* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ALL RIGHT. LET'S GO AHEAD AND [1. Call to Order] GET STARTED. I'VE GOT, UH, ABOUT, UH, 7 0 2. ALL RIGHT. IF YOU WOULD STAND FOR THE INVOCATION. JIMMY? YES. ALL RIGHT. GOOD EVENING. UH, THANK YOU LORD FOR, UH, THE OPPORTUNITY TO MEET AND ALL THESE AMAZING LEADERS, UM, THAT ARE WORKING HARD FOR OUR BEST INTEREST. AND, UH, SO THANKFUL FOR THIS COMMUNITY AND ALL THE PEOPLE THAT HAVE, UH, COMMITTED THEIR LIVES TO THIS COMMUNITY, AND CONTINUE TO SHOW UP AND GIVE BACK, AND DO THE VERY BEST. LORD, I PRAY THAT YOU WOULD GUIDE US ON EACH INDIVIDUAL ITEM TONIGHT, AND, UM, MAY THIS COMMUNITY CONTINUE TO BLESS YOUR NAME. IN JESUS' NAME. AMEN. AMEN. THANK YOU, JIMMY. HOLD ON. IF YOU WOULD JOIN ME IN THE PLEDGE, A PLEDGED ALLEGIANCE, 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, HONOR THE TEXAS FLAG FLAG, A PLEDGE, PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE. THANK YOU. MAY BE SEATED. THANK YOU FOR BEING HERE THIS EVENING. I AM MAYOR BILLY WALLACE. YOU MAY OR MAY NOT HAVE AN AGENDA ITEM, UH, WHETHER YOU DO OR YOU DON'T, UH, APPRECIATE YOU BEING HERE. AND, UH, THANK YOU FOR CARING ABOUT OUR WONDERFUL CITY THAT BRINGS UP PUBLIC COMMENTS. PERSONS MAY ADDRESS THE CITY COUNCIL ON ANY ISSUES. THIS IS THE APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY CONCERN WHETHER ON THIS AGENDA OR NOT IN ACCORDANCE WITH THE STATE OF TEXAS OPEN MEETINGS ACT. THE COUNCIL MAY NOT COMMENT OR DELIBERATE SUCH STATEMENTS DURING THIS PERIOD, EXCEPT AS AUTHORIZED BY SECTION 5 5 1 0 4 2 OF THE TEXAS GOVERNMENT CODE. SPEAKERS MUST OBSERVE THE FIVE MINUTE TIME LIMIT. IF YOU WOULD LIKE TO SPEAK DURING PUBLIC COMMENTS, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY. SEEING NONE, I'LL CLOSE THE PUBLIC COMMENTS, WHICH BRINGS [5. Consent Agenda] UP THE CONSENT AGENDA. ALL MATTERS LISTED UNDER, UNDER ITEM FIVE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS. APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE MAYOR OR CITY MANAGER TO EXECUTE ALL MATTERS NECESSARY TO IMPLEMENT EACH ITEM. ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE CITY COUNCIL. COUNCIL, MADAM MAYOR, I'D LIKE TO MOVE TO DISCUSS ITEM C AND G SEPARATELY AND GO AHEAD AND APPROVE ALL OTHER ITEMS ON THE CONSENT AGENDA. LET'S GO AHEAD AND REMOVE THEM. AND THEN WE'LL, I MOVE TO REMOVE C AND G FROM THE CONSENT AGENDA FOR DISCUSSION AND APPROVE ALL OTHERS. OKAY. DO WE HAVE A MOTION TO APPROVE ALL ITEMS OTHER THAN C AND G? I MAKE A MOTION TO APPROVE ALL ITEMS UNDER THE CONSENT AGENDA, EXCEPT FOR SUBSECTION C AND G. DO WE HAVE A SECOND? DIDN'T CHRIS MAKE THE SECOND? ALL IN FAVOR? RAISE YOUR RIGHT HAND. WE MADE THE MOTION, WE MADE TWO MOTIONS SO THAT NOW THERE'S TWO MOTIONS ON THE TABLE. WE'RE, WE'RE, WE'RE, I THINK WE'RE FINE. WE, WE CLARIFIED IT. YEAH. OKAY. ALRIGHT. UH, COUNCILMAN WRIGHT, [5.c. Event application for Juneteenth Day Parade and Celebration to be held June 19, 2025 at Lee Penn Park] DO YOU WANNA DISCUSS C AND G? YES, MA'AM. THANK YOU. UH, JUST FOR COUNCIL, I, I WAS READING THROUGH THE, THE DOCUMENTATION FOR THE JUNETEENTH PARADE AND MIXED WITHIN THE EMAILS BACK AND FORTH. THERE WAS DISCUSSION ABOUT A SEPARATE EVENT ON THE 14TH THAT APPARENTLY DR. RASHID'S GOING TO TO GIVE FOR US FOR, FOR NEXT WEEK OR FOR THE NEXT MEETING, WHICH INCLUDES ANOTHER PARADE. AND THIS APPARENTLY HAPPENS ON THE MLK DAY AND ON JUNETEENTH EVERY YEAR. AND I JUST THINK AT SOME POINT, WE AS A COUNCIL NEED TO COME TOGETHER AND SAY, ALL RIGHT, IT'S TIME FOR THE GROUPS TO GET TOGETHER AND HAVE A CONVERSATION AND DECIDE ON WHEN WE WANT TO HAVE THAT PARADE. WE DON'T DO A TWO 4TH OF JULY PARADES. WE DON'T DO TWO CHRISTMAS PARADES. WE DON'T DO TWO OTHER PARADES FOR ANYTHING. AND IT TAKES OUR POLICE FORCE AND OUR, [00:05:01] AND OUR, UH, FIRE DEPARTMENT AT BOTH EVENTS. SO I JUST THINK IT'S SOMETHING THAT WE NEED TO ADDRESS LOOKING FORWARD. SECOND. OH, I'M SORRY. DOES ANYBODY ELSE WANT TO SAY ANYTHING ABOUT THAT? YEAH, ABSOLUTELY. UH, LAST YEAR I PARTICIPATED, UM, THANKS TO BETTY SQUARE OR JEFFERSON NOW, UM, , UM, TO THE COORDINATION THAT SHE DID FOR THE JUNETEENTH PARADE. UH, THE FOOTBALL TEAM WAS THERE. THE CHEERLEADERS, LIKE THE CH I MEAN, IT WAS JUST A REAL COMMUNITY. IT, IT WAS THE BUY-IN WAS THERE, BUT EVEN THEY EXPRESSED THE SAME THING THAT, WELL, WHAT WAS THE ONE WE DID TWO DAYS BEFORE THIS ON A SATURDAY? UM, SO WITH THAT BEING SAID, UM, I AGREE. AND JUST HAVING A, IT'S IT'S TWO PART, IT'S, IT'S TWO INDIVIDUALS THAT DON'T SEE EYE TO EYE AND ONE'S TRYING TO OUTDO THE OTHER, BUT IN DOING SO, IS SPLITTING OUR COMMUNITY AND CONFUSING EVERYBODY. UM, SO WITH WHAT COUNCILMAN RIGHT HAS SAID, I COMPLETELY AGREE. AND I MEAN, JUST IN MY OPINION, IF WE'RE DOING A JUNETEENTH PARADE, IT SHOULD BE ON JUNETEENTH, UH, NOT THE SATURDAY BEFORE THAT'S CONVENIENT FOR SOMEBODY TO DROP DOWN FROM DALLAS TO MAKE HAPPEN. ANY OTHER DISCUSSION ON THAT ITEM? I'LL AGREE AS WELL. I THINK THAT, UM, IF ANYTHING FOR UNIFICATION OF OUR COMMUNITY, BUT MORE IMPORTANTLY OUR RESOURCES, BECAUSE IT'S NOT JUST POLICE AND FIRE, BUT IT'S OUR CITY STAFF THAT HAVE, THAT ARE INVOLVED WITH DEALING WITH STREETS AND SUCH THINGS THAT I WOULD THINK THAT, THAT HAVING ONE EVENT ON JUNE 19TH IS, UH, I IS THE BEST. I JUST WANT TO CLARIFY THAT, THAT I'M ACTUALLY TALKING ABOUT THE PARADE PART BECAUSE APPARENTLY THEY ALSO, DR. RASHEED IS, HE'S ADVERTISING ALREADY THAT HE'S GONNA HAVE AN EVENT AT RAIL YARD. SO I'M ASSUMING HE'S MADE RESERVATIONS FOR RAIL YARD ON THE 14TH. IF, IF THAT'S FINE. IF THAT'S AN EVENT THAT THEY WANT TO HAVE AND, AND IT'S TOTALLY SEPARATE FROM A PARADE. I JUST DON'T, I THINK TWO PARADES IS CONTRADICTORY AND USING STAFF AND WASTE TIME WASTING CITY FUNDS AND RESOURCES. UM, AGREE. SO MOVING ON TO G I'VE IN THE PAST EXPRESSED MY WISH THAT THE QUARTERLY FINANCIAL REPORTS BE PUBLICLY DISCUSSED, NOT PUT IN A CONSENT AGENDA. SO I ASKED CHAD IF HE WOULD PLEASE GIVE OUR SECOND QUARTER FINANCIALS. MADAM MAYOR, PREVIOUS QUESTION, CAN WE VOTE ON THE FIRST FEW ITEMS AND THEN COME BACK TO C AND G TO VOTE ON, SINCE WE PULLED THOSE FROM WE DID. WE ALREADY DID. WE DID ALL, EVERYTHING. BUT C AND G WE ALREADY VOTED ON. RIGHT. SO NOW WE NEED TO VOTE ON C 'CAUSE THEY'VE BEEN PULLED SEPARATELY. WE, WE CAN, IF, IF YOU'D LIKE. DO WE HAVE A MOTION TO APPROVE C MADAM MAYOR, MOVE TO APPROVE ITEM C ON THE CONSENT AGENDA. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE. THANK YOU. MOTION CARRIES. ALRIGHT. ALRIGHT. [5.g. Receive Fiscal Year 2025 2nd Quarter Financial Report] THANK YOU MAYOR. GOOD EVENING, MAYOR. COUNCIL. THANK YOU. COUNCIL MEMBER, UH, WRIGHT FOR THIS OPPORTUNITY TO PRESENT, UH, THE SECOND QUARTER REPORT FOR FISCAL YEAR 2025. SO THIS TAKES US FROM OCTOBER 1ST OF LAST YEAR THROUGH MARCH, UH, UH, 31ST OF, UH, 2025. SO SIX MONTHS WORTH OF INFORMATION HERE. YOU DO HAVE, UH, UM, THE REPORT IN YOUR PACKET AS WELL. UM, JUST IN SUMMARY, UH, OVERALL REVENUES HAVE PERFORMED, UH, BETTER THAN EXPECTED. UH, THERE IS A SALES TAX, WHICH I'LL TALK ABOUT IN A MINUTE. WE DO SEE A LITTLE BIT OF, UH, DEVIATION THERE, BUT THEY'VE, UH, PERFORMED BETTER THAN ANTICIPATED OVERALL. AND EXPENSES ARE WITHIN, UH, WITHIN BUDGET AMOUNTS. UM, PROPERTY TAX, OF COURSE, THAT REPRESENTS OUR LARGEST REVENUE SOURCE. IT'S 40% OF, UH, THE GENERAL FUND REVENUE. WE'VE COLLECTED, UH, 98% OF THAT BUDGETED REVENUE. OF COURSE, MAJORITY OF THAT WILL COME IN THROUGH, UM, THE FIRST, UH, SIX MONTHS OF THE FISCAL YEAR AS, UH, TAX BILLS BECOME DUE AND ARE PAID. LOOKING AT OUR, UH, SECOND LARGEST REVENUE SOURCE SALES TAX, THAT ACCOUNTS FOR ABOUT 36% OF THE CITY'S GENERAL FUND, UM, BUDGET. WHAT WE SEE NOW IS, UH, SALES TAX. WE'RE COLLECTING, UH, 2% OVER THE PRIOR YEAR. UM, BUT IT IS LAGGING OUR BUDGETED AMOUNTS. SO JUST TO GIVE YOU SOME CONTEXT, WHEN WE WERE PUTTING THE BUDGET