOT A TERRIBLE SITUATION BUT WE CAN CAPITALIZE. I DON'T SEE THAT THIS IS THAT FAR OFF. THIS IS YOU'RE EXACTLY CORRECT, THIS IS MORE OF THAT FORM WHICH TRULY DOES NOT MEET THAT PARAGRAPH. BUT THANK YOU FOR YOUR

PRESENTATION. >> SO I HAVE GOT A COUPLE OF COMMENTS. WITH COMPLETE RESPECT TO MIKE AND SHARING ABOUT THE OLDTOWN LOOK.

AND I COMPLETELY UNDERSTAND WHAT HE'S LOOKING FOR.

BUT WHEN YOU TALK ABOUT FAIRNESS LIKE WE WERE TALKING ABOUT EARLIER, I HAVE BEEN IN HUNDREDS OF HOURS OF MEETINGS, MAYBE NOT HUNDREDS BUT 100 HOUR OF MEETINGS TALKING ABOUT WHAT THE OLDTOWN LOOK IS. SO HE'S TALKING ABOUT IT I CAN UNDERSTAND. YOU AS A DEVELOPER WORKING ON STAFF HAVE NOT BEEN THROUGH ALL THOSE CONVERSATIONS.

YOU ARE TAKING WHAT WE HAVE ON PAPER AND SAYING, HEY, HOW CAN WE GET IT AS CLOSE TO WHAT WE'RE LOOKING ON PAPER WITH STAFF? AND SO I FEEL LIKE FOR ME, IT IS UNFAIR TO HOLD YOU TO A STANDARD THAT IS REALLY A DESCRIPTION AND FEELING, AND OCK THAT WE COMMUNICATE IN VARIOUS MEETINGS BUT WE DON'T HAVE DETAILED ENOUGH ON PAPER FOR YOU TO FOLLOW.

AND SO I THINK THE BUILDING LOOKS NICE.

I DO LIKE THE IS COUNCILMAN RODGERS SAID THE ADDITIONAL WINDOWS. AND I DO LIKE THE ITERATION FROM THE CHANGE FROM THE BEGINNING. I THINK IT LOOKS CLOSER.

I DO UNDERSTAND MY FELLOW COUNCIL MAN'S TALKING THROUGH.

BUT FOR ME, I THINK YOU HAVE TRIED TO DO, YOU KNOW, FROM WHAT YOU'RE DESCRIBING HERE AND TALKING AND HEARING FROM STAFF, I THINK YOU HAVE DONE AS GOOD AS YOU CAN DO WITH WHAT WE PROVIDED YOU ON PAPER. SO I FEEL IT WOULD BE UNFAIR TO HOLD YOU UP THE US SOLIDIFYING MORE OF THOSE SPECIFICS AND DOCUMENTED FORM. THAT'S MY THOUGHTS.

I DO THINK THE SIGNAGE IS A LITTLE OVERKILL.

IF THAT'S A POINT OF CONTENTION, I WOULD SUPPORT REDUCING A LITTLE BIT OF THAT. BUT I DON'T HAVE ANY OTHER MAJOR ISSUES IN THINK YOU HAVE DONE A GOOD JOB WITH.

>> I WANT TO AGREE WITH MOST OF WHAT COUNCILMAN'S SAY AS FAR AS

[00:50:04]

MY OWN PERSONAL VIEWS OF THIS. I WOULD SAY THAT'S ONE OF THE REASONS WE HAVE PUBLIC HEARINGS. WE MAY HAVE SO MUCH ON PAPER YOU CAN READ BUT WE HAVE PUBLIC HEARINGS.

>> SPEAKER-02: CAN HEAR THE NUANCES IN THE INNUENDOS AND SOME OF THAT. IS GOOD FOR NOT ONLY DEVELOPERS AND BUILDERS BUT ALSO GIVE YOURSELF TO HEAR SOME OF THESE NUANCES. WITH DIFFERENT COUNCILORS CHANGE. BUT I DO THINK THAT IS APPROPRIATE BASED UPON THE ARGUMENTS, THE DEBATES CONSIDERATIONS MADE ACROSS THE STREET.

AND FULL DEVELOPMENT THIS IS THE FIRST BUILDING GOING ON IN THIS DEVELOPING. I THINK IT'S GOOD TO HAVE IT.

I THINK THIS IS A RIGHT AND APPROPRIATE KIND OF APPROACH TO PUT ON THIS DEVELOPMENT. BUT IT'S VERY EASY TO DRIVE UP MAIN STREET, GO TO EIGHTH STREET AND YOU CAN KIND OF SEE WHAT WE WANT TO GET TO. YOU SEE WE ARE NOT THE AREA.

BUT YOU CAN SEE WHAT WE ARE WANTING TO TRY TO GET TO.

SO I DO AGREE WITH THE FACADE OF.

IT COULD BE SOME MODIFICATIONS. IT'S A GOOD-LOOKING BUILDING.

COULD BE MODIFICATIONS THAT COULD BE LOOKED AT AND TALKED ABOUT AND NOT VIOLATING THE CORPORATE BRANDING, BUT NOT JUST PUTTING IN A COOKIE-CUTTER FOCUS APPROACHED HERE.

IT? DOWN THE ROAD AND THAT'S

SOMETHING THAT'S IMPORTANT TO ME >> SO JUST ONE QUESTION BECAUSE IT STRONGLY OFF. YOU'VE MADE A COUPLE COMMENTS ABOUT YOU'VE EXCEEDED THE EXPECTATIONS OF THE CODE BUT YOU'RE ASKING FOR TWO VARIANCES SOURCE OR SOMETHING-- THREE.

>> WITH THE LANDSCAPING WE EXCEEDED THAT.

AND REQUIRES 99B COULDN'T PLAN ALL THE TREES AND UTILITIES.

WE WENT ABOVE AND BEYOND AND PUT 45 IN THINGS LIKE THAT WE DID.

WE CAME BACK THAT AS MANY THINGS IS EQUIPPED TO GO GO ABOVE AND BEYOND WHAT WAS IN THE ORIGINS. FISH IN A PARTICULAR NUMBER.

FOUR OR FIVE DIFFERENT THINGS AND WE HAD THOSE THAT'S WHERE WE STARTED AND WE ADDED WE GOT TO THE BACK AND ADDED MORE.

RETRENCHING OF THE WHOLE BUILDING AROUND EACH SIDE COMING FROM EACH DIRECTION MORE OF A LOOK TO EXPAND JUST WANTED TO MAKE SURE I WASN'T MISSING ANYTHING.

SPEE NEXO STAFF PROCESS PERSPECTIVE THIS BUILDING MEETS ALL THE REQUIREMENTS REQUIRED BY THE PD AS FAR AS ARTICULATIONS

DESIGN STYLES ET CETERA. >> I WOULD SAY YES IF YOU WANT

TO SAY SOMETHING ALSO ABOUT IT. >> AS HARD TO QUANTIFY OF THE

LOOKS LIKE. >> TO ALLEN'S POINT IS IT TO THE STANDARD THAT'S THE PD'S PUNNICHY ABOUT ABOUT THIS CALL FOR NEEDING TO MATCH THE OLDTOWN STYLE LESS THAN 20,000 SQUARE FEET. SO I'M NOT SURE THAT DOES.

>> THEN IS A MATTER OF OPINION AT THE POINT.

>> THAT'S THE QUESTION I HAN SOLO AMIT SHAH DEVELOPER YOU NEED TO MEET THIS OLDTOWN LOOK, WILL BE GIVING THEM OR TELLING

THEM? >> SPEAKER-01: I'M NOT TRYING TO INTERRUPT BUT WHAT IT SAYS IS THE STRUCTURES OFTEN FEATURE ELEMENTS FROM DIFFERENT PERIODS WITH DIVERSE MATERIALS AT WINDOW TYPES SHAPES, SIZE. MULTITENANT BUILDINGS CONVEYING.

IT DOES NOT SAY. IT JUST SAYS DIFFERENT WINDOW TYPES AND DIFFERENT SHAPES AND SIZES.

THAT'S THE EXTENT OF ALL IT REALLY GIVES YOU ON ARCHITECTURAL STYLING INSIDE SECTION TEN.

>> LOOK AT THE LAST TWO PAGES OF THE ORIGINAL ORDINANCE.

THERE'S SOME ELEVATION FACADE PLANS THERE.

I THINK THAT'S WHEN IT'S REFERRING TO AN TALK OLDTOWN.

THE VERY LAST TWO EXAMPLES. EXHIBIT F THE ELEVATION FACADE'S IT SAYS RICH AND LAYERED ARCHITECTURE BUT I'M NOT AN

ARCHITECT SO DON'T ON. >> CONCERN SHOULD DO THAT ON GAS STATION. THERE ARE SPECIFIC EXAMPLES TO CHRIS' POINT BUT I DON'T KNOW THOSE LEND THEMSELVES TO A GAS STATION. BUT THAT IS ORDINANCE.

>> MY QUESTION IS WHY WOULD WE WANT TO PUT THE BURDEN UPON THE STAFF? WHEN WE LOOKED AT THE

[00:55:01]

DEVELOPMENT ACROSS THE HIGHWAY WE TOOK THE DEVELOPMENT SIDE CAME IN AND VISITED WITH US. AND YOU ARE CORRECT.

THIS IS VERY DIVERSE OPINION BASED, BUT ALSO LOOK AS WE HAVE VERY LIMITED AMOUNT OF SPACE LEFT ON THAT END UPTOWN TO GET THIS RIGHT. I'M MORE CONCERNED ABOUT WHAT'S ON MAIN STREET THAN I AM WHAT'S BEHIND.

I'M WORRIED ABOUT ALL THAT BECAUSE YOU SEE IT FROM AN ELEVATED VIEW BUT I'M REAL CONCERNED ABOUT IT.

WE KNOW MORE THAN LIKELY ACROSS THE ROAD FROM THIS THAT WILL BE SOME FORM OF MAJOR DEVELOPING FORMAT THAT GENTLEMAN BEHIND BEHIND THE LOWS AND WHATNOT BUT FOR THIS PARTICULAR APPEARANCE AND APPEAL, THEY HAVE THE SUBMITTALS FOR THE LOWS DEVELOPMENT THAT SHOWS ALL THE RETAIL SPACE AND THOSE STORE AND A HALF FACADE CHANGES. THAT'S MY MAIN CONCERN.

WE CAN SAY WE DON'T KNOW WHAT OLDTOWN IS WERE WE DON'T HAVE AN IDEA BUT I'M GOING TO BE CAREFUL HOW I CHOOSE MY WORDS.

THAT'S NOT OLDTOWN. IT'S NOT EVEN CLOSE.