TOGETHER, UM, LAST YEAR IN THE, UM, JUNE, JULY TIMEFRAME WITH THE DATA WE HAD, WE COLLECTED, WE ANTICIPATED ENDING THE YEAR AT ABOUT FOUR AND A HALF PERCENT OVER BUDGET. UM, OR OVER THE, OVER THE PRIOR YEAR. AND, UM, SINCE THE BUDGET HAS BEEN ADOPTED, WE'VE SEEN THAT TREND DOWN JUST A LITTLE BIT. AND, UM, WHEN WE, UH, UM, ADOPTED [00:10:01] THE BUDGET FOR FISCAL YEAR 2025, THE CURRENT BUDGET THAT WE'RE IN, WE PROJECTED A 4% INCREASE OVER OUR PRIOR YEAR ESTIMATE. AND SO FAR WHAT WE'RE SEEING IS ABOUT A 2%, UH, COLLECTION RATE OVER THE PRIOR YEAR. SO WE'RE DOWN ABOUT 2% IN OUR SALES TAX. UM, WE LOOK, WE DO HAVE, UH, MORE DETAILED SALES TAX DATA BY INDUSTRY THROUGH FEBRUARY. AND WHAT WE'RE SEEING IS JUST MAYBE SOME GENERAL SOFTENING ON RETAIL AND, AND IN, UH, THE WHOLESALE SUPPLY BUSINESSES THAT WE'RE, WE'RE SEEING A LITTLE BIT OF SOFTENING THERE AS WELL. NOTHING TO BE, UH, MAJOR MAJORLY ALARMED ABOUT, BUT IT IS SOMETHING OF COURSE, THAT WE WANNA LOOK FOR AND TRACK OVER THE, UH, NEXT FEW MONTHS. UM, OF COURSE, UH, WE ARE IMPACTED BY THE NATIONAL AND STATE ECONOMIES. AND OF COURSE, WITH THE CHANGE AT THE NATIONAL LEVEL, REGARDLESS OF PARTY, THERE IS SOME, UH, YOU KNOW, UH, UNCERTAINTY AS FAR AS, YOU KNOW, UM, WHERE INTEREST RATES MIGHT GO, UH, WHERE, UH, MONEY POLICY MIGHT GO. AND, UH, SO WE'RE SEEING THAT PLAY OUT. HOPEFULLY THINGS, UM, UH, STRAIGHTEN OUT AND, AND WE SEE THAT SALES TAX COMING IN LIKE WE PROJECTED GOING FORWARD. UM, ADDITIONALLY, UH, LIKE I SAID, MOST OF THE OTHER REVENUES ARE PERFORMING IN LINE BUILDING PERMITS FOR RESIDENTIAL AND COMMERCIAL BUILDING ACTIVITIES CONTINUES TO BE STRONG. OF COURSE, THAT'S REALLY BASED ON TIMING OF WHEN THOSE PROJECTS ARE ARE COMING ONLINE AND WHEN THOSE, THOSE PERMITS ARE PAID. UH, MISCELLANEOUS REVENUE IS, IS TRAINING HIGHER AS WELL. A LOT OF THIS HAS TO DO WITH OUR INTEREST INCOME. WE DON'T LIKE TO BUDGET THAT REALLY HIGH BECAUSE WE DON'T KNOW WHAT'S GONNA HAPPEN WITH INTEREST RATES. SO WE'RE FAIRLY CONSERVATIVE THERE, BUT WE ARE SEEING, UM, OVER, OVER BUDGET THERE AS WELL. UM, I WILL MENTION, UM, WE DO HAVE A COUPLE OF OTHER PAYMENTS THAT WE DIDN'T ANTICIPATE AUCTION PROCEEDS. WE, WE HAVE A ROBUST AUCTION PROGRAM WHEN WE AUCTION OFF OLD EQUIPMENT. WE'RE ABLE TO COLLECT SOME FUNDS THERE THAT WE HADN'T BUDGETED. AS WELL AS, UM, WE'VE REALLY ENHANCED OUR REATING PROGRAM THROUGH OUR CREDIT CARD PROGRAM AND THROUGH SOME OF THE CO COOPERATIVE, UM, PURCHASING AGREEMENTS THAT WE HAVE, WE'RE ABLE TO GET SOME REVENUE FROM THERE AS WELL THAT WE, WE HADN'T BUDGETED. SO THAT'S, THOSE ARE POSITIVES THERE. UM, ON THE EXPENSE SIDE, UM, OUR, THROUGH THE SECOND QUARTER IN THE GENERAL FUND, WE'VE SPENT $35.1 MILLION OR 49% OF THE BUDGET. REALLY NO SURPRISES THERE. THERE IS SOME LAG IN, UH, JUST IN, IN SPENDING THE MONEY. IN A LOT OF INSTANCES WE'VE ENCUMBERED THE FUNDS AND THOSE ENCUMBERED FUNDS AREN'T INCLUDED IN THIS REPORT. ONCE WE EXPEND THOSE, UH, THOSE, UH, UM, THOSE BILLS COME IN, WE PAY FOR THOSE. AND THOSE SHOW UP IN THE REPORT IN OUR OTHER FUNDS. UH, REALLY NO SURPRISES THERE IN OUR WATER AND WASTEWATER FUNDS OR OUR, OUR, UH, OR OUR HOTEL FUND, HOTEL, UH, TOURISM FUND, OF COURSE WCDC, THEIR LARGEST REVENUE SOURCE IS SALES TAX. SO THEY'RE IMPACTED SLIGHTLY BY THAT DECREASE IN, IN SALES TAX THAT WE'RE SEEING THROUGH THE SECOND QUARTER. UM, OUR INVESTMENT ACTIVITY CONTINUES TO BE STRONG. WE, OF COURSE, WE INVEST ALL OF OUR FUNDS IN A, A VERY SAFE AAA RATED, UH, GOVERNMENT RATED, UM, INVESTMENT POOLS. AND, UH, WE'RE ABLE TO USE SOME OF THAT REVENUE TO FUND OUR SERVICES AND GROW OUR, OUR, OUR FUND BALANCE. UM, WITH THAT, THAT'S, UH, THE REPORT I HAVE. I'M AVAILABLE FOR ANY QUESTIONS, ANY OTHER DISCUSSION, COUNSEL? NO, THANK YOU, CHAD. THANK YOU CHAD. YEAH. ANY, ANY CONCERNS? UM, SEE ANYTHING TRENDING ONE WAY OR THE OTHER WHERE THERE'S A CONCERN THAT IF THAT TREND CONTINUES, THAT IT MAY BE, I DON'T WANNA SAY PROBLEMATIC, BUT AT LEAST SOMETHING THAT WE NEED TO CONSIDER? YEAH, I MEAN, IT'S SOMETHING TO, YOU KNOW, AS WE GO INTO OUR BUDGET DISCUSSIONS OVER THE NEXT COUPLE OF MONTHS, AND WE START LOOKING AT WHAT WE NEED TO SET THE, OUR OUR REVENUE PROJECTIONS AT, UM, SALES TAX THROUGH, UM, YOU KNOW, WHEN WE'RE TALKING ABOUT 2%, THAT MAY NOT SOUND LIKE A LOT, BUT THAT EQUATES TO ALMOST $300,000, UH, IN THE GENERAL FUND IN WCD CITY EQUATES TO 90 TO A HUNDRED THOUSAND DOLLARS. SO YOU MULTIPLY THAT BY TWO. WE'RE TALKING ABOUT SOME, SOME REAL, UM, SOME REAL FUNDS THERE THAT CAN, THAT CAN FUND OUR DAY-TO-DAY, UH, SERVICES. SO AT THIS POINT, I'M NOT SUPER CONCERNED, BUT IT IS, IT IS SOMETHING THAT WE'RE GONNA TAKE INTO CONSIDERATION AS WE GO INTO THE BUDGET. UM, ALSO, OF COURSE, AS WE'RE LOOKING AT WHAT THE LEG STATE LEGISLATURE'S DOING AND, UH, JUST ANOTHER IMPACT ON OUR ABILITY TO RAISE REVENUE AND, AND BE ABLE TO PROVIDE THE SERVICES THAT WE HAVE. BUT, BUT AS OF RIGHT NOW, THIS IS REALLY KIND OF A SMALL SNAPSHOT OF WHERE WE'RE AT, I THINK. SO WE STILL GOT A LONG, LONG WAYS TO GO. SURE DO. YEAH. THANK YOU, SIR. WELCOME. THANK YOU, CHAD. THANK YOU. I'LL ENTERTAIN A MOTION. MADAM MAYOR, MOVE TO APPROVE ITEM G ON THE CONSENT AGENDA. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU, COUNSEL. [00:15:03] ALL RIGHT. NEXT, WE [7. Present Proclamation recognizing May 18-24, 2025 as “National Public Works Week”] WILL PRESENT A PROCLAMATION RECOGNIZING MAY 18TH THROUGH THE 24TH, 2025 AS NATIONAL PUBLIC WORKS WEEK, WHEREAS PUBLIC WORKS PROFESSIONALS FOCUS ON PUBLIC INFRASTRUCTURE, FACILITIES AND SERVICES THAT ARE VITAL, IMPORTANT TO SUSTAINABLE AND RESILIENT COMMUNITIES AND TO THE PUBLIC HEALTH, HIGH QUALITY OF LIFE AND WELLBEING OF THE RESIDENTS OF WAXAHATCHEE TEXAS. AND WHEREAS THESE INFRASTRUCTURE, FACILITIES AND SERVICES COULD NOT BE PROVIDED WITHOUT THE DEDICATED EFFORTS OF PUBLIC WORKS PROFESSIONALS WHO ARE ENGINEERS, MANAGERS, AND EMPLOYEES AT ALL LEVELS OF GOVERNMENT AND THE PRIVATE SECTOR WHO ARE RESPONSIBLE FOR REBUILDING, IMPROVING AND PROTECTING OUR PUBLIC TRANSPORTATION, WATER SUPPLY, WATER TREATMENT, WASTE WATER COLLECTION, AND WASTE WASTEWATER TREATMENT, PUBLIC BUILDINGS AND OTHER STRUCTURES AND FACILITIES ESSENTIAL FOR OUR CITIZENS. AND WHEREAS IT IS IN THE PUBLIC INTEREST FOR THE CITIZENS, CIVIC LEADERS AND CHILDREN IN WAXAHATCHEE, TEXAS TO GAIN KNOWLEDGE OF AND MAINTAIN AN ONGOING INTEREST AND UNDERSTANDING OF THE IMPORTANCE OF PUBLIC WORKS AND PUBLIC WORKS PROGRAMS IN THEIR RESPECTIVE COMMUNITIES. AND WHEREAS THE YEAR 2025 MARKS THE 65TH ANNUAL NATIONAL PUBLIC WORKS WEEK SPONSORED BY THE AMERICAN PUBLIC WORKS ASSOCIATION. NOW THEREFORE BE IT RESOLVED THAT I, BILLY WALLACE, MAYOR OF CITY OF WAXAHATCHEE, ALONG WITH THE ENTIRE CITY COUNCIL, DO HEREBY DESIGNATE THE WEEK, MAY 18TH THROUGH THE 24TH, 2025 AS NATIONAL PUBLIC WORKS WEEK, AND URGE ALL CITIZENS TO JOIN WITH RESPECTIVES OF THE AMERICAN PUBLIC WORKS ASSOCIATION, GOVERNMENT AGENCIES, CITIES, PUBLIC WORKS AND UTILITY DEPARTMENTS IN ACTIVITIES, EVENTS, AND CEREMONIES DESIGNED TO PAY TRIBUTE TO OUR PUBLIC WORKS AND UTILITY PROFESSIONALS, ENGINEERS, MANAGERS, AND EMPLOYEES, AND TO RECOGNIZE THE SUBSTANTIAL CONTRIBUTIONS THEY MAKE TO PROTECTING OUR NATIONAL HEALTH, SAFETY, AND ADVANCING QUALITY OF LIFE. PROCLAIM THIS 19TH DAY OF MAY, 2025. TAKE A PICTURE WITH HER. YEAH. YEP. ILLUSTRIOUS DIRECTORS. VERY WANTED. YEAH, OUR PLEASURE. THAT BRINGS US [8. Public Hearing on a request by Ryan McIntosh, Trinity Partners, for a Site Plan for the Plaza at Bessie Coleman, located directly south of 1650 N US Highway 77 (Property ID: 223131) – Owner: Bomac Wax Investments LLC (SP-222-2024)] TO A PUBLIC HEARING ON A REQUEST BY RYAN MCINTOSH TRINITY PARTNERS FOR A SITE PLAN FOR THE PLAZA AT BESSIE COLEMAN. LOCATED DIRECTLY SOUTH OF 1650 NORTH US HIGHWAY 77 OWNER BOMAC WAX INVESTMENTS, LLC. THIS IS SP 2 2 2 20 24, TRENTON. THANK YOU. UH, THE PROPOSED REQUEST THAT WE HAVE IN FRONT OF YOU TODAY IS FOR A SITE PLAN APPROVAL. UM, AS PART OF THIS, UH, THIS SITE IS LOCATED WITHIN PD 42 DASH C. IT WAS CREATED BY ORDINANCE 1528. AS PART OF THIS PLAN DEVELOPMENT DISTRICT, IT REQUIRES, UM, VARIOUS USES, REGULATIONS BE, UH, GO BEFORE THE PLANNING ZONING COMMISSION CITY COUNCIL FOR APPROVAL. UH, THE PROPOSED SITE PLAN THAT WE HAVE IN FRONT OF YOU TODAY, EVERY USE IS PERMITTED BY RIGHT IN THIS SITE PLAN AND IN THE ORDINANCE. [00:20:02] UM, THIS IS, UH, SIMPLY TO MAKE SURE, UM, COUNCIL'S OKAY WITH THE FINAL LAYOUT OF THE PLAN. UM, WHEN THIS WAS ORIGINALLY ADOPTED IN 1986, THIS PD UM, PART OF THE PROVISIONS DO GO BACK TO, UH, DO REFER TO OUR ORIGINAL ZONING ORDINANCE REGULATIONS AS PART OF THIS REQUEST. UM, IT'S LOCATED JUST SOUTH OF BESSIE COLEMAN BOULEVARD, UM, JUST TO THE NORTH IS COMMERCIAL TO THE SOUTH COMMERCIAL, UM, TO THE EAST IS SINGLE FAMILY RESIDENTIAL. THE PROPOSED STRUCTURE, UM, IS THE PROPOSED DEVELOPMENT, UH, FOR THE SITE PLAN APPROVAL IS APPROXIMATELY 256 FEET FROM THE CLOSEST SINGLE FAMILY RESIDENTIAL STRUCTURE OR PROPERTY LINE. UM, THE PROPOSED, UH, ANCHOR FOR THE SITE IS THE SPROUTS GROCERY STORE. UM, THEIR HOURS OF OPERATION WILL BE 7:00 AM TO 10:00 PM UM, WHICH IS PRETTY CONSISTENT THROUGHOUT ALL THEIR OTHER SPROUT LOCATIONS. UM, THEY'RE NOT PROPOSING ANYTHING DIFFERENT THAN WHAT YOU SEE. UM, IT IS CONSISTENT WITH WHAT YOU SEE IN OTHER VARIOUS OTHER, UH, SPROUTS ACROSS TEXAS. UM, ADDITIONALLY ON THIS SITE, THERE'S THREE MULTI-TENANT RETAIL BUILDINGS, UM, CONSISTING OF APPROXIMATELY 24,000 SQUARE FEET. UM, EACH ONE OF THESE BUILDINGS WILL BE LOCATED ON THEIR OWN LOTS. UH, THE SPROUT AND OTHER THREE STRUCTURES WILL BE LOCATED ON THEIR OWN SEPARATE LOTS AS PART OF THE SITE PLAN APPROVAL. UM, THE TOTAL SITE AS WE WERE GOING BACK, UM, WE WENT THROUGH IT, MADE SURE IT MET ALL OF OUR ARCHITECTURAL DESIGN REQUIREMENTS, UH, FOR, FOR, UH, THE CITY OF W HITACHI'S DEVELOPMENT CODES. WE ALSO MADE SURE THAT THEY MET ALL OF OUR PARKING REQUIREMENTS, LANDSCAPING SIGNAGE, AND THEY'VE MET ALL OF THOSE REQUIREMENTS. UM, PART OF THE SCREENING, UH, THEY WILL BE SCREENING AS, AS IT DICTATES IN OUR CODE AND REGULATIONS. UM, RIGHT HERE, UH, IN FRONT OF YOU, YOU HAVE THE SITE PLAN, UH, SHOWING THE SPROUTS AS THE ANCHOR STORE LOCATED ON THE EASTERN PORTION OF THE PROPERTY. THE OTHER TWO, UH, MULTI-TENANT RETAIL CENTER, UH, STRUCTURES. ONE IS LOCATED ON THE SOUTHWEST CORNER AND ONE LOCATED ON THE NORTH. ADDITIONALLY, THERE ARE THREE LOTS THAT HAVE NOT BEEN DEVELOPED OR PLANNED OUT AT THIS POINT. UM, IN THE FUTURE, WHEN THOSE ARE, WHEN IT IS TIME FOR THEM TO BE PLANNED OUT, THEY'LL BE REQUIRED TO GO THROUGH A SIMILAR APPROVAL. UM, ALSO IN CONJUNCTION WITH THIS APPROVAL, IF THERE'S ANY USE THAT COMES IN THE FUTURE TO THESE MULTI-TENANT RETAIL STRUCTURES THAT REQUIRE AN SUP, UH, THAT WILL BE TRIGGERED AND THEY'LL BE REQUIRED TO GO THROUGH THE PUBLIC HEARING PROCESS. UM, HERE'S A PROPOSAL OF THERE LANDSCAPING. ONCE AGAIN, UH, IT DOES EXCEED THE MINIMUM LANDSCAPING REQUIREMENTS. UM, THEY DID PUT ADDITIONAL LANDSCAPING TO HELP SOFTEN THE FACADE, UH, AGAINST, UH, HIGHWAY 77 AND BESSIE COLEMAN. THEY'RE PROVIDING THE NECESSARY SCREENING, UH, FROM THE ADJACENT PROPERTIES TO THE EAST AS WELL AS PART OF THE SITE. WE ARE IN DISCUSSIONS, UH, WITH THE APPLICANT, UH, IN PUTTING IN A TRAIL THAT EXTENDS FROM THEIR PROPERTY, UM, ALL THE WAY DOWN TO MUST, UH, MUSTANG CREEK PARK. IT WOULD BE, UM, A TRAIL THAT WOULD EXPAND THE EXISTING, UH, TRAIL THAT IS IN THE WORKS FOR MUSTANG CREEK PARK THAT WE HOPE TO EXTEND, UH, ACROSS THIS PROPERTY ALONG THE SOUTHERN BORDER. HERE'S THE ELEVATIONS FOR THE SPROUTS. UM, ONCE AGAIN, IT IS MEETING ALL OF OUR ARCHITECTURAL REQUIREMENTS, BOTH VERTICAL AND HORIZONTAL, UM, DESIGNS. UH, THE MASON, UH, THE MATERIALS DO MEET OUR CODE REQUIREMENTS AND IT'S ALSO DICTATING THE DEVELOPMENT AGREEMENT THAT HAS BEEN, UH, THAT WILL BE PART OF THE DEVELOPMENT AGREEMENT FOR PART OF THIS APPROVAL. UH, IT'S WHEN THIS MAY WENT BEFORE THE PLANNING ZONING COMMISSION, UH, PLANNING, ZONING, COMMISSION RECOMMENDED APPROVAL WITH A FIVE ONE VOTE. AND STAFF ALSO RECOMMENDS APPROVAL BASED ON THE CONDITIONS. AND I CAN ANSWER, ANSWER ANY QUESTIONS AT THIS TIME. THANK YOU, TRENTON. THIS IS A PUBLIC HEARING. ANYONE THAT WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST, PLEASE COME TO THE PODIUM. HI, I'M KEVIN MCINTOSH. I LIVE AT 7 0 4 LINDSEY WAY, COLLEYVILLE, TEXAS. UM, AND MY BROTHER AND I ARE THE DEVELOPERS OF THE PROJECT. AND, UH, WE'VE PUT A LOT OF TIME INTO THIS ABOUT THE PAST 18 MONTHS, DESIGNING THIS, PLANNING IT. WE DO HAVE ASSIGNED LEASE WITH SPROUTS, UH, AND ARE WORKING ON LEASES WITH A NUMBER OF OTHER USERS. UM, WE'VE HAD A LOT OF GREAT SUCCESS. SPROUTS IS EXTREMELY EXCITED ABOUT THE PROJECT AND, UM, SO WE, UH, WE ASK FOR YOU GUYS TO APPROVE IT. THANK YOU VERY MUCH, UH, TO ANSWER ANY QUESTIONS THAT YOU GUYS LIKE. OKAY. ANYONE ELSE DURING THE PUBLIC HEARING? OKAY, SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. NEXT ITEM IS [9. Consider approving SP-222-2024] NUMBER NINE. CONSIDER APPROVING SP 2 22 DASH 2024. COUNSEL [00:25:01] JUST CONFIRMING THAT THERE'S NO CONNECTION TO 77 IN, SORRY, THE CONNECTIONS ARE, UH, DIRECTLY ON BESSIE COLEMAN, UH, TO THE NORTH. THERE'S THREE POINTS OF ACCESS ON THERE AS ORIGINALLY PLANNED. SO WHEN THE ACADEMY SOURCE WENT IN, UH, TO THE NORTH, UH, THIS IS ORIGINALLY DESIGNED FOR TRAFFIC TO FLOW UP NORTH, UH, IN THE PLANNING AND ZONING. I DIDN'T HEAR IT IN THE PRESENTATION YOU GAVE, BUT DURING PLANNING AND ZONING, THEY MENTIONED THE TRAFFIC IMPACT ANALYSIS THAT HAD BEEN TURNED INTO THE CITY AND OUR PUBLIC WORKS WAS LOOKING AT THAT. HOWEVER, HAD HAD NOT. THEY DID, HAD, THEY HAD NO PRESENTATION AT PLANNING AND ZONING ABOUT IT. AND I LOVE THE IDEA OF THE, OF THE WHOLE PROJECT THAT'S THERE. MY ISSUE IS GETTING PEOPLE KILLED AT BESSIE COLEMAN. 'CAUSE THAT IS ALREADY A REALLY BUSY STREET. AND NOW WE'RE TALKING ABOUT ADDING SPROUTS. Y'ALL MENTIONED TORCHY'S, Y'ALL MENTIONED POTBELLY. IF WE PUT ALL THESE THINGS THERE AT THE SAME TIME AND THERE'S NO WAY TO GET OUT OF THAT PARKING LOT EXCEPT TO GO ONTO BESSIE COLEMAN. AND THAT MEANS THEY GO UP AND TURN LEFT WHERE THERE'S NO RED LIGHT AND HAVE TO CROSS ALL THE TRAFFIC TO GET THERE. WHAT I, I HAVEN'T SPOKEN WITH YOU GUYS. I DID AFTER I LISTENED TO Y'ALL THE OTHER DAY AND, AND HEARD THE PRESENTATION, I SPOKE BRIEFLY JUST ASK OUR ENGINEERS WHAT THEY THOUGHT. AND I TALKED TO MR. SCOTT WITH THE CITY AND, AND SOME OTHERS AND, AND PROPOSED, AND I'M NOT SAYING THIS IS SOMETHING THAT'S GONNA HAPPEN, BUT IT WOULD MAKE ME FEEL WAY MORE COMFORTABLE. AND WE'RE NOT ASKING YOU TO PAY FOR IT, BUT SLOW DOWN SOME OF THE DEVELOPMENT, IN MY OPINION, BUILD THE SPROUTS WHILE WE WORK ON THE OTHER, WHICH IS TO EXTEND WHERE THE YMCA DRIVE IS AND BUILD ACROSS THAT, THAT CREEK OR DRAINAGE OR WHATEVER, SO THAT THERE'S A ROADWAY THAT COMES FROM YOUR PROPERTY AND YOUR DEVELOPMENT TO THE RED LIGHT. BECAUSE THAT WAY WE GET THE PEOPLE TO A RED LIGHT AND THEY CAN GO LEFT OR RIGHT. WE'RE NOT PUTTING SIX, SEVEN DIFFERENT BUSINESSES ONTO BESSIE COLEMAN, WHICH HAS NO RED LIGHT. AND TEXDOT HAS TOLD US THAT WE'LL NOT, WE'RE NOT GETTING THE LIGHT THERE BECAUSE THE DISTANCE BETWEEN THE CURRENT LIGHTS IS, IS TOO CLOSE. SO ON THAT TRAFFIC IMPACT ANALYSIS, DID IT, HAVE WE REVIEWED IT NOW? SO COUNCILMAN WRIGHT. UH, SO WITH THE, UH, IMPACT FEE THAT WE HAVE RIGHT NOW, UH, WE HAVE A CERTAIN AMOUNT OF MONEY ALLOCATED RIGHT THERE FOR, UH, DIFFERENT ROAD EXPANSIONS RIGHT NOW. BASICALLY COLEMAN ON THE THIRD FAIR PLAN DOESN'T SHOW GOING DOWN TO YMCA DRIVE. THAT'S SOMETHING THAT WE CAN REVISE THE, THAT IMPACT REPORT TO SHOW THAT THAT NEW ALIGNMENT. UH, SO BASICALLY LOOKING AT THE COST ASSESSMENTS