SO I FEEL BAD FOR STAFF BECAUSE THEY WERE LEFT TRYING TO INTERPRET THIS NEGATIVE AND IT'S LIKE WE'RE BEATING THEM UP.

BUT I DON'T UNDERSTAND HOW YOU GET TO WHAT'S GOING TO SAY THAT'S APPROVED WITHOUT A NON-CORE ROOM REVIEW TO GIVE IDEAS. IF YOU THINK ABOUT IT THAT'S HOW WE GOT THE OTHERS DONE. SO THAT'S MY PRIMARY CONCERN AND I DON'T THINK IT'S FAIR. I'M ALSO WILLING TO SAY IT'S NOT FAIR THE AMOUNT OF SPACE THAT'S LEFT IS MORE THAN LIKELY BETWEEN THE FIRE STATION AND THAT CORNER AND THAT'S IT.

YOU ARE RIGHT WAYNE. I FORGOT TO BRING THAT UP.

THIS IS SETTING THE TONE FOR THE REST OF IT.

THIS IS THE FIRST LITTLE BUILDING AND IT IS FRONT AND CENTER ON THE CORNER. I'M PRETTY SET OF MY WAYS.

THIS IS NOT FAR OFF. IT REALLY IS AN.

ON THOSE PICKY ABOUT THE BRICK OR THE STONE SOME OF WHAT YOU HAVE, THE TOP ELEVATIONS ON THE BUILDING.

IT IS BLOCKING ENOUGH FOR ME THAT DOESN'T NEED AND OLDTOWN

FINISH. >> LET ME TRY TO HELP VISUALIZE WHAT YOU ARE SAYING. WHEN YOU LOOK AT TWO EXHIBITS IN THE ORIGINAL PD ORDINANCE, THE PRIMARY ROOF LINE IS BELOW THE PROJECTIONS. IN YOUR ELEVATIONS ATTACHMENT FIVE EXHIBIT F-1 THE PRIMARY ROOF LINE IS ABOVE THE PROJECTIONS. I THINK THE VISUALIZATION ASPECT IS IF THOSE CHECKOUTS GO ABOVE PRIMARY ROOF LINE IT STARTS TO FEEL MORE LIKE WITH THE INTENT AND PATTERN IN THE ORDINANCE WAS. IS THAT MAKING SENSE?

>> I SEE WHAT YOU'RE SAYING. WE HAVE QUIKTRIP SIGN OVER THE WINDOWS WE HAVE VISIBILITY. IS THAT THE PART YOU'RE TALKING

ABOUT? >>> AND THIS RENDERING LOOKS DIFFERENT THAN WHAT THE ATTACHMENT EXHIBIT IS.

YOU'RE QUIKTRIP HEXO THIS BUILDING THIS SIDE WITH THE CUTIE SIGN SEE HOW YOUR ABOVE THE CENTRAL LINE.

MAY BE IT IS PERSPECTIVE ISSUE. THE ELEVATIONS WE WERE PROVIDED THAT'S NOT THE CASE. YOU LOOK AT THAT BACK TO ATTACHMENT FIVE EXHIBIT F-1, SEE THE DIFFERENCE? SO THAT IS YOUR SCREEN ON TOP OF YOUR BUILDING TO HIDE YOUR MECHANICAL EQUIPMENT. BUT NOW THAT CREATES THE CENTRAL ROOFLINE IS NOT ABOVE THAT. SO VISUALLY WHAT COUNCILMAN RODGERS WHAT I'M HEARING IS IF QUIKTRIP PROJECTION AND CUTIE SIGN PROJECTION WERE INCREASED IN HEIGHT WHETHER A FALSE WALL OR WHENEVER ALSO GIVES THE OPTICAL FEEL OF THE OLDTOWN THEMATIC ELEMENTS. SO YOU ARE A VICTIM OF YOUR SCREENING WALLET. THAT'S THE BEST WAY I CAN--

>> REGARDING CONVERSATIONS WITH MR. WEBER.

OBVIOUSLY OLDTOWN FEEL IS ON TWO STORY APPLICATION WHICH IS NOT FAIR TO TRY TO PRODUCE A FACADE. IF YOU GO TO A STORY AND A HALF

[01:00:03]

SEER ELEVATIONS ARE THERE. THERE JUST REALLY SHORT.

SO YOU ARE JUST BRINGING IT UP. THEY ALSO PRODUCE SOME ACCENTS.

SOME OF THE RENDERINGS AND PAINTINGS, YOU COULD CORRECT ME, I'M THINKING THEY MAY BE EVEN HAD, I'M NOT SAYING YOU WOULD DO THIS BUT HAD SOME ARCHWAYS OR FAKE PAINTED WINDOWS.

IT IS GIVING THE APPEARANCE OF A STORY AND A HALF AND THAT GIVES THE APPEARANCE AND FEEL OF OLDTOWN.

SORT OF FEEL LIKE THIS IS THIS FAR OFF.

I'M VERY CONCERNED OF IT BEING THE VERY FIRST BUILDING AND I KNOW HOW THE ORDINANCE TREES WAS DESIRED THAT WE COULD MESS UP IF WE DON'T HAVE SOME EXPECTATIONS ARE SPINCO WANT TO GO TO CLARK AND TALK ABOUT SIGNAGE PARKING LANDSCAPING TO GET FEEDBACK AND

THEN WILL MOVE ON. >> I WAS MOSTLY GOING TO MAKE CLARIFICATION. WE KEEP TALKING ABOUT WEBER PD.

THIS PD IS COPY AND PASTE OF WEBER FOR THE MOST PART.

AND IF YOU WILL REMEMBER THAT. >> THERE IS NO DETAILED SIGHT PLAN. BUT THIS IS THE FIRST DETAILED SIGHT PLAN COME THROUGH. WE SPENT HOURS TALKING ABOUT THAT DEVELOPMENT AND DETAILED SIGHT PLANS ON THE DEPARTMENT SO YOU'RE CORRECT. IT IS MOCKED.

>> IT'S COPY AND PASTE ORDINANCE.

BUT NOT DETAILED SIGHT. >> WITH EVERY EXPECTATION WAS FROM AN ORDINANCE STANDPOINT IT KIND OF CAME OVER WITH IT AS FAR AS WHAT IT ALLOWS, DOESN'T ALLOW TO THAT MAYBE I SHOULDN'T SAY IT MAYBE I WILL BUT I WILL GIVE THIS INGRATITUDE I GAVE MR. WEBER WHICH ONE HAS CORPORATE STANDARDS.

RESPECTFULLY I DON'T CARE. I HAVE A BUILDING A WANT TO LOOK A CERTAIN WAY AND I THING WE WANT TO CONTINUE WILLING TO WORK WITH THAT BUT TOLD HIM THE SAME THING SO FINICKY MAYBE SHOULD BE

AFFORDED THE SAME. >> WHAT I'M HEARING HIS CONCERNS REGARDING DESIGN. COMPARING CONCERNS REGARDING SIGNAGE. ANY CONCERNS REGARDING THE

PARKING LANDSCAPING VARIANCES? >> I'M COMFORTABLE WITH WITH THE APPLICANT'S PROPOSED AS A COMPROMISE PRESERVING THE PARKING SPACES. I GREATLY DEMONSTRATED HOW THE TWO LENGTH OF TRUCKS, YOU HAVE ANYTHING LONGER THAN 39-FOOT

TRUCK. >> WE HAVE THE PUMP AREA UPFRONT

>> THEY HAVE DEMONSTRATED THE ABILITY OF TRAFFIC FLOW AND USABILITY OF THAT. GIVES US THE BEST OF BOTH WORLDS THE LANDSCAPING SIDE MAKES COMPLETE SENSE.

WE DON'T WANT FREE ROUTES AND UNDERGROUND UTILITIES OR OVERHEAD UTILITIES TO BE COHABITATING IN THE SAME AREA.

IT WOULD BE GREAT IF THE UTILITIES WERE ALL UNDERGROUND BUT THAT'S MAYBE NOT FOR TODAY'S DISCUSSION.

JUST TO QUANTIFY FROM YOU PICK ONE SIGN ON THE FRONT OF THE SIDE OF THE BUILDING AND REMOVE ONE OF THE CANOPY SIGNS.

PROBABLY ONE RIGHT ABOVE THAT ALSO HAS GAS TRACES ON BECAUSE YOU HAVE A SIGN ON TOP TOP OF THE SON.

THE ONES IN THE FRONT SIDE OF THE BUILDING WILL BE HARD TO SEE BEHIND OVERSTORY TREES AND CANOPY ANYWAYS SO THAT IT'S A DON'T WORRY AND NOT JUST BREAKING THE RULE FROM THE WORD GOING TO CAN HOLD ADDITIONAL DOWNSTREAM DEVELOPERS TO THE SAME STANDARD WE INTEND TO HOLD THE WHOLE PROJECT TO.

>> I'M NOT A FAN OF THE SIGN VARIANCE.

I WILL MAKE IT THAT SIMPLE. WE HAVE A QUESTION AND WHEN IT COMES TO LANDSCAPING BUFFERS THEY ARE ALWAYS REQUIRED TO GO TO THE RIGHT AWAY OR CAN? I'VE NEVER UNDERSTOOD WHY, I DO KNOW WHY BECAUSE REAL ESTATE COST MONEY BUT WHY WHEN THEY'RE LIKE THERE'S A POWER LINE I CAN PUT TREES HERE GET CHOPPED OFF.

>> YOU COULD INSET THEM BUT PROBABLY OVER 30-FOOT IF IT'S CANOPY TREE RHINOCORT BOOK CAN. THEY WILL GROW UP TO GROUND NEW

HAVE HALF A TREE. >> IT WOULD BE TREMENDOUSLY

LARGE SETBACK. >> I COULD UNDERSTAND LENSKI CONSIGNED AND I DON'T CARE ABOUT THE PARKING.

>> ON 67 SANDERS UTILITY EASEMENTS PART OF THE INGENUITY

GET INTO THE WATER. >> THAT ONE MAKES SENSE." HAVE AN ISSUE WITH THE LANDSCAPING OR THE PARKING BUT I

DON'T LIKE SIGN VARIANCE. >> I WOULD AGREE WITH WHAT THEY

[01:05:03]

STATED. TURN THE SIGNAGE DOWN A LITTLE BIT. I'M HAPPY WITH EVERYTHING.

I WAS STATE ALSO THE WHEN FEEL VERY BADLY IF, SO THAT YOU WILL KNOW I DON'T KNOW HOW MANY TIMES WE SAT DOWN WITH THE WEBER GROUP THREE OR FOUR TIMES. THIS COULD BE TWEAKED A LITTLE BIT AND GOT RIGHT AND I WOULD FEEL BADLY BECAUSE THEY JUST CAME BEFORE US WITHIN THE LAST 30, 45 DAYS AND WE ARE MAKING THEM COME BACK WITH A MAJOR BOX STORE THAT'S GOING TO BE IN THE VERY BACK. TO READ OF THOSE RENDERINGS ON FACADE AND I WOULD STATE ALSO THAT THE CHICK-FIL-A I DON'T KNOW IF I WANT TO PICK THE ONE BUILDING OUT OF THE GROUP IT'S A LITTLE OFF TO BE THE REASON FOR THE STARTER THAT THIS WOULD BE.