FOR PUTTING BRIDGE, AND THAT'S THE THING THAT IS, IS A LONG BRIDGE BECAUSE OF THE, THE ANGLE IS GOING GO THROUGH THAT, UH, FLOODPLAIN. AND SO WE'RE ASKING ABOUT 8 MILLION TO $9 MILLION TO BE TO, YEAH, THAT'S THAT. SORRY JAMES, BUT THAT'S ASKING FOR A BRIDGE FROM YMCA DRIVE TO THIS PROPERTY IS NOT, THAT'S, THAT'S INCREDIBLY WILD TO ASK FOR THAT. WHEN WE'RE LOOKING AT BRIDGES IN OTHER AREAS OF TOWN WHERE IT IS FAR SHORTER, LIKE ON FARLEY STREET AND WE SEE THE MULTIPLE MILLIONS OF DOLLARS THAT, THAT IS BESSIE COLEMAN ALREADY IS A MAIN ARTERY. AND IF THESE EXITS AND ENTRANCES ARE RIGHT IN RIGHT OUT, I'M SORRY IF IT'S INCONVENIENT, YOU'D HAVE TO TURN A RIGHT TO GO 300 FEET TO A TRAFFIC CIRCLE THAT'S DESIGNED TO DO EXACTLY WHAT IT'S SUPPOSED TO DO. THERE'S NO TRAFFIC CIRCLE THERE. YES, THERE IS. WHERE ON BESSY COLEMAN? ON BESS COLEMAN TOOK IT. THAT'S TOWARDS BROWN STREET. WE'RE TALKING ABOUT NO GOING ON 77. WHAT'S THE POINT OF A TRAFFIC CIRCLE TO GO AROUND THE CIRCLE AND COME BACK TO THE ENTRANCE? SO THE TRAFFIC CIRCLE IS IN PLACE TO ALREADY GUIDE THE TRAFFIC BACK TO 77. I'M SORRY, MR. MR. SMITH, BUT THAT'S THE STUPIDEST THING I'VE EVER HEARD. IT'S NOT, THAT'S WHAT IT'S FOR. 'CAUSE WHAT I'M TALKING ABOUT, IF YOU PAID ATTENTION, IS IT COMING OUT OF THE SPROUTS OR OUT RIGHT IN RIGHT OUT? YES. JUST THE MAP RIGHT IN RIGHT OUT. YES. BOTH ENTRANCES ONTO BESSIE AND GOING LEFT RIGHT IN AND OUT. THAT'S WHAT I JUST SAID. RIGHT IN AND RIGHT OUT. SO THAT'S NOT A PROBLEM. YOU'RE NOT GOING ANYWHERE NEAR THE ROUNDABOUT. THAT'S DOWN THE WAYS YOU GO. I'M TALKING ABOUT IF YOU GO OUT TO BESSIE COLEMAN AND YOU GO TO 77 AND YOU'RE TRYING TO GET ON 77, USE A TRAFFIC CIRCLE. THERE'S NO TRAFFIC CIRCLE. THERE IS A TRAFFIC CIRCLE. THAT'S WHAT IT'S FOR. MAKE THE ENTRANCE AND EXITS FOR ALL THREE OF THESE RIGHT IN RIGHT OUT LIKE WE HAVE ON 77 AND THEY HAVE TO USE THE TRAFFIC CIRCLE. [00:30:01] COULD YOU, UH, CLARIFY WHETHER THERE'S A TRAFFIC CIRCLE ANYWHERE NEAR HIGHWAY 77? I'M TRYING TO, IS IT TRAFFIC CIRCLE OR TRAFFIC SIGNAL THAT YOU'RE TALKING ABOUT? NO, THE TRAFFIC CIRCLE THAT'S ON BESSY COLEMAN. IF WE MADE ALL THREE OF THESE RIGHT IN RIGHT OUT, YOU WOULD HAVE TO TURN RIGHT, GO THROUGH THE TRAFFIC CIRCLE AND GO BACK TO 77. I THINK YOU MISUNDERSTAND WHAT MY, MY QUESTION WAS, I'M NOT WORRIED ABOUT BESSIE COLEMAN, THE PEOPLE GETTING OUT OF THAT ONTO BESSIE COLEMAN. I UNDERSTAND THAT. THAT'S EASY SPEED. THAT'S EASY. IT'S JUST LIKE COMING OUT OF ACADEMY AND GETTING ONTO BESSIE COLEMAN. MY ISSUE IS WHEN YOU GET 2 77 ON BESSIE COLEMAN RIGHT IN RIGHT OUT, THEN THE ONLY WAY RIGHT NOW, NOW RIGHT NOW IT'S NOT RIGHT TURN ONLY IT'S, YOU'RE GONNA NEED TO BE, YOU'RE RIGHT. WE'VE DONE ALL THE OTHER ONES THAT WAY. SO WHY NOT CHANGE THIS ONE TO MATCH WHAT, WHAT THIS COUNCIL HAS BEEN DOING. BUT IT'S MORE BUSINESSES ON THERE, ON BESSIE COLEMAN. SO MAKE IT RIGHT IN, RIGHT OUT. BUT IF YOU GET WHAT I'M TALKING ABOUT WHERE THE ROAD THAT GOES THROUGH THE WHOLE PARKING LOT WITH ACADEMY AND ALL THE WAY DOWN TO A STOPLIGHT. YEAH. IF THAT CAME ACROSS THIS PROPERTY AND ATTACHED TO A BRIDGE THAT WENT TO THE RED LIGHT AT AT 77 AND YMCA DRIVE, THEN IN THEORY YOU WOULD HAVE THAT ROAD THAT WENT ALL THE WAY DOWN TO TARGET. THERE ALREADY IS. SO YOU COULD GO ALL THE WAY FROM TARGET ALL THE WAY DOWN. COUNCILMAN RIGHT THERE ALREADY IS A ROAD THAT CONNECTS TO A STOPLIGHT CITY MANAGER. MICHAEL SCOTT JUST POINTED THAT OUT ALSO. IT IS, THAT'S, THEY'VE DESIGNED THIS TO CONNECT TO THE ROADWAY THAT'S ALREADY IN FRONT OF ACADEMY THAT GOES TO A STOPLIGHT. SO IF WE USE OUR, WE'RE TALKING ABOUT ARBY'S. YES. SO IF WE USE OUR PROPER FLOW OF TRAFFIC THAT'S ALREADY IN PLACE, RIGHT IN RIGHT OUT FROM HERE, YOU HIT THE TRAFFIC CIRCLE, YOU TURN RIGHT INTO ACADEMY, YOU GO TO A STOPLIGHT, IT'S ALREADY THERE. SO, SO YOU'RE TAKING ALL THE VEHICLES AND ALL THE VEHICULAR TRAFFIC OFF OF ONE DEVELOPMENT THAT'S GOT SEVEN, EIGHT PROPER SEVEN OR EIGHT DIFFERENT BUSINESSES THERE AND SEND THEM THROUGH ANOTHER DEVELOPMENT. WE'RE SENDING THEM TO THAT. THAT ROAD IS BUILT FOR THAT. IT WASN'T BUILT FOR MAIN ARTERY TRAFFIC INCORRECT. THAT'S WHY WE'VE REQUIRED ALL OF THESE DEVELOPMENTS TO HAVE THE FEEDERS THAT WOULD CONNECT TO THE, THAT'S FEEDER DEVELOPMENT NEXT TO 'EM. THE, THAT'S THE FEEDER TOP AND THAT'S WHAT THAT IS. THAT'S THE FEED. SO IF YOU WANT TO GO LEFT, THEN YOU HAVE TO GO THROUGH THE PARKING LOT OF ACADEMY. I GUESS MY MAIN CONCERN, IF YOU WANT TO GO RIGHT, YOU CAN GO UP TO 77 AND TURN RIGHT. MY MAIN CONCERN IS BESSIE COLEMAN AND THE TRAFFIC THERE. IF IT, IF WE MAKE THAT ALL RIGHT HAND TURN ONLY FROM BESSIE COLEMAN AND THEN CAN ENFORCE IT TO WHERE THE PEOPLE AREN'T GOING LEFT OFF OF BESSIE COLEMAN INTO THAT TRAFFIC. BECAUSE JUST LIKE WHEN WE WERE TALKING ABOUT HTO, WHEN I WAS TALKING ABOUT THE DANGER TO THE PEOPLE, LIKE I SAID, I LOVE THE PROPERTY AND THE IDEA OF WHAT YOU GOT, EVERYTHING THAT GOES THERE. THE ONLY THING I DON'T LIKE ABOUT IT IS THAT YOU'RE NOW ADDING ALL THE PEOPLE FROM ANOTHER GROCERY STORE AND A GYM, WHICH I DON'T KNOW IF THE GYM'S COMING, BUT Y'ALL MENTIONED THE GYM AND THOSE RESTAURANTS ALL ONTO THAT ONE ROAD. THERE'S ALREADY A TRAFFIC ISSUE, WHICH IS ALREADY DANGEROUS AND IS ALREADY AN ACCIDENT PRONE SPOT ON 77 BECAUSE THERE'S NOT A RED LIGHT AND NEVER WILL BE AS THE DEVELOPERS. WOULD YOU GUYS POUR SOME EXTRA TO CEMENT FOR US TO MAKE THE BESTIE COLEMAN AT 77 A RIGHT IN RIGHT OUT ONLY, UM, JUST A MINUTE IF YOU WOULD. YEAH, IT'S OKAY. GO AHEAD AND COME UP. OKAY. UM, I DON'T KNOW THAT I CAN DO THAT FROM JUST A TDOT PERSPECTIVE, BUT, UM, JUST TO, I WANNA TAKE Y'ALL BACK JUST A LITTLE BIT. IF YOU CAN GO BACK TO THE AERIAL. UM, YEAH AND IF YOU COULD, SO WHEN, WHEN THIS WHOLE, SO ORIGINALLY WHEN THIS PROJECT HERE WAS DEVELOPED, WE HAD THE SAME ENGINEER. IT WAS ACTUALLY HUMP PROPERTIES DEVELOPED IT AND THEY HAD THIS ENTIRE TRACK UNDER CONTRACT TO DEVELOP. SO THEY WERE ACTUALLY GONNA DO A SECOND PHASE HERE. IT NEVER ENDED UP HAPPENING. AND THEY DROPPED IT AND THEY ENDED UP BUILDING THIS. SO, SO WHEN TDOT, BECAUSE I I, I KNOW THE DEVELOPER THAT DID IT AND WE ALSO HAD SOME EXTENSIVE CONVERSATIONS WITH TDOT. AND SO WHAT HAPPENED IS TEXDOT PUT THE SIGNAL HERE FOR THE TRAFFIC FROM THIS PROJECT AND THIS PROJECT TO GO HERE AND COME OUT TO BE ABLE TO GO LEFT AS WELL AS SOME OF THE COMING OUT LEFT. JUST LIKE YOU CAN ZOOM OUT JUST A LITTLE BIT MORE. 'CAUSE I DROVE THIS THE OTHER DAY DUE AND THIS, THIS PROJECT HAPPENED ABOUT THE SAME TIME. SO YOU'VE GOT A TRAFFIC SIGNAL HERE AT LOWE'S, BUT YOU DON'T HAVE ONE AT TARGET. BUT PEOPLE STILL CAN GET OUT AND GO LEFT HERE, BUT, WHICH I DID THE OTHER DAY. NOT FAVORABLE, BUT YOU HAVE THIS MOTION OR THEY CAN COME OUT AND GO UP TO THE TRAFFIC SIGNAL. SO [00:35:02] THAT IS MUCH LIKE THIS. 'CAUSE TEXDOT HAS A 1200 FOOT TRAFFIC SIGNAL, THE TRAFFIC SIGNAL STANDARD. YES. AND THIS IS ONLY ABOUT 500 FEET. AND SO, YOU KNOW, I KNOW KIND OF YMCA MAY HAVE LOCKED IT UP JUST A LITTLE BIT, BUT THAT'S WHAT THEY WERE LEFT WITH. SO THEY PUT ONE HERE AND HERE AND ONE, AND THEN THEY PUT THIS ONE HERE. BUT THIS WAS THIS WHOLE, THIS WAS SUPPOSED TO BE BOXES BOX DEVELOPMENTS WITH PAD SITES UP HERE WHEN THIS WHOLE PROJECT WAS BEING CONSIDERED. AND SO THAT'S WHY THEY DID WHAT THEY DID. UM, AS FAR AS MAKING THIS A NO LEFT TURN OUT, I DON'T, I DON'T EVEN KNOW IF THAT'S SOMETHING THAT WE CAN DO. YOU ABSOLUTELY CAN'T. NO. SO YOU, YOU ABSOLUTELY CAN. AND USING THAT IN, IN FAIRNESS, NOBODY ON THIS COUNCIL TO APPROVE THE PROJECT ON THE LEFT. SO THAT'S IRRELEVANT. WE'VE MADE IT VERY CLEAR AS A COUNCIL THAT WE WANT ANY NEW DEVELOPMENT ALONG 77 TO BE RIGHT IN, RIGHT OUT ON 77. UM, AND THEY'VE APPROVED I THINK JUST ABOUT EVERY SINGLE ONE OF THOSE, RIGHT? YEAH. 'CAUSE WE, WE'VE HAD LIKE BACKWARD ROADS, LIKE ACROSS THE WAY YOU'VE GOT NORTH OR NORTHTOWN BOULEVARD, WHICH KIND OF SERVES THE SAME PURPOSE AS THE ROAD THAT RIGHT. MR. MCINTOSH IS SHOWING. YEAH. SO LIKE ON THE, ON THE WEST SIDE OF THE ROAD, YOU SAY NORTHTOWN BOULEVARD MM-HMM . IT SERVES THE SAME THING. IT JUST HAPPENS TO BE BEHIND THOSE DIRECTLY NORTH OF WHERE YOU'RE LOOKING ON THE OTHER SIDE OF THE STREET. YEAH. IT, IT JUST HAPPENS TO BE BEHIND THOSE PAD SITES. SO IT'S VERY SIMILAR TO WHAT HE'S DESCRIBING ON THE, ON THE EAST SIDE, RIGHT? RIGHT. MM-HMM . SO YOU, YOU'RE CORRECT. UH, COUNCILMAN SMITH AND, AND WE JUST WORK WITH T TDO. IF, IF, IF BASICALLY COLEMAN BECOMES A DANGER MAKING THAT LEFT HAND TURN, WE CAN HOOD THAT THAT TURN WE'LL WORK WITH THEM TO HOOD THAT TURN TO WHERE YOU, IT HAS TO BE RIGHT IN RIGHT NOW. I WOULD, I WOULD LIKE THE DEVELOPER THAT'S ADDING THE TRAFFIC TO BE ON THE HOOK FOR THAT COST AND NOT THE CITY. YEAH. AND, AND SHORT OF THEIR TIA SPECIFYING THAT, I'M NOT SURE WE CAN COMPEL THEM TO DO THAT. I MEAN THE TIA WOULD'VE TO STIPULATE THAT THAT'S A REQUIREMENT OF, OF THEIR DEVELOPMENT. LIKE IN OTHER WORDS IT WOULD'VE TO SHOW THAT THERE'S A DANGER THAT THAT'S PRESENTING. WHAT WHAT DOES THE TIA RECOMMEND? THE TIA RECOMMENDS THAT BESSIE COLEMAN, WHICH IS ALREADY, UM, IT'S WIDE ENOUGH TO BE A FIVE LANE STREET FROM UH, MY RECOLLECTION OF THE REPORT. BUT IT, IT RECOMMENDED THAT WE, AND WE'RE HAPPY TO DO THIS IS STRIFE BESSIE COLEMAN, UH, TO A ONE WAY. SO THAT'D BE EASTBOUND ONE WAY WESTBOUND AND THEN A CENTER TURN LANE. UM, AND THAT, THAT'S WHAT THEY RECOMMENDED. WE'RE MORE THAN HAPPY TO DO THAT. UM, SO, UH, BUT THAT'S, THAT'S WHAT THEY DID RECOMMEND. THEY ALSO RECOMMENDED I THINK MAYBE DOING SOME TRAFFIC, UH, WORKING ON THE TIMING OF THE SIGNALS, UH, TO ALLOW FOR A LITTLE BIT BETTER TRAFFIC FLOW. UM, THAT WAS IN THE TIA OR THAT'S JUST WHAT YOU SAID. IS THAT WHAT YOU'RE SUGGESTING? UH, NO, I, THAT'S ONE OF THE THINGS THAT THE TRAFFIC ENGINEER TALKED ABOUT. I THINK IT'S IN THE TIA BUT I AGREE WITH TRAVIS, MR. COUNCILMAN SMITH ABOUT THE RIGHT TURN ONLY. WE'D RATHER DO THAT THAN PUT A LEFT TURN LANE IN THERE. . YEAH, WELL THE LEFT TURN, THE LEFT TURN IS THE ISSUE I HAVE. I MEAN I, YOU KNOW, IN, IN TALKING TO TDOT, YOU KNOW, WHAT THEY TOLD US IS IF IT EVER BECOMES AN ISSUE THEN THEY'LL DEAL WITH IT. THEY DON'T, THEY DON'T DO ANYTHING. WE CAN TELL 'EM IT'S AN ISSUE. 'CAUSE IT'S AN ISSUE. WE, WE, WE, WE DEAL WITH THE RESPONSE CALLS ALL DAY EVERY DAY. RIGHT. IT'S ALREADY AN ISSUE. SO ADDING MORE TRAFFIC AND I'M ALL FOR THE SPROUTS, I THINK IT'S GREAT. BUT WE LIVING HERE ALREADY KNOW THAT IT'S AN ISSUE. RIGHT. SO JAMES CAN BE ON THE I SAYING THAT THEY PHONE WITH 'EM TOMORROW, SAY WE WANNA CHANGE THAT, WOULDN'T APPROVE IT UNTIL THEY CAN COME OUT I GUESS AND PHYSICALLY SEE IT THERE. IT'S LIKE JAMES IS, THAT'S THE CASE. I DON'T THINK THAT'S THE CASE. 'CAUSE WE DID IT WITH, WE'VE, WE, WE WE'VE DONE IT WITH, WITH NEW DEVELOPMENTS WHEN THERE'S, THEY HAVE NO WAY TO, TO JUDGE WHAT THE IMPACT IS. 'CAUSE IT'S NOT BUILT YET. LIKE THE SEVEN 11 THEY HAD. UNDERSTOOD. UNDERSTOOD. I THINK THE ISSUE IS JUST BECAUSE OF THE SPACING IS, IS LESS THAN HALF OF WHAT THEY NORMALLY WOULD. WHAT THEY, THEIR STANDARD IS THEIR STANDARD IS 1200 FEET. SO FOR RIGHT IN, RIGHT OUT NO FOR NO FOR TRAFFIC SIGNAL. I'M NOT WORRIED ABOUT THE TRAFFIC SIGNAL. I WANT IT TO BE RIGHT IN RIGHT OUT. THAT'S WHY I ASKED WOULD, WOULD THE DEVELOPERS BE OKAY WITH POURING THE EXTRA TO MAKE THAT HOOD, TO MAKE THAT RIGHT IN RIGHT OUT AT BESSIE COLEMAN IN 77 SO THAT WE DON'T HAVE TO PAY FOR WHAT YOU ARE BRINGING. OKAY. SO WHEN YOU SAY A HOOD, WHERE ARE WE PUTTING THE HOOD? 77 AND BESSIE COLEMAN. WE'RE PUTTING IT ON BASIC COLEMAN SO THAT THEY CAN ONLY TAKE A RIGHT. SO THEY WOULDN'T HAVE THE OPTION TO TURN LEFT. CORRECT? I CURB, UM, IS WHAT YOU'RE TALKING ABOUT. YEAH. IT'S A CURB WITH A PLANTER IN THE MIDDLE. NO, I I [00:40:01] I UNDERSTAND WHAT YOU'RE SAYING. I'M JUST THINKING ABOUT IT. UM, FROM SPROUT'S PERSPECTIVE, I DON'T KNOW THAT I, I HAVE TO GO BACK TO THEM 'CAUSE WE'RE DOING A BUILD TO SUIT FOR SPROUTS. SO, AND BUILDING THE OTHER BUILDINGS. AND TO YOUR COMMENT, I HAVE UH, WE HAVE TO DELIVER UM, AT LEAST 15,000 SQUARE FEET OF RETAIL WITH SPROUTS. THAT'S THE CONDITION OF OUR LEASE WITH SPROUTS. THAT'S WHY I WAS ASKING AN OPENING COVENANT FOR THEM. SO WE HAVE TO BUILD IT MM-HMM . UM, 'CAUSE THEY SPECIFICALLY SAID WE WANT A FULL SHOPPING CENTER DEVELOPMENT. THEY WERE EXCITED ABOUT, YOU KNOW, THE FUTURE OF THE JIM THAT'S GONNA BE COMING THROUGH HERE. THE, THE RETAIL THAT WE'VE GOT SOME OF THE RESTAURANTS. SO THEY, THEY WANT IT TO BE A FULLY DEVELOPED PROJECT, NOT JUST A SPROUT SITTING IN THE MIDDLE OF A 17 ACRE TRACK. OKAY. SO WE WANT ABOUT 60. ABOUT 60, YEAH. ABOUT 60 EXTRA CUBIC FEET OF CEMENT TO BE POURED RIGHT THERE WHERE THEY'RE CIRCLING. AND TO STRIPE, BESSIE COLEMAN TO HAVE A CENTER TURN LANE TO TURN, UH, INTO EITHER DEVELOPMENT. JUSTIN, COULD YOU ADDRESS, CAN YOU ADDRESS THAT APPROXIMATION OF CAUSE EVEN IF IT'S A POSSIBILITY? WELL I THINK THERE WAS A QUESTION ABOUT THE TIA. YEAH. THE, THE TIA UH, THE RECOMMENDATIONS FOR THIS SPECIFIC DEVELOPMENT WAS FOR STRIPING ON BESSIE COLEMAN, UH, TO ADD IN, UM, DESIGNATED LANES ON BESSIE COLEMAN. THE TIA THEN SPOKE GENERALLY ABOUT SOME NECESSARY TEXT AUDIT SYSTEM IMPROVEMENTS, UH, BEYOND THE RECOMMENDATIONS, UH, SPECIFIC TO THIS DEVELOPMENT. AND THAT'S GENERALLY LIKE WIDENING 77 TO SIX LANES AND MAKING IMPROVEMENTS AT 2 87. BUT IT DID NOT TALK ABOUT A WRITE IN RIGHT OUT AT BESSIE COLEMAN 77. NOW, SO THE TIA SAID WHAT YOU JUST SAID, WHAT THE TIA SAID YES SIR, BUT CAN WE DISREGARD PAINT LINES UP AND DOWN THERE AND PUT A RIGHT TURN ONLY AT BESSIE COLEMAN? IT IT'S NOT NECESSARILY DISREGARDING, IT WOULD BE ADDING TO IT. CORRECT. YEAH. SO WE DON'T WANNA STRIPE BESSIE COLEMAN UNLESS YOU'RE JUST STRIPING IT THIS WAY AND THAT WAY. WE DON'T WANT A CENTER TURN LANE . NO, WE DO NEED, I I THINK YOU DO NEED ONE TO HELP GET INTO BOTH DEVELOPMENTS. WELL, BUT WE DON'T WANT GOING TO THE LEFT AT, AT. CORRECT. BUT THAT CENTER TURN LANE WOULDN'T BE TO LEAVE SPROUTS GOING LEFT. IT WOULD BE TO MOVE YOU OFF OF THE MAIN DRIVE TO A CENTER TO TURN AFTER THREE DIFFERENT ENTRANCES. YES. BECAUSE YOU HAVE THREE ENTRANCES. NO, YOU, YOU'LL YOU'LL HAVE FIVE IN TOTAL 'CAUSE YOU HAVE GOING THE OPPOSITE DIRECTION TOO. SO THAT JUST MOVES YOU OFF OF THE MIDDLE. WELL THAT'S, YEAH, THAT'S FINE WITH THAT. HOW MUCH WOULD, YEAH, THERE'S, THERE'S THREE ENTRANCES AND THEY MATCH ENTRANCES UP ACROSS BESSIE COLEMAN TO THE COUNTY. BUT THOSE DON'T NEED CONCRETE. THE ONLY ONE NEEDS CONCRETES UP AT 77. CORRECT. CORRECT. SO, SO WE CAN WORK WITH TEXDOT TO PUT IN A PORK CHOP. IF IF THAT'S WE GET THEM TO DO THAT. I'M SORRY, WE CAN GET PORK OR TEXT.TO WE CAN ASK THEM TO DO IT, THEN THEY'RE GONNA ASK US TO DO IT AND THEN NOW WE'RE ASKING THE DEVELOPERS TO DO IT. YEAH. AND THE TIA DOESN'T, DOESN'T REQUIRE IT. IT DIDN'T REQUIRE IT FOR ANY OF THE OTHER ONES BE APPROVED EITHER. AND THE DEVELOPER PAID FOR THOSE. WHAT'S A BALLPARK, LOW END, HIGH END OR WHAT A PORK CHOP COSTS. I'M NOT GONNA HOLD IT SHOOTING FROM THE HEAD. I'M NOT HOLDING IT TO IT. I'M, I'M MAYBE $80,000. I MEAN FROM THERE UP TO 150 TO MAKE A HIGH NUMBER, 150 WOULD BE A HIGH NUMBER. THAT'D BE A LOT OF CONCRETE. NO, NO, BUT I'M JUST SAYING WE'RE LOOKING AT SOMETHING, WE'RE TALKING ABOUT A DEVELOPMENT WITH EIGHT BUSINESSES AND WE'RE ASKING HERE TO SPEND $150,000 MAXIMUM TO PUT A PARK CHOP IN FOR US SO WE FEEL COMFORTABLE WE'RE NOT KILLING PEOPLE. AND THAT'S THE KEY. CORRECT. RIGHT THERE. AND I, WE AND COUNCILMAN SMITH, YOU'VE BEEN VERY PROACTIVE ON MY TIME AT THE COUNCIL TO MAKE SURE THAT THE TRAFFIC IS, UH, DOESN'T PUT OUR CITIZENS IN THAT POSITION. UM, I LOVE THE PROJECT, LOVE EVERYTHING GOING IN THERE. UM, BUT UNLESS THERE IS A SOLUTION TO, IN LIGHT OF THE ADDITIONAL TRAFFIC THAT'S GONNA BE ON