I HAVE A BUNCH OF CONCERNS. THANK YOU.

>> I'M HEARING FACADE CONCERNS AND SIGNAGE CONCERNS OR OPTIONS TONIGHT, TO APPROVE, TONIGHT, TONIGHT WITHOUT PREJUDICE WERE TABLE. ANY FINAL COMMENTS FROM THE APPLICANT OR STAFF? SICKNICK STAFF WORK TOGETHER VERY HARD TO GET TO THIS POINT RIGHT HERE OVER SEVERAL MONTHS

CANNOT REALLY CLOSE. >> WANT TO GET SOME CONSENSUS BECAUSE IT SOUNDS LIKE WE ARE ABOUT TO SEND THEM BACK.

IF YOU TAKE THE DARK PART, THE DARK BROWN BUILDING IT SAYS CUTIE ON THE TOP ELEVATION. IF THAT RAISED HIGHER THAN TO YOUR POINT I THINK THAT SCREENING WALL OF UTILITIES IS THROWING THIS ELEVATION OF SON LOOKING FOR CONSENSUS AND HOPEFULLY HELP APPLICANT. THAT IS RAISED UP THE PART THAT SAYS QUIKTRIP IS RAISED UP SO IT GETS THAT, I'M GOING TO GO WITH WHAT WAS IN THE ORIGINAL PLAN WHERE IT HAS VARYING ELEVATIONS ACROSS. IS THAT WITH THE COUNCIL IS

LOOKING FOR? >> PERSONALLY I FEEL LIKE THAT WOULD FIT WITH THE PATTERN INCLUDED IN THE ORIGINAL PD.

>> I AGREE. I DON'T KNOW THAT ONE WALL IS, BUT I WILL SAY MOST OF THE WALLS ARE ON THE RENDERINGS PROVIDED ARE BROKEN STRONG. I DON'T KNOW WHAT THAT MATERIAL IS. I GUESS IT DOESN'T MATTER BUT I DO AGREE WITH THAT PART'S. BECAUSE IT'S IN A TOUGH SPOT BECAUSE IT'S ON A CORNER LOT YOU CAN TAKE ONE WALL OR ONE SIDE.

IT'S ALMOST LIKE IT ALL HAS TO COME UP SOME VACULIK IF YOU BRING CUTIE AND QUIKTRIP IT CREATES A GAP IN THE MIDDLE I WAS ONE OF THE DESIGN CONCEPT YOU'LL BE LOOKING FOR THEY REST THEMSELVES IN THE RETAIL STRIPS WITHIN THE WEBER DRAWINGS.

I DON'T HAVE A PROBLEM WITH YOUR COLORS.

I WILL HAVE AN PROBLEM WITH YOUR QUIKTRIP SIGNS.

I GET ALL THAT LETTER KNOW WHAT THE RIGHT HEIGHT.

IT'S NOT GOING TO BE LIKE COMING UP A FOUR AND A HALF OR TWO MCPHEE. WE HAVE TO CREATE A STORY AND HAVE FEEL LIKE YOU SEE THE WEBER GROUP PLANS.

>> I WILL TAKE A MOTION ON IT. >> OUR OPTIONS ARE TO APPROVE, DENY. YOU CAN IMPROVE WITH ADJUSTMENTS. YOU COULD DENY WITHOUT PREJUDICE WHICH WOULD GIVE THEM THE OPPORTUNITY TO COME BACK TO COUNCIL SOONER OR WE CAN TABLE AND WORKSHOP ET CETERA.

>> I DON'T FEEL THE NEED TO WORKSHOP BUT WE HAVE DONE THAT TONIGHT. BUT I AM THE GUY WHO LOVES TO APPROVE CHANGES BUT THERE'S A LOT OF MOVING PARTS HERE IN SUBJECTIVE CONTENT SO MY MOTION WOULD BE TO TABLE UNTIL THE NEXT MEETING. IS THAT ENOUGH TIME? WITH THE SECOND MEETING IN APRIL.

>> THE PACKET IS DUE NEXT FRIDAY FOR THAT.

>> TWENTY-SIX, 28. I WILL MAKE A MOTION WE TABLE THIS TO THE APRIL 20TH CITY COUNCIL MEETING.

>> MOTION MADE TO TABLE TO THE SECOND MEETING IN APRIL HAS BEEN MADE BY COUNCILMAN WEAVER SECOND BACK COUNSELOR WARMAN.

THESE OUT. ITEM TABLE 6-0.

[01:10:04]

THANK YOU BOTH. THANK YOU FOR YOUR TIME TONIGHT.

[2026-086 Conduct a public hearing and consider and act upon an ordinance amending the regulations relating to the use and development of 248.246+ acres out of the John Smith Survey, Abstract No. 971, the B.F. Cherry Survey, Abstract 1341, the Jourdan Powers Survey, Abstract No. 838, the Joe T. Powers Survey, Abstract No. 877, the Elbert Newton Survey, Abstract No. 971, and Lot 11X, Block G of Wind Ridge, Phase I, according to the Plat thereof recorded in Instrument No. 2213092 of the Plat Records of Ellis County, Texas; by changing the zoning from Agricultural (A) District to Planned Development District No. 187 (PD-187) for single family uses. The property is generally located on the north side of FM 1387 at Hayes Road. (Case No. Z29-2025-075). CONTINUANCE REQUESTED TO APRIL 14, 2026]

THANK YOU. MOVING ON TO 2026, 86 COLOR TEARING ACT UPON ORDINANCE AMENDING REGULATIONS REGARDING THE SEND ABOUT MENTAL 248 PLUS OR MINUS ACRES GENERALLY LOCATED ALONG 1387 HAZE ROAD. OSMAK THIS ITEM HAS BEEN REQUESTED TO BE CONTINUE TO THE APRIL 14TH MEETING.

IS IN A MOTION TO CONTINUE THIS PUBLIC HEARING TO APRIL 14TH? MOTION MADE BY COUNCILMAN WEAVER SECONDED.

PLEASE VOTE. ADAM HASSETT 6-0.

[2026-087 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance and Zoning Map, relating to the use and development of Lot 2, Midlothian Heritage High School, and a 1.41-acre portion of vacated right-of-way of FM Highway 1387, by changing the zoning from Single-Family Three (SF-3) District to a Planned Development District for Community Retail (CR) District uses. The property is generally located at the northwest corner of the intersection of N. Walnut Grove Road and north of FM 1387. (Z34-2025-090)]

UNTO ITEM 2026-87 CONDUCT PUBLIC HEARING CONSIDERING ACT UPON ORDINANCE LOCATED ZONING ORDINANCE LETTING YOU SEND OUT IN PUBLIC TWO. HERITAGE HIGH SCHOOL AND ONE POINT FOR A 1 ACRE PORTION OF THE VACATED RIGHT AWAY FROM 1387 BY CHANGING ZONING FROM SINGLE-FAMILY THREE PLAN DEVELOPMENT DISTRICT PROPERTY LOCATED NORTH WAS CORNER OF INTERSECTION AND NORTH FM 1387. DANIEL QUESTION REZONE SOME .48-ACRE UNDEVELOPED LOTS FOR NONRESIDENTIAL DEVELOPMENT.

ITEM WENT TO COUNCIL IN FEBRUARY AND WAS TABLED TO GIVE THE APPLICANT TIME TO ADDRESS YOUR QUESTIONS.

THE CHANGES MADE SINCE LAST MONTH'S MEETING NUMBERS ONE, THREE AND FOREVER ARE FOUND IN THE ORDINANCE BUT NOT COSMETIC SOW DESCRIBE THEM AND REMAINING WITH THE NEXT LINE.

SEE WILL HAVE A VISUAL. PHASES ONE AND TWO PROHIBITED TO HAVE DRIVE-THROUGH RESTAURANTS. PHASE THREE IS ENTITLED TO ONE OVER 1,000 SQUARE FEET BY RIGHT AND SEP PLUS WILL NOT BE REQUIRED FOR RESTAURANTS OVER 1,000 SQUARE FEET.

AND CONCERN STAFF DID HAVE WAS THE PHASE THREE PORTION CONTAIN THREE LOTS AND BUILDING FOOTPRINTS.

PHASE THREE LOT PLANS AND SITE DETAILS HAVE SINCE BEEN REMOVED IN THE AREA HAS BEEN CONSOLIDATED INTO ONE PADLOCK.

DRIVE-THROUGH HAS BEEN REMOVED AND 5400 SQUARE FEET HAS BEEN ADDED TO BUILDING BIN. BUILDING C'S BEEN REDUCED BY 6,250 SQUARE FEET AND RESTRICTED TO GENERAL PROFESSIONAL USES ONLY. LANDSCAPE PLAN ELEVATIONS BUILDING WITH PVC MENTION CHANGES AS WELL AS BUILDING C.

MONUMENTS AND VARIANCES FROM TRAN-1'S NOMINATION AND SIGNED TWO REMAIN. STAFF DOES HAVE THE SAME CONCERNS IN REGARDS TO TRAFFIC IMPACT DRAINAGE, PHASING OUT RESIDENTIAL ADJACENCY. NOTICES WERE SENT OUT TO ALL PROPERTY OWNERS WITHIN 200-FOOT RADIUS AND THE STAFF RECEIVED NO OBJECTION. AND HE RECOMMENDED DENIAL OF OUT OF 6-0 AND RECOMMEND THE APPLICANT WORK WITH STAFF TO MITIGATE VARIANCES. STAFF RECOMMENDS DENIAL OF REQUESTS TO TO CONFERENCE A PLAN AND CONSISTENCY SURROUNDING ZONING AND LAND-USE INCOMPATIBILITY AND THE CHANGES MADE SINCE FEBRUARY DID NOT PRODUCE ANTICIPATED TRAFFIC IMPACT. THANK YOU AND OPEN TO QUESTIONS.

>> THIS IS A PUBLIC HEARING. THE PUBLIC AND PUT OUT A COMMOTION TO CLOSE PUBLIC HEARING.

>> MOTION MADE TO CLOSE THE PUBLIC HEARING.

SECONDED BY COUNCILMAN SHEFFIELD.

PLEASE VOTE. PUBLIC HEARING CLOSES 6-0.

APPLICANTS WOULD LIKE TO SPEAK AND MAKE A PRESENTATION WHERE YOU CAN STAND FOR QUESTIONS. VOTE.

>> THANK YOU FOR YOUR TIME AGAIN.

JUST HAVE A PRESENTATION. THIS IS OUR MODIFIED SITE PLAN BASED ON WHAT STAFF JUST NARRATED.

WE MADE SIGNIFICANT CHANGES SINCE OUR MEETING IN JANUARY WITH PNZ AND SUBSEQUENT MEETING LAST MONTH WITH CITY COUNCIL.

SOME OF THE MAJOR CHANGES WE ARE DOING IS REALIGNMENT OF THE BUILDINGS, REDUCING THE USE OF CERTAIN BUILDINGS AS RECOMMENDED BY COUNCIL TOMORROW WHAT I CALL AS A DOWN ZONING TO ALIGN WITH WHAT IS REQUIRED CLOSER TO KINGSTON IN THE DEVELOPMENT CLOSE BY. WE HAD REMOVED THE DRIVE-THROUGH THAT WE'VE HAD IN THE ORIGINAL PLAN, AND WE HAVE COMPLETELY

[01:15:03]

ELIMINATED LOT FOUR, FIVE AND SIX AND THE ORIGINAL PLAN.

THIS IS A TIMELINE THAT WE HAD STARTING LEFT TO RIGHT.

YOU SEE THE MEETINGS. WE HAD FOUR MEETINGS WITH STAFF.

BAD PLANNING AND ZONING IN JAN. FOLLOWED BY THE CITY COUNCIL MEETINGS IN FEBRUARY AND TODAY'S MEETING.

THING I WANT TO POINT OUT AS WE DID HAVE A DENIAL.

THAT COMMIT WITH ABOUT SIX OR COMMENDATIONS AND FOUR OF THEM HAVE BEEN FULFILLED. WE ARE REQUESTING THREE VARIANCES AND WILL TALK WITH THAT IN A LITTLE BIT.

WE'RE STANDING TODAY WHICH INCORPORATES CHANGES AND RECOMMENDATIONS OF COMMAND OF CITY COUNCIL.

SO THE PLAN THAT YOU SEE HERE INCORPORATES CHANGES FROM PNZ RECOMMENDATIONS FROM CITY COUNCIL AND CHANGES WE HAVE DONE TO MITIGATE SOME STAFF CONCERN.

SO THAT'S WHAT WE USED TO HAVE. AGAIN MODIFIED PLAN HAS CHANGES WE JUST TALKED ABOUT. THERE ARE THREE VARIANCES.

JUST WANT TO QUICKLY ADDRESS THAT IN THE VARIANCES WE ARE REQUESTING DUE TO MORE OF A TECHNICAL AND CONSTRUCTION RELATED CONSTRAINTS. ONE OF THE VARIANCES WAS SCREAMING WELL. THERE'S A FEW THINGS IT'S GOING ON ON THE NORTH SIDE SPECIFICALLY RELOCATING WATER LINE. THERE'S AN ACTIVE SUBSTATION MAINTENANCE, AND THERE IS A WHO'S HERE WE ARE HAVING TO SERVICE THROUGH EASEMENTS WHICH ARE BASICALLY CONSTRAINTS CAUSING US TO HER REQUEST FOR THE VARIANCE.

THE OTHER VARIANTS THAT CAME OUT BECAUSE SIGN HEIGHT.

WE ARE REQUESTING A VARIANCE OF 5 FEET IN LINE WITH WHAT IS NEXT DOOR. WE USED TO HAVE 25 BASED ON THE CONDITIONS. WE DID BRING THAT DOWN TO 15.

THERE WAS A SIGN LIMITATION VARIANCE REQUEST AND THAT'S RELATED TO NUMBER 2 THAT I SHOULD HEAR." WANTED FROM A CONTEXT PERSPECTIVE THAT'S A SIGN ALREADY AT THE CHURCH BEHIND THE DEVELOPMENT 130 FEET FROM THE RESIDENTIAL AREA AND OUR SIGN WHICH WAS BASED ON THE CONDITIONS 445 FEET AND THAT FACES 37 AND THE SCHOOL.

SO THAT'S THE SIGN VARIANCE. THESE ARE SOME THINGS WE HAVE DONE SINCE JAN AND WE DID GET THE TEXTILE APPROVAL LAST WEEK FOR THE DRIVEWAY AS WELL. THAT'S THE EXISTING TRAIL TO THE NORTH SIDE. I WILL CLOSE WITH JUST ONE NOTE.

THERE'S A LOT OF DEVELOPMENT COMING TO THAT SADDLETOWNE PAEANS HE JUST APPROVED PLASTIC 600 LOTS OF 0.5 MILES FROM OUR LOCATION IN BRIDGEWATER HAS 325 LOTS APPROVED RECENTLY.

SO I THINK FOR MY OPINION THE LOTS ARE HERE AT ROSE IMPRESS HER COMING TO THINK TWO WE ARE PROVIDING HERE IS A MUCH-NEEDED RETAIL SERVICE. WE ARE DOING IT IN PRECAUTION TAKING INTO CONSIDERATION STAFF'S INPUT OVER THE LAST NINE MONTHS WE HAVE WORKED WITH THEM AND WE HAVE MADE PROGRESS EVERY TIME WE COME HERE TO WHATEVER DIRECTION I AM ABLE TO MAKE CHANGES TO OTHER THINGS WHICH I DON'T HAVE CONTROL OVER.

THAT'S OUR SIGN PLAN, LANDSCAPE PLAN AND INNOVATION.

AND THAT'S ALL I HAVE. >> THANK YOU.

COUNCIL QUESTIONS OF STAFF? >> SPEAKER-01: FIRST WANT TO SAY THANK YOU FOR INCORPORATING FEEDBACK IN WORKING TO TRY TO MAKE SOMETHING OUT OF A VERY UNIQUE PROPERTY THAT WAS CREATED WHEN THE STATE WAS RELINED WITH THE DEVELOPMENT OF HERITAGE HIGH SCHOOL. SUPPRESSION FOR STAFF AS IT RELATES TO THERE'S AN OBJECTION OR CONCERN RELATED TO PHASE THREE BUT WOULD THAT NOT REQUIRE DETAILED SITE PLAN TO COME BACK BEFORE COUNCIL BEFORE ANY PERMITS OR ANYTHING ELSE COULD

BE PULLED? >> THAT IS CORRECT.

SO ESSENTIALLY ORIGINALLY IT WAS ALL PROGRAMMED OUT KAHKONEN TRYING TO MASTER PLAN THE WHOLE TRACK AND NOW THERE'S ANOTHER HURDLE THAT HAS TO BE CROSSED ON PHASE THREE THAT'S A DISCRETIONARY MATTER AS IT RELATES TO DETAILED SITE PLAN IN

[01:20:01]

THE FUTURE, WHICH IN MY OPINION I THINK GIVES THIS BODY BY THE MAC I SIT ON IT OR SUNDAY ELSE CHAIR MORE DISCRETIONARY POWER AS THE MORE INTENSIVE USES, THE DRIVE-THROUGH ANOTHER PHASE THREE USES A COMING IN THE FUTURE SO AND TRY TO UNDERSTAND TO ME THAT SEEMS LIKE A POSITIVE BUT STAFF HAS WRITTEN IT UP AS

NEGATIVE. >> STAFF CONCERN IS CANADA BASED ON THE TEXTS TIMING AS FAR AS INFRASTRUCTURE.

IT'S NOT AS A PROJECT IN THE FORESEEABLE FUTURE WHICH I RESPECT THAT BUT IN MY UNEDUCATED OPINION CACTUS ACTUALLY GIVES US MORE OF AN ABILITY TO CONTROL WHAT HAPPENS ON THAT IF THEY CONTINUE TO DRAG THEIR FEET RATHER THAN LESS CONTROL BY THE WAY THE APPLICANT CHANGED ITS OWN COMMISSION ON

MISUNDERSTANDING THAT. >> THAT IS CORRECT.

>> AND ALSO STAFF INDICATED PART OF THE RECOMMENDATION IS THAT IT'S NOT CONSISTENT WITH GUIDING OUR FUTURE CONFIDENCE OF PLAN NEIGHBORHOOD LOCAL RETAIL FUTURE LAND USE MAP.

BUT I'M STRUGGLING WITH THAT LITTLE BIT BECAUSE IN THAT MODULE SAYS IT'S INTENDED TO PROVIDE RESIDENTS WITH NEARBY SERVICES AND COMMERCIAL ESTABLISH LONG HIGHLY TRAVELED THOROUGHFARES. THIS MODULE ENCOMPASSES A VARIETY OF BUSINESSES TWOS WERE DAILY NEEDS SUCH AS GROCERY STORES RESTAURANTS AND LAUNDRY STORES.

COMMERCIAL ESTABLISHMENTS SHOULD BE SMALLER IN SCALE COMPARED TO REGIONAL MODULE. AND I GUESS WHAT I'M STRUGGLING IS I DO RESPECT STAFF'S OPINION. BUT WHEN I READ THE ACTUAL DEFINITION OF LAND USE FOR THE LOCAL RETAIL WHICH THIS FALLS WITHIN ON OUR MAP, THIS PROJECT ME SEEMS LIKE IT IS AN ABSOLUTE ALIGNMENT WITH THE LAND-USE STATEMENT IN OUR FUTURE SO HELP ME UNDERSTAND THE DIS- ALIGNMENT THIS PART OF THE PRECIPITATION

OF RECOMMENDATION OF DENIAL. >> I WOULD SAY THE BIGGEST ISSUE WITH THAT IS TRANSITIONAL LOTS PORTION OF THE GUIDING OUR FUTURE OF THEM. SO THE BIGGEST ISSUE IS TRADITIONAL OR TRANSITIONAL LOTS ACCESSIBILITY AS FAR AS WALNUT GROVE ENTRANCE BEING NO REAL CONNECTIVITY.

THE BUFFERING ON THE NORTHWEST PORTION OF IT IS NOT COMPLETELY SCREENED ALTHOUGH SCREENING WAS ADDED AS WELL.

THROUGH THE MORE BUFFERING AS WELL AS JUST WALK ABILITY.

>> OKAY IS THERE SIDEWALKS ON WALNUT GROVE AND ALONG

WESTMINSTER? >> ON THE SIDE NO.

ON THE OTHER SIDE YES. SO IS THE APPLICANT, WILLOUGHBY SIDEWALKS WESTMINISTER, IS THAT PART OF THEIR DEVELOPMENT?

>> IT IS IN THE PROPOSED, BUT ONCE THE FACES LOT AREAS DEVELOPED THAT'S WHEN IT WILL BE DEALT.