BESSIE COLEMAN AND PEOPLE TRYING TO GET ACROSS THERE, THERE HAS TO BE A SOLUTION TO TAKE. I I JUST, AS MUCH AS I LOVE THIS PROJECT, WE HAVE TO HAVE A SOLUTION FOR THAT. I'M NOT GONNA GO AND ROLL THE DICE THAT OKAY, WELL WE'LL PUT THIS IN AND 'CAUSE THE FIRST TIME I HEAR OF SOMETHING GOING WRONG AT THAT INTERSECTION, I FEEL IT IS ON ME AND IT'S ON US. AND I THINK THAT'S THE PASSION THAT COUNCILMAN WRIGHT AND COUNCILMAN SMITH ARE, ARE EXPRESSING HERE. THERE HAS TO BE A WAY TO BE ABLE TO HANDLE IT. I DON'T CARE WHAT ANY REPORT SAYS, WE CAN GO, WHAT WOULD BE BEST PRACTICE IN THAT SITUATION? BECAUSE, UM, [00:45:01] IN PREPARATION OF THIS, WE WENT BY THERE ON SUNDAY. UM, AND IT WASN'T THE BUSIEST OF TIMES, BUT TRYING TO GET ACROSS THERE TOOK A LONG TIME AND IT WAS DOWN TO PEOPLE COMING AND THE, AND THE SPEED. I MEAN, I'M TELLING YOU, ONLY WAY I CAN SUPPORT IS IF WE HAVE A SOLUTION FOR IT. I DO NOT WANT TO PUT, UM, PEOPLE'S LIVES IN JEOPARDY. ALSO, I THINK IT'S SOMETHING THAT WILL ASSIST THE PEOPLE WHO LIVE ON BESSIE COLEMAN IN THAT NEIGHBORHOOD. I'VE ALREADY HEARD FROM A NUMBER OF PEOPLE SAYING, WELL, IT'S ALREADY BAD ENOUGH, WE'RE JUST GONNA BE ADDING TO IT. UM, AND THEY'RE THE ONES THAT HAVE TO DEAL WITH IT EVERY DAY. THEY'RE NOT ME AND MY WIFE GOING DOWN THERE OR JUST A RANDOM, THESE ARE FOLKS THAT HAVE TO DEAL WITH IT EVERY DAY AND THEY ARE TRULY CONCERNED ABOUT SAFETY. SO THAT'S ALL. IF YOU NOTICE THE ONE GENTLEMAN ON PLANNING AND ZONING THE OTHER DAY THAT VOTED AGAINST IT LIVES ON BESSIE COLEMAN. AND THAT'S THE REASON HE SPECIFICALLY STATED IS BECAUSE OF THAT ISSUE OF THE TRAFFIC IS THAT HE UNDERSTANDS 'CAUSE HE LIVES ON THAT ROAD AND HE HAS TO MAKE THAT THING. I'M NOT, I TOLD YOU I LOVE YOUR PROJECT AND I WANT YOUR PROJECT TO GO. AND I WOULD HOPE THAT IF WE'RE TALKING ABOUT THAT MINIMAL AMOUNT, WHEN YOU'RE TALKING ABOUT THE MILLIONS OF DOLLARS THAT'S GONNA BE SPENT ON THIS, THAT A HUNDRED THOUSAND DOLLARS AT THE MOST IS NOT THE THING THAT KILLS THE PROJECT. YEAH, IT'S, I DON'T THINK IT'S A, IT'S A MONEY ISSUE. IT'S JUST A, IT'S A TRAFFIC ISSUE. I'M NOT A TRAFFIC ENGINEER, SO IT'S A LITTLE BIT OUT OF MY CAN CAN YOU COME UP TO THE MIC ON THIS? SORRY. YES. UM, I'M NOT A TRAFFIC ENGINEER SO IT, IT'S REALLY NOT THE COST OF A PORT SHOP. WE PUT 'EM IN A LOT OF PROJECTS. IT'S, IT, IT'S, IT'S JUST KIND OF OUT OF MY UM, REALM OF I UNDERSTAND YOU GUYS WANT A SOLUTION. YOU GUYS ARE CONCERNED ABOUT THE TRAFFIC. IS THAT THE RIGHT ONE? I YES IT IS. AND WE'RE TELLING YOU THAT. SO WILL YOU COMMIT TO PUTTING IN THE PORK CHOP OR NOT? UM, AT THE VERY LEAST, THE PORK CHOP AND THE STRIPING. IF, IF TIA OR, OR THE ENGINEERS OR SOMEBODY I COME UP WITH SOMETHING THAT WORKS MUCH BETTER OR THEY THINK IS MUCH BETTER, I'M OKAY WITH THAT. BUT AT THE VERY LEAST WE WOULD LIKE TO HAVE A COMMITMENT THAT AT THE VERY LEAST A PORK CHOP WOULD BE PUT IN. OKAY. IF AT ALL POSSIBLE. ANYTHING ABOVE THAT WOULD NOT BE ON YOU. BUT WE'RE, WE ARE REQUESTING, AND I THINK I HAVE HAD HAD THE SUPPORT OF AT LEAST TWO SO FAR THAT AT, AT THE MINIMUM, AT THE VERY BASE IT IS STRIPING BESSIE COLEMAN AND PUTTING IN THE PORK SHOP AND ANY IMPROVEMENTS BEYOND THAT, THE SAME THAT WE DO WITH ANY, WHEN THE CITY DECIDES TO OVERSIZE A WATER LINE OR A SEWER LINE, THAT, THAT, THAT WOULD BE ON US IF WE FIND A DIFFERENT SOLUTION. BUT AT THE VERY MINIMUM, THE COST FOR THE POURING OF THE PORK CHOP AND THE STRIPING OF BESSIE COLEMAN, IS THAT SOMETHING THAT AS THE DEVELOPER THAT YOU COULD AGREE TO FROM A COST STANDPOINT? YES. OKAY. OKAY. SO I THINK, UM, WHAT I'D LIKE TO, IF Y'ALL ARE GONNA MAKE A MOTION ON IT, WHAT I'D LIKE TO INCLUDE IS, IS FROM A COSTING POINT, YES WE WOULD BE WILLING TO DO THAT, BUT WE'D ALSO LIKE THE OPPORTUNITY TO MAYBE COME UP, JUST TALK WITH OUR ENGINEER. IS THERE SOMETHING BETTER THAT, THAT WE'RE NOT ALL THINKING ABOUT THAT MIGHT BE A BETTER SOLUTION? OR IS IT Y'ALL JUST DON'T WANT TRAFFIC GOING SOUTH AT ALL? WE DON'T WANT THEM TO TURN LEFT OUT OF THAT ROADWAY AT ALL UNLESS THERE'S A STOP A STOPLIGHT AND I DON'T THINK YOU'RE PULLING ONE FROM THE HEAVENS. SO THAT IS, THAT IS OUR ONLY OPTION. AND THAT'S WHAT WE, WHAT WE HAVE BEEN DOING FROM STARTING FROM ACADEMY, UM, ALL THE WAY NORTH. THEY ALL HAVE RIGHT IN RIGHT OUT NEWER DEVELOPMENTS. NOT ONES THAT WERE, THAT WERE, UM, BUILT PRIOR TO. SO I CAN DRIVE BY WHERE, UM, WHERE DO Y'ALL HAVE THAT IN PLACE THAT I COULD GO LOOK AT? THAT'S SOMETHING SIMILAR. UH, OF OLIVE GARDEN. THERE'S ONE OLIVE GARDEN, SEVEN 11 OLIVE GARDEN GO WHAT? FUR FURTHER NORTH OLIVE OF THOSE THAT ARE BEING POURED ON THE, ON THE EASTERN SIDE OF 77 NORTH, UH, IN FRONT OF AT WOODS. UM, THOSE ARE RIGHT IN RIGHT OUT. UH, THE MCDONALD'S THAT'S BEING POURED WILL BE THE SAME WAY THERE. THERE'S ALSO A COUPLE THAT WERE APPROVED THAT HAVEN'T CHOSEN TO GO FORWARD OR THEY JUST HAVEN'T GONE, LIKE THE URGENT CARE THAT'S ACROSS THE STREET FROM, FROM IT'S RIGHT BY POPEYE'S. THERE'S AN URGENT CARE THERE. AND WE'VE TOLD THEM RIGHT IN RIGHT OUT YOU CAN'T GO ANYWHERE OUTSIDE. MM-HMM. THEY'RE STILL IN URGENT CARE. I DON'T KNOW IF THEY'RE GONNA NOT DO THEIR PROPERTY OR WHAT, BUT, BUT THAT WAS LIKE A, A YEAR AGO. BUT I MEAN, THAT'S THE PROBLEM WE HAVE THERE WITH TIMEFRAMES. WE'VE, SINCE WE'VE BEEN ON COUNCIL MM-HMM. WHICH FOUR AND FIVE YEARS ON SOME AND [00:50:01] LESS, WE'VE BEEN TRYING TO DIRECT IT TO WHERE WE'RE NOT PUTTING PEOPLE CROSSING FOUR LANES OF TRAFFIC ON THAT ROAD. CORRECT. 'CAUSE UNFORTUNATELY NOBODY WANTS TO DEVELOP ON ANY OTHER ROAD IN ACHI. THE DEVELOPERS ALL WANNA BE ON THAT STREET. YEAH. WELL, ARE OUR USERS ALL WANNA BE ON THAT STREET? I I UNDERSTAND IT, YOU KNOW, BUT WE THEN HAVE TO WORRY ABOUT THE TRAFFIC. NO, I, BECAUSE WE'RE THE ONES THAT GOTTA LIVE WITH THESE PEOPLE EVERY SINGLE DAY, WE HAVE TO PUSH THEM TOWARDS THE TRAFFIC SIGNALS THAT ARE ALREADY IN PLACE. RIGHT. TURNING LEFT DEFEATS THE PURPOSE OF PUSHING THEM TOWARDS THE TRAFFIC SIGNALS THAT WE'RE TRYING TO DO WITH WHAT YOU'VE ALREADY POINTED OUT THAT THIS DEVELOPMENT TO YOUR NORTH WAS PLANNED TO DO IN THE VERY BEGINNING. RIGHT. SO THAT'S OUR GOAL IS TO GET THEM TO THE TRAFFIC SIGNAL. SO IF YOU WANNA TURN LEFT, THE ONLY SAFE WAY TO DO IT IS TO GET TO THE TRAFFIC SIGNAL ITSELF WITH THAT, WITH, WITH THE ROUNDABOUT THAT'S FURTHER EAST ON BESSIE COLEMAN. IF YOU HAVE TO TURN RIGHT FROM THERE AND YOU HAVE TO GO TO THAT, THAT, AND YOU HAVE TO GO TO THE CIRCLE, IT IS AN EXTRA MAYBE 500 FEET. SO WHAT ABOUT THE PEOPLE COMING SOUTHBOUND THAT ARE TRYING TO TURN INTO BESSIE COLEMAN? NOT THEY'RE GONNA HAVE TO TURN IN A MARKETPLACE AND THEN COME DOWN. NO, THEY COULD TURN IN, BUT THEY TURN, THEY'RE TURN, THEY'RE ONLY CROSSING TRAFFIC COMING ONE DIRECTION WHEN YOU'RE TRYING TO TURN LEFT. YOU, YOU GOT IT'S CLEAR FROGGER ON THAT ROAD IF YOU DO THAT. WHEREAS IF YOU'RE COMING IN FROM THE LEFT HAND TURN LANE, YOU'RE ONLY CROSSING ONE DIRECTION OF TRAFFIC. SO, SO PEOPLE WILL STILL BE ABLE TO ACCESS IT COMING SOUTHBOUND YES. ON BESSIE COLEMAN JUST NOT COMING OUT AND GOING SOUTHBOUND. CORRECT. OKAY. I MEAN, WE'RE JUST TALKING ABOUT EXITING YOUR PROPERTY AND NOT ENTERING YOUR PROPERTY. RIGHT. OKAY. ALRIGHT. JUST SO WANT JUST A MOMENT. TERRY, IF I COULD MAKE A SUGGESTION JUST FOR YOUR CONSIDERATION, WE COULD PUT SOMETHING IN THE DEVELOPMENT AGREEMENT THAT ADDRESSES THIS ISSUE. AND I THOUGHT OF SOMETHING TO THE EFFECT OF LIKE, AGAIN, YOU, WHATEVER TRIGGER WOULD BE APPROPRIATE BE PRIOR TO THE ISSUANCE OF A, OF A CERTIFICATE OF OCCUPANCY FOR ANY, ANY BUSINESS ON THE PROPERTY. THE DEVELOPER SHALL CONSTRUCT A HOODED RIGHT TURN LANE AT, UH, BESSIE COLEMAN WITH THIS INTERSECTION OF US HIGHWAY 77 WITH APPROPRIATE STRIPING. SOMETHING ALONG THAT LINE TO BE ADDED TO THE DEVELOPMENT AGREEMENT WHICH WOULD COMMIT, COMMIT THE, AND IF, IF SOMETHING CHANGED, THEY CAN ALWAYS COME BACK AND SAY, HEY, WE NEED TO RENEGOTIATE THE DEVELOPMENT AGREEMENT. LOOK AT SOMETHING IF THERE'S SOME SIGNIFICANT CHANGE. DO YOU HAVE THAT WRITTEN DOWN WHERE I CAN READ IT? I GOT IT. I GOT IT. . ARE YOU GUYS OKAY WITH IT? I HAVE WRITTEN DOWN WE NEED TO DO IT. YEAH. BECAUSE I DON'T PRETEND TO BE THE KNOW ALL EVERYTHING ABOUT TRAFFIC. RIGHT. LIKE AND I DON'T EITHER. LIKE YOU SAID, IF THE GUYS COME ALONG THROUGH THIS PROJECT AND HAVE A BETTER IDEA. YEAH. AND YOU GUYS CAN ALWAYS COME ASK US TO APPROVE THAT INSTEAD OF A PORK CHOP. RIGHT. AND I GUARANTEE YOU EVERYONE TO JUMP ON IT. YEAH. AND I, I'VE GOTTA TAKE IT BACK TO SPROUTS BECAUSE THEY HAVE TO APPROVE ALL THE SITE PLANS, YOU KNOW SURE. THAT HAVE TO GO LOOK AT IT. SO FROM A DEVELOPER STANDPOINT, I DON'T, WE DON'T MIND PUTTING IT IN. WE JUST, WE WANT TO, WE'RE NOT TRYING TO AFFECT THE FLOW TO THEM AT ALL. YEAH. IT'S, IT'S LEAVING IT'S SAFETY. LEAVING FOR SAFETY, SAFETY PURPOSES. IT UNDERST UNDERSTAND. AND HONESTLY, IF THEY TELL YOU NO, THEY DON'T WANT ANYTHING TO DO WITH THE SAFETY THINGS THAT WE'RE ASKING FOR, TO HELL WITH THEM, THEY CAN GO SOMEWHERE ELSE. THAT'S THE WAY I FEEL ABOUT IT. IF THEY DON'T CARE ABOUT OUR SAFETY CONCERNS, THAT'S THE WAY I FEEL ABOUT IT. SO, BUT IT'S, IT'S NOT SO MUCH THE PEOPLE THAT LIVE HERE THAT ALREADY KNOW IT'S A PROBLEM RIGHT THERE. YEP. IT'S ALL THE PEOPLE THAT COME FROM OUT OF TOWN MM-HMM . THAT DON'T KNOW IT'S A PROBLEM. THEY'RE GONNA JUMP ON THAT AND IMMEDIATELY GO TO 7 77 AND IT'S JUST SO DANGEROUS PULLING OUT THERE AND, AND TURNING LEFT OKAY. TO HEAD SOUTH. WELL, AND HONESTLY LOOKING AT IT FROM A CUSTOMER SATISFACTION STANDPOINT, HAVING THE ABILITY TO GET OUT AND GET IN AND GET OUT EASILY, THERE MAY BE SOME PEOPLE THAT SAY I GO THERE THE FIRST TIME AND THEN IF I'M TRYING TO GET OUT OR GET ACROSS OR WHATEVER, I'M NOT GONNA DO IT AGAIN. I'M GONNA GO DOWN TO TOM THUMB OR I'M GONNA GO TO ONE OF THE OTHER PLACES HERE. SO I THINK THAT IT CAN HAVE A POSITIVE EFFECT ON SPROUTS THAT THE PEOPLE FEEL SAFE WITH THE INGRESS AND EGRESS OFF THAT PROPERTY AND, AND DEALING WITH BESSIE COLEMAN IN 77. NOT TO MENTION WE'RE TALKING, THERE'S BEEN MENTION OF RESTAURANTS THAT SERVE ALCOHOL AND TORCHY'S IS ONE THAT PRIDES ITSELF ON BRUNCH AND GREAT SPECIALS. SO, UM, ADDING THAT TO A A LEFT TURN ONTO 77 IS JUST NOT THE GREATEST IDEA. WE CAN'T ASSUME THAT EVERYBODY IS INTELLIGENT ENOUGH TO FIND A LIGHT. OKAY. THANK YOU GUYS FOR THE YEAH, THANK YOU. THANKS FOR, THANKS FOR SAYING IT. WORK WITH IT AND LOOKING AND TRYING TO DO THIS WITH US. I MEAN SURE. WE, WE LOVE THE PROJECT, SO WE APPRECIATE IT. WE'RE EXCITED ABOUT IT. THANK YOU. TERRY. SHOULD WE VOTE ON AMENDING THE DEVELOPMENT AGREEMENT BEFORE APPROVING IT IN A WHOLE OR JUST ADD THAT IN THERE? WE, WE CAN, WE CAN APPROVE IT THEN ADD THAT, THAT LANGUAGE TO THE DEVELOPMENT AGREEMENT ON ITEM, WHATEVER THAT IS. 10 OH YEAH. OKAY. DEAL. ALRIGHT, ITEM NINE, CONSIDER APPROVING [00:55:01] SP 2 22 DASH 2024. DO WE HAVE A MOTION? MADAM MAYOR, I MOVE TO APPROVE SP DASH 2 22 DASH 2024. A SITE PLAN FOR THE PLAZA AT BESSIE COLEMAN. SUBJECT TO THE CONDITIONS OF THE STAFF REPORT. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU. NEXT [10. Consider Development Agreement for SP-222-2024] ITEM IS 10. THANK YOU GUYS. THANK Y'ALL. THANK YOU. APPRECIATE IT. CONSIDER DEVELOPMENT AGREEMENT FOR SP 2 22 DASH 2024. MAD MAYOR, I MOVE TO APPROVE THE DEVELOPMENT AGREEMENT FOR SP DASH 2 22 DASH 2024 WITH AN AMENDMENT THAT PRIOR TO THE ISSUANCE OF NECO, THAT HE, THAT HE AT MINIMUM A HOODED EGRESS, UH, FROM BESSIE COLEMAN TO 77 AND STRIPING ALONG BESSIE COLEMAN TO INCLUDE A TURN LANE, UH, BE COMPLETED. DO WE NEED TO SAY WHOSE COST IT IS BE COMPLETED AT THE DEVELOPER'S COST? YEAH. BE THE DEVELOPMENT AGREEMENT AND WE HAVE IT MAKING THE DEVELOPMENT. WE, WE CAN, WE CAN HONE ON THE EXACT WORDING. YEAH. SECOND. OKAY. DO WE HAVE A SECOND? TRACE SIGNS ALL IN AND WE NEED RIGHT TURN SIGNS. I'LL ACCEPT THAT ADDITION TO THE AMENDMENT. . ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. [11. Public Hearing on a request by David Ruble, Altered Grounds Coffee Roasters, LLC, for a Specific Use Permit (SUP) for a Food Manufacturing (Coffee Roasting) use within a Light Industrial-2 (LI-2) zoning district located at 401 South Flat Street, Suite 1 & 2 (Property ID 170566) - Owner: Clover Properties LLC (ZDC-48-2025)] NEXT ITEM IS A PUBLIC HEARING. MAD MAYOR. YES. CAN I JUST SAY THANK YOU TO THE REST OF, UM, OUR COUNSEL FOR PUTTING THE CITIZENS FIRST? UM, THAT'S, THAT'S SOMETHING THAT I'M PROUD THAT WE DO. ABSOLUTE. THAT, THAT WE DO STRIVE FOR. WE ALL AGREE ON. YEAH. OKAY. PUBLIC HEARING ON A REQUEST BY DAVID RUBBLE. ALTERED GROUNDS COFFEE ROASTERS. LLC FOR A SPECIFIC USE PERMIT FOR A FOOD MANUFACTURING USE WITHIN A LIGHT INDUSTRIAL TWO ZONING DISTRICT LOCATED AT 4 0 1 SOUTH FLAT STREET, SUITE ONE AND TWO. OWNER IS CLOVER PROPERTIES. LLC TRENTON. THANK YOU. UH, THE APPLICANT IS REQUESTING A SPECIFIC USE PERMIT FOR A FOOD MANUFACTURING USE WITHIN LIGHT INDUSTRIAL TWO DISTRICT. UM, I DO WANNA GO AHEAD AND, AND MENTION THAT, UH, WHEN THIS WAS BEING APPLIED FOR, UH, DUE TO THE SIZE OF THIS, THIS WOULDN'T BE YOUR TYPICAL FOOD MANUFACTURING BUSINESS THAT YOU WOULD IMAGINE BEING LARGE. UM, LOTS, LOTS OF SHIPMENTS GOING IN AND OUT. UM, A LOT OF WASTE. UM, BUT THIS WAS THE CLOSEST USE, THAT CLOSEST USE THAT THIS WOULD FALL UNDER. UM, PART OF THE LI TWO DISTRICT DOES REQUIRE SPECIFIC USE PERMIT AS PREVIOUSLY MENTIONED IN ORDER TO, UM, ALLOW THEM TO OPERATE AT THIS LOCATION. UM, THIS USE WOULD BE LIMITED TO 4 0 1 FLAT STREET SUITE ONE AND TWO AS PART OF THIS REQUEST. UM, THE SURROUNDING PROPERTIES ARE PREDOMINANTLY ZONED LIGHT INDUSTRIAL TWO DISTRICT. SO THE PROPOSED REQUEST IS CONSISTENT WITH THE SURROUNDING AREA. ADDITIONALLY, AS PART OF THIS, UM, PART OF THE CONDITIONS AND THE OPERATION, UH, GUIDELINES THAT WERE SUBMITTED TO THE CITY AND WERE APP, UH, WE'RE RECOMMENDED APPROVAL BY THE PLANNING ZONING COMMISSION, UH, INCLUDED THAT NO MORE THAN TWO DELIVERIES. THE PROPERTY PER WEEK IS ANTICIPATED. NO 18 WHEELERS ARE EXPECTED TO DELIVER. A MAJORITY OF THEIR DELIVERIES WILL BE, UH, USPS, UH, UPS FEDEX, UM, FOR THOSE DELIVERIES, VERY LOW TRAFFIC COUNT. UH, THE ONLY TRAFFIC THAT WOULD BE COMING TO THE SITE WOULD BE FOR EMPLOYEES WHO WORK THERE AND FOR THE OCCASIONAL LOCAL VENDORS WHO COME TO PURCHASE THEIR COFFEE. UM, ONCE AGAIN, UH, STAFF HAD NO CONCERNS ABOUT THE TRAFFIC THAT IS GONNA BE GENERATED BY THIS USE. UM, ONCE AGAIN, FOOD MANUFACTURING, YOU USUALLY SEE ON A LAR LOT LARGER, UH, PROPERTY AND YOU USUALLY SEE A LOT MORE, UM, ACCESS. UH, HERE'S A PROPOSED SITE PLAN. THE PARKING WILL BE LOCATED, UM, ADJACENT TO THE BUILDING. THERE'S PARKING TO THE, UH, BOTH THE EAST AND THE UH, NORTH PORTIONS OF THE SUBJECT PROPERTY. UH, ANY KIND OF DELIVERY TRUCK THERE IS A SPOT FOR A DELIVERY TRUCK, UH, SUCH AS A FEDEX TRUCK OR A-A-U-P-S TRUCK TO COME BY, UH, PARK THERE. UM, ONCE AGAIN, THIS IS, UH, PROBABLY LESS TRAFFIC THAN YOU WOULD SEE MANY OTHER BUSINESSES, UH, RETAIL BUSINESSES THAT YOU ACTUALLY IMAGINE COME BY. OKAY. THEY DID SUBMIT A FLOOR PLAN. UM, IN THIS FACILITY, THERE'S ONLY GONNA BE ONE ROASTER, AND THAT'S GONNA BE LOCATED RIGHT HERE AS YOU SEE THE NUMBER TWO. UM, THEY'LL HAVE A PACKAGING AREA, UM, A SET UP AREA, A CLEANING AREA, UM, AND ONCE AGAIN, A PART OF THEIR OPERATIONAL PLANS. THEY ARE, IT'S A VERY SUSTAINABLE, UH, OPERATION. UH, THEY DO [01:00:01] PLAN TO, UM, RECYCLE. UM, I'M NOT A CO A COFFEE CONNOISSEUR, SO I MIGHT BE USING THE WRONG LINGO AND THE OWNER IS HERE TO BE ABLE TO CORRECT ME AS I'M ABOUT TO GET IT WRONG. UM, THE, UH, WHEN THEY ROAST THE COFFEE, IT'S THE SHELLS OR THE, THE, THERE IT GOES RIGHT THERE. UM, THEY DO PLAN TO SEND THAT TO LOCAL FARMERS FOR, UM, PART OF THEIR, UM, PROCESSES AND NO ONE THING THAT'S EVERY BIT OF THEIR