>> THAT WAS THE PLAN IN JAN BUT BASED ON PNZ'S HER CONDITION AND SIDEWALKS ALL THROUGH SO WHEN YOU START SIDEWALKS BE IN ALL OF

>> PHASE ONE WILL BUILD SIDEWALKS ENTIRE PERIMETER OF THE PROPERTY. AND THAT'S WHERE I'M STRUGGLING BECAUSE IT TALKS ABOUT APPROPRIATE ELEMENTS INCLUDE CROSS ACCESS BETWEEN PROPERTIES IN NEARBY RESIDENTIAL DEVELOPMENT, AND I THINK THAT THAT DOES, YOU KNOW, TO ME MANIFEST IN THE SITE PLAN WE ARE BEING PRESENTED IN OUR DEVELOPMENT APPROPRIATENESS MAJOR ACCIDENT AT THE BOTTOM IT HAS THREE DOTS FOR NEIGHBORHOOD SERVICES MEANING THAT'S VERY MUCH GOOD TO BE A GENERAL PROFESSIONAL AND COMMUNITY RETAIL DUNDURN GENERAL COMMERCIAL HAS ONE DAUGHTER AND SAYS SHOULD ANCHOR KEY INTERSECTIONS TO SUPPORT NEIGHBORHOOD SERVICES. AND IN MIDLOTHIAN THIS IS ONE OF THE MOST KEY INTERSECTIONS BETWEEN WHAT WILL BECOME A FOUR LANE DIVIDED STATE FARM TO MARKET ROAD AND SIX LANE DIVIDED THOROUGHFARE ON THE CITY OF MIDLOTHIAN'S FUTURE THOROUGHFARE PLAN MAP. SO I GET THAT WE ARE NOT THERE COMPLETELY TODAY, BUT IF THIS, WE ARE GOING TO DENY PROJECTS BASED ON WHAT'S NOT THERE TODAY, THAN THE HIGH SCHOOL SHOULD NOT

[01:25:02]

HAVE BEEN BUILT WHERE IT IS. THE TOM THUMB DEVELOPMENT SHOULD NOT BE BUILT WHERE IT IS. THE MASSEY MEADOWS SUBDIVISION SHOULD NOT HAVE BEEN BUILT OR IT WAS.

THE GROVE SHOULD NOT HAVE BEEN BUILT WERE WAS.

WHAT ELSE? RANCHER LAGOS SHOULD NOT BE BUILT. YOU COULD ARGUE THAT MOST OF KENSINGTON PART SHOULD NOT HAVE BEEN BUILT WHEN IT WAS BUILT DECADES AGO BECAUSE IT WAS NOT THERE YET.

BUT YET WE HAVE ALL OF THESE RESIDENTS THERE MOVING IN TO THIS AREA, AND IF THEY DON'T HAVE NEIGHBORHOOD SERVICES NEAR THEIR DEVELOPMENTS THEY ARE GOING TOWN ACROSS TOWN TO KROGER TAKING A TRAFFIC MIGRATION PATTERN INSTEAD OF AN INTERNAL CIRCULATION WITHIN A NEIGHBORHOOD, AND THAT'S REALLY FOR ME LOOKING AT THIS, IT IS A DAY CARE THAT WILL SERVE THE RESIDENTS THAT LIVE OUT IN THAT AREA.

IT IS GENERAL PROFESSIONAL. IT COULD BE A DENTIST.

IT COULD BE A TANNING SALON. IT COULD BE A PILATES STUDIO.

THINGS THAT FOLKS DON'T HAVE TO DRIVE TEN, 15, 20 MINUTES TO ONE OF THE REGIONAL RETAIL AREAS TO OBTAIN THOSE SERVICES.

SO LOOKING AT THIS FROM MY PERSPECTIVE WITH THE CHANGES THAT HAVE BEEN MADE AND THE ADAPTATIONS MADE I THINK THIS IS ABSOLUTELY RIGHT, APPROPRIATE, FITTING WITH THE FUTURE LAND USE PLAN. NOT ONLY IN THE SPIRIT BUT THE LETTER OF THE ORDINANCE. AND I COULDN'T -- I WOULD HATE FOR US TO PUNISH SOMEONE BECAUSE TEXT DOT IS DRAGGING THEIR FEET.

>> I GUESS MY PRIMARY CONCERN, AND IT IS THE SAME AS IT WAS THE LAST TIME AND I AM IN AGREEMENT WITH EVERYTHING COUNCILMAN WEAVER HAS MENTIONED UP TO A POINT.

THERE'S ONLY ONE LANE TO DUMP ALL THIS TRAFFIC OUT ON.

IF THERE WERE TWO EVEN FOR STRETCH DOWN TO THE FIRE STATION EVEN WOULD BE DIFFERENT FOR ME. I THINK YOU HAVE DONE A WONDERFUL JOB AND THANK YOU HAVE DONE EVERYTHING THAT'S BEEN ASKED OF YOU. I WILL SAY THAT THE TOM THUMB DEVELOPMENT, OF COURSE THAT WAS APPROVED SOMETIME BACK.

I'M NOT EVEN SURE. I'M THINKING THAT MESSING MEADOWS, THAT RETAIL WAS INCORPORATED WITHIN THE ORIGINAL PD, I WANT TO SAY THAT WAS APPROVED BEFORE THE HIGH SCHOOL WAS APPROVED. YES OR NO? MAYBE. MAYBE NOT.

IT WAS A LONG TIME AGO. SO IT ISN'T AS THOUGH THOSE, LIKE MASSEY MEADOWS IN THE RETAIL SEPARATELY.

THAT WAS PART OF AN ORIGINAL PD. WE WERE IN A KIND OF BY RIGHT TO APPOINT SITUATION. FROM THE HIGH SCHOOL WINTON, MASSEY MEADOWS MIGHT BE STARTING MY PRIMARY CONCERN IS TO GET TO A POINT WHEN I AM ABLE TO VISUALIZE AND EXPERIENCE THE MAGNITUDE OF WHAT WE PLACED UP IN THE SMALL SCOPE OF AN AREA.

DO NEED MORE DAYCARES? DEFINITELY.

HAVE YOU DONE AN EXCELLENT JOB OF TRYING TO PHASE THIS OUT AND REPLACE IT IN A WAY TO WHERE IT IS DOING THE MOST YOU CAN DO WITH WHAT YOU HAVE BEEN, TOUGH STANDARDS HAVE BEEN PLACED UPON THE? THE PROBLEM I HAVE IS IN THINKING THAT RECENTLY TEXT DOT BUMPED STARTING DATE BACK AGAIN FROM WHAT WE ORIGINALLY THOUGHT IT WOULD BE 27, 28 AND BACK IN THE 30 RANGE AGAIN, 31. SO SADLY I THINK THE DEVELOPMENT IS RUNNING A LITTLE AHEAD OF TIME.

I DON'T LIKE TO HAVE TO TELL YOU THIS.

I FEEL VERY BADLY. I BELIEVE IN PRIVATE PROPERTY OWNER RIGHTS. BUT AT THE SAME TIME IN NEED TO GET A LITTLE BIT OF FEEL FROM WHAT IS GOING TO HAPPEN AT THE TOM THUMB AND THAT REGION. THIS WILL BE A REAL ANTHILL REGION POPPING UP. AND I DO BELIEVE THAT THE LOCAL RESIDENTS NEED SERVICES, THE MOST IMPORTANT SERVICE IS ACCESSIBILITY. AND I JUST THINK THAT RIGHT NOW THE MORE THAT WE HAD IN ACTIVITY-BASED, THAT WE ARE JUST EXTENUATING THE PROBLEM AREA UNTIL WE KNOW BETTER OF WHAT'S

GOING ON WHEN TOM THUMB IS DONE. >> THANK YOU FOR YOUR COMMENTS.

I'M TRYING TO THINK OF THE RIGHT WAY TO PUT IT.

LAST WEEK IN THE PLANNING AND ZONING MEETING THERE WAS 600 APPROVED FOR BLOOMINGDALE. IN THE SAME STREET, THAT'S GOING

[01:30:04]

TO BE COMING UP. SO IT WAS IF YOU THINK ABOUT THE PAST YEAR UNTIL TODAY I HAVE MADE EVERY EFFORT TO REDUCE THAT. FROM MY STANDPOINT.

I HAVE SACRIFICED ENOUGH ON THE NEED THE USE, THE STRUCTURE, THE FUTURE PHASE THREE WHICH IS TIED TO 31, I HAVE MADE THESE EFFORTS TO REDUCE IT. BUT YET THERE WAS AN APPROVAL OF 600 POUNDS TIMES FOUR OR FIVE MEMBERS.

>> I WANT TO MAKE SURE YOU KNOW AND ENCOURAGE YOU TO GO AND STUDY THE APPROVALS VERSUS COUNSEL FINAL APPROVAL AND WHAT IS APPROVED. THAT IS AN ADVISORY BODY WHICH IS VERY IMPORTANT TO US AND THEY DO A GREAT JOB.

BUT A LOT OF WHAT THEY APPROVE, ONCE IT GETS PASSED OUT, DOESN'T ALWAYS WORK OUT. SO I CANNOT TELL YOU HOW IT WILL WORK OUT. AND I WANT TO STRESS AGAIN BEFORE WE MOVE ON, I THINK YOU HAVE DONE A GREAT JOB.

FOR ME THE KEY ELEMENT IS THAT THERE IS ONLY ONE LANE COMING AND ONE LANE GOING AND THAT IS IT.

THERE ARE TWO LANES. THERE'S A TURN LANE IN THE MIDDLE BUT AT PEAK TIMES AND I THINK WHEN WE ADD IT TO THE MIX, I THINK THE OPPOSITE CAN HAPPEN. I THINK A LOT OF FOLKS THAT ARE DRIVING ACROSS TOWN -- I THINK THERE'S GOING TO BE FIRST SIX MONTHS WHEN EVERYBODY CAN'T STAND IT.

GETTING IN THERE AND EXPERIENCING IT.

AND I NEED TO SEE HOW THAT SETTLES OUT BEFORE I GO APPROVING MORE IN THIS QUADRANT AREA.

I THINK THIS IS GOING TO COME QUICKER RATHER THAN LATER AND I NEED TO SEE WHAT'S GOING TO HAPPEN.

I THINK YOU'RE DOING A GREAT JOB.

>> I'VE JUST GOT A COUPLE COMMENTS.

ONE OF THEM IS THAT I COMPLETELY UNDERSTAND, CONCEPTUALLY, WHAT YOU'RE TALKING ABOUT REGARDLESS OF THE DEVELOPMENT.

WE ARE PUTTING IN -- WE'VE GOT DEVELOPMENTS APPROVED THAT ARE STILL BEING WORKED ON AND ARE BRINGING IN HUNDREDS AND THOUSANDS OF PEOPLE IN THAT ARE GOING TO MAKE TRAFFIC IMPACTS THAT ARE SIGNIFICANTLY HIGHER THAN WHAT YOU WERE IN THE MIDDLE OF. I THINK THAT WAS MAYBE THE -- CONCEPTUALLY WHAT YOU WERE TALKING ABOUT THERE.

I DON'T THINK THERE'S ANYBODY ON THE DAIS THAT THINKS THE TRAFFIC SITUATION IS FANTASTIC HERE. BUT ALSO SPEAKING FOR MYSELF, I HAVE SEEN VERY LITTLE TIMES IN THE LAST FEW YEARS HERE WHERE TEXT DOT IS AHEAD OF THE DEVELOPMENT.

IN ANY PART OF THE CITY. EVERYTHING I HAVE EVER HEARD US TALK ABOUT IS HEY, IT IS SO FAR BEHIND, WHAT CAN WE DO TO PUSH THEM TO BE LESS BEHIND? MAKE TH, MAKE THEM DO IT SLOWER.

I DON'T THINK ANYBODY REALLY KNOWS WHAT THEY ARE GOING TO DO OR WHEN THEY ARE GOING TO DO IT. SO FOR ME, WITH THE CHANGES THAT WERE MADE HERE, I THINK THE BEST THING TO DO OUTSIDE OF JUST TAKING RECOMMENDATIONS AND MAKING TWEAKS, IS TAKING THAT PHASE THREE AND JUST TURNING IT INTO SOMETHING YOU'RE GOING TO HAVE TO BRING BACK FROM THE SITE.

I THINK THAT GIVES THIS BODY REAL FLEXIBILITY.

IT GIVES ME COMFORTABILITY BACK EVEN MORE OUTSIDE OF THE OTHER CHANGES YOU MADE, TO WHERE WE CAN TAKE THAT -- THOSE TIMELINES INTO CONSIDERATION, AS YOU ALREADY SHARED.

I THINK YOU HAVE DONE A LOT OF TWEAKS THAT ARE PRODUCTIVE, THAT ARE POSITIVE. WHAT DO YOU START WITH? WAS IT SIX VARIANCE OR SOMETHING? YOU OBVIOUSLY REDUCE THAT SIGNIFICANTLY.

I THINK YOU HAVE SHOWN A LOT OF GOOD FAITH EFFORTS, AS YOU MENTIONED EARLIER, TO MAKE POSITIVE CHANGES HERE.

SO I DO NOT WANT TO HOLD UP YOUR PROJECT, ESPECIALLY AT THIS POINT WHEN WE HAVE ALREADY HAD TO GO BACK AND FORTH OVER SOMETHING THAT NONE OF US CAN CONTROL, WHICH IS THAT TEXTILE EXPANSION. SO FOR ME, I AM PLEASED WITH IT.

THERE ARE THINGS I WOULD LIKE TO SEE DIFFERENTLY THOSE ARE THINGS THAT ARE OUT OF YOUR CONTROL. SO I'M HAPPY WITH WHAT YOU HAVE DONE AND APPRECIATE WHAT YOU HAVE DONE.

>> WAYNE? >> I JUST HAVE A COUPLE QUESTIONS. AS WELL AS MAKING ONE COMMENT

[01:35:01]

FIRST. I'VE LIVED FOR 26 YEARS ON 663.

AND THERE IS A DAY CARE CENTER. THERE IS ONLY TWO LANES FOR THE TURNING LANE AND IT SEEMS TO FUNCTION PRETTY WELL.

THE BIG PROBLEM THAT I HAVE RIGHT NOW IS ON SUNDAY MORNINGS WITH THREE MAJOR CHURCHES DOWN THAT ROAD I CAN'T GET THROUGH THE DRIVE TO BEAT THEM TO THE RESTAURANT.

SO THAT IS THE OTHER STORY. BUT WHAT ARE YOUR MOST RECENT -- BECAUSE YOU HAVE SHOWN AN ABILITY TO ADAPT BY LISTENING TO NOT ONLY COUNSEL BUT LISTENING TO VARIOUS BOARDS.

WHAT ARE THE MOST RECENT ADAPTATIONS THAT WE ARE SEEING HERE, TODAY, THAT YOU HAVE MADE THAT MAY NOT HAVE BEEN A WEEK AGO OR THREE WEEKS AGO OR A MONTH AGO, IF YOU COULD JUST

POINT THOSE OUT? >> WOULD YOU SEE HERE IS MOTION 17. THAT IS THE NUMBER OF CHANGES THAT WERE MADE. I DON'T HAVE A TOTAL HERE BUT I CAN -- IT IS -- THE BIGGEST IMPACT CHANGES IS WE HAVE REDUCED THE INTENSITY OF USE IN THAT CORA DOOR.

THAT WAS ONE OF THE BIGGEST CONCERNS FOR OUR STAFF ALONG WITH THE TRAFFIC ASSOCIATED WITH THAT.

WE HAVE TAKEN DOWN THE USE ON THIS BUILDING -- THIS BUILDING THAT WAS A RECOMMENDATION FROM THE STAFF AND COUNCIL.

WE THEN TOOK OFF A DRIVE THROUGH WHICH WAS IN THE ORIGINAL PLAN TO BE IN BUILDING D. WE DO NOT HAVE THAT ANYMORE.

WE HAD TO DRIVE THROUGH HIS FOR THE ENTIRE SITE.

ONE BY THE RIGHT AND WE REMOVED -- WE ARE NOW ASKING ONE IN A FUTURE SPACE WHICH COUNCIL AND STAFF HAVE COMPLETE CONTROL OVER ON THAT POINT IN TIME. SO THOSE ARE THE TWO BIG IMPACT CHANGES. AND NOT TO MENTION ALL OF THE CHANGES THAT HAVE COME THINGS LIKE CHANGE OF MONUMENT TIMES, SIDEWALKS, LANDSCAPING, ALL OF THAT.

UNLESS WE HAD AN OBSTACLE IN TERMS OF MAINTENANCE OR INFRASTRUCTURE OR THOSE OTHER CHANGES.

BUT THE BIGGEST IMPACT WAS USE AND REALIGNING THE BUILDINGS AND GETTING CONTROL BACK TO STAFF. IN THE FUTURE, WE ARE STILL DEPENDENT FIVE YEARS NOW ON THOSE PARTNERSHIPS.

YOU COULD OPEN IT, WE COULD SEE A BIG SPIKE.

THOSE ARE THE BIGGEST THINGS. >> JUST TO BE CLEAR OF THE QUESTION THOSE ASK A MOMENT AGO, IF I HEARD CORRECTLY, THIS PROPOSAL IS WITH THE SIDEWALK, EVEN AROUND PHASE THREE.

GOING ALL THE WAY AROUND THE WHOLE PROPERTY.

>> CORRECT. >> THAT WILL NOT BE WAITING UNTIL PHASE THREE LATER ON. WAS THAT ADDED ON BEFORE YOU WENT TO THE STAFF OR YOU WENT? OR DID YOU DO THE LAST FEW DAYS?

>> THERE IS A COMMENT THAT CAME THOSE INCLUDED IN THE CITY COUNCIL MEETING LAST FEBRUARY.

>> OKAY. THAT WAS PREVIOUSLY CONSIDERED AND YOU PUT IT IN THIS PRESENTATION.

>> I DO HAVE A SLIDE THAT TALKS ABOUT ALL OF THESE CHANGES, WHERE IT ORIGINATED FROM AND JUST THE REQUESTS.

>> AND I AM IN AGREEMENT THAT SOME OF THESE ASPECTS -- IT MAY BE THAT WHEN THAT DEVELOPMENT OPENS AND IT WILL BE THE FIRST SIX MONTHS, LET'S CHECK IT OUT. YOU WERE JUST GOING TO BE BREAKING GROUND. AND IT MAY BE THAT SOME PEOPLE GET FRUSTRATED SAYING I WANT TO BE DRIVING DOWN THE ROAD UNTIL IT DOES SOMETHING. WE HAVE THIS ROAD WHATEVER IT MAY BE. BUT I DO SEE WHAT YOU HAVE AS

[01:40:01]

FAR AS PHASE ONE, THAT IS GOING TO TAKE IT AND THEN IN PHASE TWO, THAT WILL TAKE A LITTLE TIME.

AND THIS WILL BE PLAYING OUT. AND IN THE MEANTIME, I DON'T KNOW IT IS FAIR TO PENALIZE YOU FOR WHAT YOU DON'T HAVE ANY CONTROL OVER AT ALL WITH TEXT DOT.

THEY WILL EVENTUALLY DO IT. AND I SAID A LITTLE WHILE AGO, SOMETIMES THEY DON'T DO IT BECAUSE IT IS WAY TOO LATE, I HAVE NEVER SEEN THEM, EVEN WHEN I WAS ON THE SCHOOL BOARD AND WE BUILT THAT, THE HIGH SCHOOL THAT'S OVER THERE.

AND IT TOOK US FOREVER TO GET THAT ROAD STRAIGHTENED OUT.

EVEN THOUGH WE AGREED TO IT TWO YEARS BEFORE THAT, BEFORE HE EVER EVEN BROKE DIRT ON BUILDING THAT HIGH SCHOOL.

FINALLY, TWO, THREE, FOUR MONTHS LATER AFTER THE HIGH SCHOOL HAD OPEN, THEY FINALLY HAD THE ROAD STRAIGHTENED OUT.

THAT'S KIND OF WHAT MY EXPERIENCE WAS SO I DON'T KNOW IF IT IS REALLY FAIR TO PENALIZE YOU WHEN I CAN SEE THIS PHASING IN, THIS WILL BE OVER TIME AND WE STILL HAVE A LOT MORE CONTROL ON PHASE THREE. SO IT'S GOT TO COME BACK TO IT.

THAT'S KIND OF WHAT I'M SEEING NOW, WHAT YOU HAVE DONE.

THANK YOU. >> SO ON THIS PHASE, OBVIOUSLY FIRST, WHAT IS THE TIMELINE DIFFERENCE BETWEEN ONE A AND 1B?

>> WE ARE -- WE DON'T KNOW -- >> IF YOU DON'T HAVE ONE, THAT'S

FINE. >> WE DON'T HAVE A TIME FRAME --

>> WE'RE TALKING ABOUT IMPACT. 'S RIGHT NOW, IF THIS WAS APPROVED -- THE FIRST AND ONLY IMPACT WOULD BE THE DAY CARE.

>> THE DAY CARE AND THEN IT TOOK A YEAR TO GET THE DAY CARE UP AND RUNNING AND WE'RE TRYING TO DO PHASE ONE AND THEN MOVE ON TO PHASE TWO. SO WE DON'T HAVE AN EXACT TIME FRAME WE HAVE AT LEAST THREE YEARS.

>> AT CITY HALL, I MAY HAVE MISSED THE POINTERS.

ON PHASE ONE, THE INNER ROADS, WHATEVER YOU WANT TO CALL IT, ARE YOU CONNECTING OVER TO WEST MINISTER WERE REBUILT THE

DAY CARE? >> WHEN THE DAY CARE IS BUILT, ALL OF THIS INFRASTRUCTURE IS GOING TO WESTMINSTER, GOING INTO

THE GROVE AND THE DRIVEWAY. >> I WAS MORE INTERESTED IN OTHER THINGS. BECAUSE THAT GIVES MORE ACCESS.

SO WHEN WE TALK ABOUT BUILDING C WHICH WOULD BE THE FIRST BUILDING THERE, THAT IS A GENERAL PROFESSIONAL ZONING? DOES ANYONE KNOW WHAT CAN GO THERE?

>> WE WENT THROUGH THAT WITH THE STAFF.

PUTTING TOGETHER THE CHART AND WHAT WAS ALLOWED.

>> MOST OF THE TIME I MEANT IT FROM AN IMPACT BASIS.

DOES COUNSEL KNOW ONE OF THESE IS AN ART STUDIO, A HEALTH STUDIO, BARBERSHOP AND PROFESSIONAL OFFICE? IT GOES ON AND ON. BUT TYPICALLY, IT IS NOT WHAT I WOULD CALL HIGH-TRAFFIC USES. SO WHEN WE ARE WORRIED ABOUT IMPACT, -- THIS IS THE ARGUMENT WE HAD AND I THINK IT WAS ONLY ALLEN ON THE COUNCIL, THE WHOLE ARGUMENT ON TOM THUMB WAS THIS WOULD BE A TRAFFIC RELIEF BECAUSE THAT OF SOMEONE ON THAT SIDE OF TOWN COMING ALL THE WAY INTO DOWNTOWN FOR SOMETHING, THERE NOW ONLY JUST GOING FOR MILES INSTEAD OF 7 MILES OR WHATEVER IT IS. SO I AGREE THAT 1387 IS AN ISSUE BUT REALLY, PHASE ONE A AND 1B I WOULD SAY IS ALMOST A RELIEF, I'M SURE WE CAN ALL ARGUE SIX DIFFERENT WAYS BUT I DON'T SEE IT AS THE NEGATIVE THAT IT HAS BEEN MADE TO SOUND LIKE.

SO I DON'T HAVE AN ISSUE WITH IT I THINK YOU HAVE DONE A GREAT JOB. I AGREE WITH EVERYONE ELSE.

IF I CAN TELL YOU TO NOT BUILD IT FOR THE NEXT 20 YEARS, I WOULD. BUT THAT IS NOT FAIR TO YOU.

I JUST MOSTLY WANTED TO POINT OUT, I DON'T THINK IT IS A HIGH-TRAFFIC IMPACT. AND COUNSEL KNOWS WHAT IT DAY CARE EFFECT IS. THAT WE DISCUSSED THIS TO MEETINGS AGO. AND GENERAL PROFESSIONAL, THAT IS BASICALLY THE EXAMPLE. SO THOSE ARE AREAS I WOULD

[01:45:05]

CONSIDER. >> I WILL TAKE A MOTION ON IT.

>> MOTION TO APPROVE. >> SECOND.

>> THE MOTION MADE TO APPROVED BY COUNCILMAN WEAVER, SECOND AND FIVE COUNSELOR NORMAN. THE ITEM PASSES 5-1.

[2026-088 Consider and act upon authorizing the City Manager to enter into an agreement with Preload, LLC for the Auger Water Treatment Plant Prestressed Concrete Ground Storage Tank (3 million gallons) project in a base bid amount of $4,960,000 plus an alternative bid amount of $143,000, for a total cost of $5,103,000.]

THANK YOU SIR, THANK YOU DANIEL. ONTO THE REGULAR AGENDA.

ITEM 202688, ACTING UPON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE WATER TREATMENT PLANT.

THE CONCRETE GROUND STORAGE TANK PROJECT IN A BASE BID AMOUNT OF $4,960,000 PLUS AN ALTERNATIVE BID AMOUNT OF $143,000 FOR TOTAL

COST OF $5,103,000.0. >> THANK YOU, GOOD EVENING COUNSEL. AS PART OF OUR CONTINUED WATER SYSTEM IMPROVEMENTS AND EXPANSIONS AT THE WATER TREATMENT PLANT, WE CURRENTLY HAVE 23 MILLION-DOLLAR GROUND STORAGE TANKS, THIS WILL BE THE THIRD ONE THAT WE HAVE PLANNED FOR. IT WILL ALLOW FOR 9 MILLION GALLONS WORTH OF GROUND STORAGE, WHICH IS NINE HOURS WORTH OF STORAGE BASED ON A STANDARD FACILITY WHICH IS 88 AND 12 HOURS, ANYWHERE IN RANGE. WE DID RECEIVE OPEN BIDS ON FEBRUARY 26TH OUT OF THE TWO BIDS RECEIVED, THERE WERE ONLY REALLY TWO MAIN MANUFACTURERS IN THESE TYPES OF TANKS.

BITTER IN THE AMOUNT OF $4.96 MILLION.

ALONG WITH THIS ITEM, WE ALSO HAD SOME ALTERNATIVES.

THE ONE WE ARE RECOMMENDING IS THE WALLS WHICH WE CURRENT HAVE IT IN THE TWO EXISTING TANKS AND THOSE ARE WORKING WELL.

BUT WE DID ALSO ADD A RECOATING OF THE TWO EXISTING TANKS TO GO ALONG WITH THE CONSTRUCTION OF THE NEW TANK AND THAT WAS FOR ANOTHER $143,000. THE TOTAL COST IS A LITTLE OVER -- A LITTLE OVER $5.1 MILLION. THIS IS COMING OUT OF THE UTILITY FUND AND SO THIS WAS LOOKED AT AS PART OF THE STRATEGIC PLAN. INITIALLY THERE WAS THE ASSUMPTION OR THE THOUGHT OF ISSUING A REVENUE BOND.

HOWEVER, WE ARE RECOMMENDING THE FUND BALANCE FROM THE UTILITY FUND TO COVER THIS PROJECT IN THE TOTAL AMOUNT.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS OR COUNSEL MAY HAVE.

>> WOULD YOU LIKE TO SPEAK? ANY QUESTIONS ON THIS?

>> THE UTILITY ADVISOR BOARD TOOK ACTION ON THIS.

>> WE DID ADVISE AND BRIEFLY DISCUSS IT AT THE MEETING LAST THURSDAY. IT WAS NOT REALLY A RECOMMENDATION ITEM SINCE WE HAD ALREADY DISCUSSED IT PREVIOUSLY BUT WE HAD INFORMED ABOUT THE PROJECT AND THE COST.

>> ONE QUICK QUESTION. I STEPPED OUT JUST BRIEFLY THERE. YOU SAID YOU HAD CONSIDERED A REVENUE BOND BUT IT WILL ACTUALLY END UP BEING DONE OUT

OF THE FUND BALANCE? >> YES, SIR,.

>> THAT IS INCREDIBLE. >> WE WILL TAKE A MOTION ON IT.

MOTION TO APPROVE? >> SECOND.

>> PLEASE VOTE. WAYNE STEPPED OUT.

ITEM PASSES 5-0 WITH THE COUNCILMAN STEPPING OUT ON THIS

[2026-089 Consider and act upon a resolution authorizing the Midlothian World Soccer Festival & Watch Party, an event hosted by the City of Midlothian Parks and Recreation, scheduled for Friday, June 12, 2026, and an all-ages soccer tournament co-hosted by Midlothian Soccer Association, scheduled for Saturday, June 13, 2026, in accordance with a Special Event Permit as established by the City of Midlothian Zoning Ordinance 2013-24, as amended, Section 2.04 (Use Table) (Case No. SEP09-2026)]

CASE. THANK YOU MIKE.

HEATHER, COME ON UP. 2026-089, ACTING ON A RESOLUTION AUTHORIZING THE WORLD SOCCER FESTIVAL AND WATCH PARTY, AN EVENT HOSTED BY THE CITY PARKS AND RECREATION, SCHEDULED FOR FRIDAY, JUNE 12TH, 2026. AND ALL AGES SOCCER TOURNAMENT COHOSTED BY THE SOCCER ASSOCIATION, SCHEDULED FOR SATURDAY, JUNE 13, 2026 IN ACCORDANCE WITH A SPECIAL EVENT PERMIT IS ESTABLISHED BY THE CITY ZONING, ORDINANCE 2013-24.

>> GOOD EVENING MAYOR AND COUNCIL.

I AM HERE THIS EVENING TO DISCUSS -- TYPICALLY WE BRING FORWARD OUR YEAR FULL OF EVENTS AT ONE TIME AND SO I AM HERE WITH THIS ONE BECAUSE WE ARE KIND OF LOOKING AT THIS FIFA WORLD CUP COMING AND BRINGING IN CROWDS OF PEOPLE TO OUR AREA, TO NORTH TEXAS AND OUR REGION. WITH A STADIUM RIGHT NEXT DOOR.

SO WE KNOW PEOPLE ARE COMING. WE KNOW WE HAVE A GROWING SOCCER COMMUNITY HERE. IT GROWS AND TRIES TO OUTGROW US EVERY YEAR. SO WE ARE CONSTANTLY TRYING TO KEEP UP WITH THAT. SO WITH ALL OF THAT GOING ON, WE FELT LIKE THIS WOULD BE A GOOD DRAWER FOR OUR COMMUNITY, IN OUR SOCCER COMMUNITY OUT AND THOSE AROUND HER JUST EXCITED ABOUT SOMETHING -- THIS WORLDWIDE SAGE COMING HERE DOWN THE STREET.

[01:50:03]

SO OUR THOUGHT IS THAT THIS WOULD SHOW OFF THE MIDLOTHIAN WORLD SOCCER AND SETTING UP AT COMMUNITY PARK IN THE GREAT LAWN TO CREATE, ESSENTIALLY, THE MAIN CONTINENTS, AREAS THAT WOULD BE COMING. AFRICA, SOUTH AMERICA, NORTH AMERICA, EUROPE AND ASIA AND JUST KIND OF GIVE OUR COMMUNITY A LITTLE TASTE OF THE WORLD COMING HERE, LOOKING TO HAVE DIFFERENT TYPES OF FOOD, DIFFERENT VENDORS.

THINGS OF THAT NATURE. REALLY FOCUSING ON SOCCER APPAREL, SOCCER GEAR, LOCAL COMMUNITY, LOCAL VENDORS COMING IN HERE. SO LOOKING AT HAVING MAY BE SOME DIFFERENT GROUPS AND MUSIC GROUPS IN THE MIDDLE OF THE LAWN. AND AT THE AMPHITHEATER, SHOW THE USA GAME. AND ALLOW PEOPLE TO JUST COME OUT AND PUT THEIR LAUNCHERS OUT AND LET THE KIDS RUN AROUND AND BE CRAZY AND DO WHAT THEY ARE GOING TO DO AT THE PARK WHAT THEY GET TO HANG OUT WITH THEIR FRIENDS AND WATCH A SOCCER MATCH. THAT IS THE GIST OF IT.

THE SECOND PART OF THAT IS THAT THE MIDLOTHIAN SOCCER ASSOCIATION WILL BE WORKING TO SET UP A TOURNAMENT THE NEXT NIGHT TO BRING EVERYONE OUT TO ENJOY PLAYING A SOCCER GAME THE DAY AFTER THE USA PLAYS. THAT WOULD ALL BE HOUSED AT THE COMMUNITY PARK. WE HAVE BEEN WORKING WITH ALEC FROM THE CHAMBER OF THIS EVENT. HE IS A SOCCER FANATIC.

SO WE'RE LETTING HIM USE SOME OF HIS FABULOUS IDEAS.

THAT IS THE ONE SPORT I DID NOT PLAY GROWING UP.

SO THAT IS NOT MY THING. BUT I GET TO PLAY WITH IT EVERY DAY IN THE PARKS WORLD. SO WITH THAT, I WOULD BE HAPPY TO ANSWER ANY QUESTIONS Y'ALL MAY HAVE.

>> WE MAY REQUIRE YOU TO BE ON ONE OF THE TEAMS.

[LAUGHTER] >> IT WILL NOT BE PRETTY.

>> ANYONE ELSE WANT TO SPEAK ON THIS? QUESTIONS ON THIS? I'M EXCITED ABOUT IT, I THINK IT IS A GOOD IDEA. THERE WILL BE SOME NATIONAL MOMENTUM AROUND A BIG EVENT. IT SHOULD BE GREAT.

I WILL MAKE A MOTION TO APPROVE. MOTION MADE BY MYSELF, SECONDED BY COUNCILOR WEAVER. PLEASE VOTE.

PASSES 5-0. >> THANK YOU MAYOR AND COUNCIL.

>> THANK YOU. A SIMILAR ITEM, 2026-091,

[2026-090 Consider and act upon a request from the Midlothian Communications & Marketing and Parks & Recreation Departments to expend $20,000 of Municipal Hotel/Motel Tax monies for advertising and event expenses for the Midlothian World Soccer Festival and Watch Party and all-ages soccer tournament.]

CONSIDER AND ACT UPON -- 2026-90.

CONSIDER AND ACT UPON A REQUEST FROM THE MIDLOTHIAN MEDICATIONS AND MARKETING AND PARKS AND RECREATION DEPARTMENTS TO EXPAND $20,000 OF ME IN A CIVIL TAX MONEY TO ADVERTISING IN EVENT EXPENSES FOR THE MIDLOTHIAN WORLD SOCCER FESTIVAL AND ALL

AGES SOCCER TOURNAMENT. >> YES, THIS IS ANOTHER OPPORTUNITY TO UTILIZE SOME OF OUR FUNDS IN OUR HOTEL-MOTEL TAX FUND. THIS QUALIFIES UNDER THE STANDARDS THAT WE HAVE FOR THOSE AS IT IS PROMOTING THE CITY AND ADVERTISING IT AND POSSIBLY BRINGING PEOPLE IN FROM THE OUTSIDE. THIS WILL BE EXPENDED, THERE IS CURRENTLY A FUND BALANCE OF ABOUT $570,000.

AND TO PIGGYBACK, THIS PARTICULAR APPLICATION WAS PUT DOWN BEFORE YOU MODIFY THE APPLICATION EXPLAINING THAT RECEIPTS ARE REQUIRED. BUT THIS IS AN INTERNAL DEPARTMENT, SO I WILL MAKE SURE THEY TURN IN THEIR RECEIPTS.

IF YOU HAVE ANY QUESTIONS, WE WOULD LIKE TO ANSWER THOSE.

>> ANY SPEAKERS? QUESTIONS, COMMENTS?

>> I JUST HAVE ONE QUESTION. WHAT TYPE OF MARKETING OR ADVERTISING IS BEING PLANNED? IS IT LIKE BROCHURES, MASS MAILINGS? FACEBOOK?

[LAUGHTER] >> THEY ARE TALKING ABOUT FLYERS AND POSTERS, YARD SIGNS, IT CAN BE POSTERS AT THE SPORTS FACILITIES, RADIO ADVERTISING, THIS SAYS BILLBOARDS ON HIGHWAY 287 AND HIGHWAY 67. AND SOME PRINT ADVERTISING AND NOW MAGAZINES AND SOME DIGITAL ADVERTISING AS WELL.

>> THIS WOULD BE REGIONAL? >> YES.

BUT ALSO LOCAL? >> YES.

>> LET'S TAKE A MOTION ON IT. >> I MOVED TO APPROVE.

[01:55:01]

>> SECOND. >> MOVED AND SECONDED.

PLEASE VOTE. ITEM PASSES 6-0.

[2026-091 Consider and act upon authorizing the City Manager to enter into an ASR-002- agreement with Hoefer Welker Architects for scope of services for International Fire Code (IFC) deliverables and construction administration in the amount of $310,800.]

2026-091, CONSIDER AND ACT UPON AUTHORIZATION THE CITY MANAGER TO ENTER INTO AN ASR-002 AGREEMENT FIRST SCOPE OF SERVICES FOR INTERNATIONAL FIRE CODE DELIVERABLES AND CONSTRUCTION ADMINISTRATION IN THE AMOUNT OF $310,000.

>> GOOD EVENING MAYOR AND COUNCIL.

ADAM BEFORE YOU TONIGHT IS ASKING YOU TO ALLOW THE CITY MANAGER TO EXECUTE AN ASR CONTRACT TO OVERSEE THE CONSTRUCTION PROJECT TO ITS ENTIRETY FOR FIRE STATION NUMBE.

THAT WOULD INCLUDE CONSTRUCTION, ADMINISTRATION, CONSTRUCTION ADMINISTRATION ALSO ON THE CIVIL SIDE.

THERE IS A CONTINGENCY FUND THERE.

IT ALSO DEALS WITH STORMWATER, FINAL PLAT AND S WPP.

THAT WOULD BE FOR $310,000 -- $310,800.

AND I HOPE THIS IS THE FINAL OFFICIAL CONTRACT FOR THE FIRE STATION. WE HAVE DONE THIS JUST A LITTLE BIT DIFFERENT LATHE AND WE HAVE IN THE PAST WHERE WE HAVE HIRED THE ARCHITECT TO TAKE US TO 50% IN JANUARY OF 25.

WE CAME TO YOU AGAIN IN AUGUST OF LAST YEAR TO COMPLETE THOSE AT 95% IN THE BID DOCUMENTS.

AND WE ARE NOW ASKING YOU TO AUTHORIZE THE REMAINING FUNDS THAT THEY REQUIRE TO OVERSEE THE CONSTRUCTION PROJECT.

I WILL ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> WOULD ANYONE LIKE TO SPEAK? QUESTIONS?

DOES THIS FIT WITHIN THE GMP? >> IS IN THE BOND.

IS NOT A PART OF THE GMP, IT IS A PROFESSIONAL SERVICES BUT IT

WILL BE COVERED IN THE BOND. >> I WILL MAKE A MOTION.

MOTION MADE TO APPROVE IS PRESENTED AND SECONDED.

PLEASE VOTE. THE ITEM PASSES 6-0.

[2026-092 Consider and act upon authorizing the City Manager to enter into an ASR-003- agreement with Hoefer Welker Architects for a fee adjustment of $230,000.]

CONSIDER AND ACT UPON THE CITY MANAGER AND ENTER INTO AN ASR-003 AGREEMENT FOR A FEE ADJUSTMENT OF $230,000.

>> MAYOR AND COUNCIL, THE ITEM BEFORE YOU NOW IS ASKING YOU TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A FEE ADJUSTMENT OF $230,000. AS YOU RECALL FROM MY PREVIOUS EXPLANATION IN JANUARY OF 2025, WE DID AN AIA CONTRACT WHERE THEY ESTABLISHED AN ESTIMATED SQUARE FOOTAGE BASED OFF OF PROGRAMMING REQUEST THAT WE HAD FOR THE BUILDING.

AND THEY CAME UP WITH A ESTIMATED COST FOR CONSTRUCTION OF $12 MILLION AT THAT TIME. THROUGH THE COURSE OF THE DEVELOPMENT OF THESE DOCUMENTS AND HIRING THEM TO BECOME OUR C.A.M. ARE, HAVE FINALLY GONE OUT TO BID AND GENERATED A GUARANTEED MAXIMUM PRICE, WHAT YOU ARE AWARE OF, OF 14,000,869.

THEY ARE ASKING THAT WE APPLY 9.5% TO THEIR DELTA.

THAT DELTA, WE DID ASK THEM TO REMOVE, AS A PART OF THE GMP, THERE ARE TWO DIFFERENT BANKS OF MONEY.

THERE'S THE CONTINGENCY FUND IN THERE WHICH ALLOWS THE CONTRACTOR TO DEAL WITH WHAT IF THAT WERE NOT ANTICIPATED IN THE PROJECT AND THEN THERE IS ANOTHER BUCKET OF MONEY THAT IS CALLED THE BETTERMENT FUND WHICH ALLOWS US TO IMPROVE THE BUILDING IF WE ARE DURING THE PROJECT AND SAY THAT WOULD BE REALLY NICE TO HAVE, LET'S DO THAT.

THAT IS TO OUR BETTERMENT. WE DID NOT FEEL LIKE IT WAS APPROPRIATE TO CHARGE US INTEREST ON THAT BETTERMENT SO THEY REMOVE THAT. SO THE 9.5% IS BASED OFF OF A OVER $2 MILLION DELTA INCREASE FROM THE ESTIMATED 12 MILLION TO THE 14 MILLION. AND I WILL ANSWER ANY QUESTIONS

YOU MAY HAVE AT THIS POINT. >> YOU WISH TO SPEAK?

>> YES, SIR. WE ARE ADDING 230,000? TO THE FEE THAT WE ARE PAYING THEM?

>> WE WILL PAY $230,000 BECAUSE THE ORIGINAL CONTRACT AND THE

[02:00:03]

FEE STRUCTURE WAS BASED OFF OF THE 12 MILLION-DOLLAR ESTIMATE THAT THE ORIGINAL CONTRACT IN JANUARY 25 -- IN JANUARY OF THIS YEAR, WE RECEIVED A REQUEST TO AMEND THAT AND DO A FEE