WASTE. SO EVERYTHING THAT THEY'RE USING WILL BE RECYCLABLE. UM, THIS ONE BEFORE THE PLANNING ZONING COMMISSION, UH, THEY DID RECOMMEND UNANIMOUS APPROVAL OF IT. WE SENT OUT NOTICES, ALL PROPERTY OWNERS WITHIN 200 FEET. UH, TWO LETTERS CAME IN SUPPORT, AND ZERO LETTERS IN OPPOSITION. AND I CAN ANSWER ANY QUESTIONS AT THIS TIME. THANK YOU, TRENTON. THIS IS A PUBLIC HEARING. ANYONE THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. [12. Consider proposed Ordinance approving ZDC-48-2025] ITEM 12, CONSIDER PROPOSED ORDINANCE APPROVING ZDC 48 DASH 2025. COUNSEL, MADAM MAYOR, I HAVE ONE QUESTION FOR THE APPLICANT, AND JUST TO GET AHEAD OF IT, DO YOU HAVE ANY NEEDS FOR SIGNAGE THAT HAS NOT ALREADY BEEN APPROVED THROUGH OUR PROCESSES? UH, MY NAME'S DAVID RUBBO. I LIVE AT 3 1 6, JOHN ARDEN AND WAXAHATCHEE. AND, UH, THE ONLY SIGNS THAT THERE WOULD BE WOULD BE WINDOW DECALS AS THERE IS CURRENTLY ON, FOR THE EXISTING TENANT THAT'S THERE. ALL THE POST SIGNAGE THAT THEY PRESENTED MEETS ALL CITY CODE. OKAY. THEY'RE NOT ASKING FOR ANY VARIANCE AND YOU'RE NOT GONNA NEED ANY ADDITIONAL. I'M TRYING TO HELP YOU OUT HERE, LIKE IF YOU THINK YOU MIGHT NEED ANY OTHER SIGNAGE SPEAK NOW OR NOT THAT I HAVE ON THE PORTAL. NOT THAT I CAN THINK OF. OKAY. COUNSEL, Y'ALL HAVE ANY OTHER QUESTIONS? NO. NOPE. NO. THANK YOU. I'LL ENTERTAIN A MOTION FOR ITEM 12. I MOVE TO APPROVE ZDC DASH FOUR EIGHT DASH 2 0 2 5. A SPECIFIC USE PERMIT BIT FOR FOOD MANUFACTURING. USE SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. ITEM 13 WAS PULLED. [14. Consider Professional Services Agreement Amendment Number 1 for the US 77 Water Main Extension Phase I Project] SO WE'LL MOVE TO ITEM 14. CONSIDER PROFESSIONAL SERVICES AGREEMENT AMENDMENT NUMBER ONE FOR THE US 77 WATER MAIN EXTENSION, PHASE ONE PROJECT KUMAR. GOOD EVENING, MADAM MAYOR. UH, GOOD EVENING COUNSEL. UM, WE ARE REQUESTING TO CONSIDER THE AMENDMENT NUMBER ONE FOR DESIGN SERVICES. UH, TEXT.IS BUILDINGS PER 3 9 4 FROM I 35 TO HOWARD ROAD. AND, UH, ALONG THOSE ROAD WE HAVE OLD ITALY INTERSECTION OF OLD ITALY ROAD AND INTERSECTION OF HOWARD ROAD. AND WE HAVE ONE WATER MAIN AT OLD ITALY ROAD AND ALSO THREE WATER MAINS AT HOWARD ROAD. AND TXDOT IS REQUIRING US TO PUT ALL THE WATER MAINS IN CASINGS. UH, SO THIS, UH, AMENDMENT IS TO PROVIDE DESIGN SERVICES, UH, FOR PUTTING THIS OUR WATER MAINS IN CASINGS AND THE AMENDMENT WILL BE FUNDED THROUGH 2019 WATER BOND. WITH THAT WILL BE HAPPY TO ANSWER ANY QUESTIONS. DO WE KNOW THE COST OF THAT KUMAR? UH, $71,000 MATTER. OKAY. WHERE YOU, WHEN YOU SAY CASING, IS THAT LIKE JUST PUTTING IN A BIG, PUTTING THREE PIPES IN A BIGGER PIPE? SO THE, THE, SO THE TEXT, THE INTENT OF THE TEXTILE, UH, HAVING US TO PUT IS LIKE IF THERE IS ANY WATER MAIN BREAKS OR ANYTHING. SO WE DO NOT, UM, IMPACT THE TRAFFIC AND WE DO NOT CLOSE ANY TEXTILE ROADS. SO BY PUTTING THE CASING, IT PROTECTS OUR WATER MAIN. AND ALSO IF WE WANNA REPAIR OUR WATER MAIN, WE CAN, WE WILL BE OUT, OUT OF THE TEXT DOT RIGHT OF WAY. WE CAN PULL THE BROKEN WATER MAIN AND REPAIR IT. SO YES, IT'S LIKE A SLEIGH. IT'S A SLEEVE. SLEE. YEAH. OKAY, MS. GARY, SECOND. THANK YOU. THANK YOU. OKAY, I ENTERTAIN A MOTION. MADAM MAYOR, I MOVE TO APPROVE PROFESSIONAL SERVICES AGREEMENT AMENDMENT NUMBER ONE WITH TEAGUE, NALL AND PERKINS INCORPORATED FOR THE US 77 WATER MAIN EXTENSION PHASE ONE PROJECT, AND THE AMOUNT OF $71,000 TO BE FUNDED FROM THE 2 20 19 WATER BOND SAVINGS. AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. [01:05:01] THANK YOU COUNSEL. NEXT ITEM [15. Consider proposed Ordinance approving alley abandonment at North Grand Avenue, Poplar Street, and North Central Street.] IS 15. CONSIDER PROPOSED ORDINANCE APPROVING ALL ABANDONMENT ABANDONMENT AT NORTH GRAND AVENUE, POPLAR STREET AND NORTH CENTRAL STREET, JAMES MAYOR COUNCIL, UH, THIS ITEM TO CONSIDER ALLEY ABANDONMENT. UH, SO HERE IN THE CITY WE HAVE SEVERAL ALLEYS THAT ARE, UH, NOT USED FOR LIKE TRAFFIC. IT IS VEGETATED AND BASICALLY THERE'S NO PUBLIC USE. AND SO WE HAVE A LOT OF THESE OLD ALLEYS, UH, THAT WE HAVE THE SITUATION. UH, AND THIS SITUATION RIGHT HERE. WE ALSO HAVE, UH, RESIDENTS THAT HAVE CALLED COMPLAINT ABOUT, UH, VEGETATION GROWTH OR BRANCH THAT BROKE AND FELL ON THEIR FENCE. UH, HOWEVER, WE CANNOT GET ACCESS TO THESE ALLEYS BECAUSE, UH, THE PEOPLE HAVE BUILT THEIR FENCES AND CLOSED THE AREA OR BUILT STRUCTURES BECAUSE THEIR SURVEYS THAT THE ALLEY WAS ABANDONED, UH, WE HAVE NO RECORD OF THAT ALLEY ABANDONMENT. AND SO WE HAVE SEVERAL AREAS THAT WE CAN'T ACCESS. AND THIS ONE IS ONE EXAMPLE. WE HAVE A TREE AND FENCES. SO, UH, WE LOOKED AT THE SITUATION AND SEE IF WE CAN, UH, IF THERE'S ANY PUBLIC USE, AND WE DETERMINED THAT THERE IS NOT, THERE IS A POWER LINE THAT GOES THROUGH PORTION OF IT. AND SO WE'LL PUT A ACCESS, UH, UTILITY EASEMENT TO COVER THAT, UH, UTILITY LINE. AND THEN THERE'S ALSO ACCESS FOR, WE'LL PUT A, A ACCESS EASEMENT FOR THE COMPTON AND, UH, THE TROOPS COULD, THEY HAVE A DRIVEWAY OFF OF THE ALLEY, BUT THAT WOULD BE A PRIVATE, UH, ACCESS EASEMENT FOR THEM. AND THOSE HAVE TO BE RECORDED BEFORE THE DEED IS RECORDED. SO WE HAVE THE DOCUMENTS ALREADY. ALL THE PROPERTY OWNERS HAVE, UH, AGREED TO TAKE HALF OF THEIR, UH, ALLEY AND, UH, THEY'RE READY TO DO THE, THE, UH, SIGN THE DOCUMENTS TO BE ABLE TO GET THE DEED FOR THAT ALLEY ABANDONED IT. WE HAD TO DO ABANDON THE ENTIRE ALLEY OR NONE OF THE ALLEY. AND THIS CASE RIGHT HERE, THE RESIDENTS ARE WILLING TO BE ABLE TO TAKE THEIR HALF OF THE ALLEY. SO I RECOMMEND APPROVAL OF THIS ABANDONMENT. I HAVE A QUESTION. UM, WHAT ABOUT WHERE THAT ALLEY CROSSES? NORTH CENTRAL? SO YOU TALKING ABOUT ON THE OTHER SIDE OF NORTH CENTRAL TO THE EAST? UH, SO WE HAVE NOT ABANDONED THAT, UH, BECAUSE, UH, RIGHT NOW THE, THE REQUEST IS FOR THIS PORTION RIGHT HERE. OKAY. THERE'S SEVERAL OTHER AREAS THAT, UH, YOU KNOW, IT WOULD BE GOOD TO, YOU KNOW, LOOK AT, UH, A ABANDON. IT'S, IT'S JUST THIS IS A CITY INITIATED ONE, UH, BECAUSE OF THE, AND SO WE'RE PAYING FOR THE, ALL THE SURVEY AND SO WE'RE PAYING THAT OUT OF THE PUBLIC WORKS, UH, OPERATING FUND. AND SO WE WHEN TO LOOK AT THOSE IN CASE BY CASE BASIS WHERE WE CAN AFFORD TO BE ABLE TO, TO DO THAT. BUT THERE'S SEVERAL AREAS IN THE CITY THAT WOULD GREAT IF WE CAN ABANDON THOSE ALLEYS. MORE TAX BASE. WHAT'S THAT? MORE TAX BASE, RIGHT? . OKAY. IF THERE'S NO OTHER DISCUSSION, I'LL ACCEPT A MOTION. WELL, I GUESS I, WHY DO WE HAVE TO PAY FOR A SURVEY TO ABANDON THE ALLEY? SO, SO IN THIS CASE RIGHT HERE, USUALLY THE, THE PROPERTY OWNERS, WHEN THEY REQUEST TO ABANDON IT, THEY, THEY'LL, THEY'LL PAY FOR IT. BUT YOU KNOW, USUALLY THERE'S LIKE ONE OR TWO PROPERTY OWNERS, WHICH WE'RE GONNA HAVE THAT LATER ON TODAY. IN THIS CASE RIGHT HERE, THERE'S 11 PROPERTY OWNERS THAT, YOU KNOW, YEAH, THERE'S, YOU KNOW, WE WERE THE ONES INITIATING IT. AND SO BASICALLY WE, UH, IF IT WAS A, A RESIDENT INITIATING, THEN THEY'LL PAY FOR IT. BUT IN THIS CASE RIGHT HERE, 'CAUSE SO MANY PROPERTY OWNERS TO TRY TO GET EVERYTHING ON THE TABLE, UH, WE SAY THAT WE'RE WILLING TO PAY THAT. SO THE COST FOR THAT WAS 17,200, UH, TO PREPARE THOSE SURVEY DOCUMENTS FOR ALL 11 PROPERTIES. I GUESS I'M JUST CONFUSED AS TO WHY WE EVEN NEEDED TO GET A SURVEY WHEN THEY'RE GONNA HAVE TO GET ONE IF THEY EVER SELL THE PROPERTY ANYWAYS. UM, WE'RE NOT REALLY TRANSFERRING ANYTHING TO MAKE SURE THEY'RE GONNA HAVE TO REPLANT THE PROPERTY AT ONE POINT IN TIME. HAVE TO RET THEY'LL HAVE TO REPL THE PROPERTY. SO THEY'RE, THEY'LL NEED A LEGAL DESCRIPTION WHEN THEY DO REPL AND THEN IF THEY SELL THE PROPERTY, THEY'D HAVE, THEY'D HAVE A TOTALLY PLATTED LOT TO SELL. AND, AND SOMETIMES WHEN THEY, IT IS A SIMPLE, I WANNA SAY SIMPLE ALLEY THAT'S, WE'RE ABANDONING, WE CAN SAY HALF OF THIS ALLEY'S WHEN GO TO THIS PROPERTY AND THAT HALF TO THAT PROPERTY. THIS IS, IF YOU LOOKED AT THE EXHIBIT, IT IS A, A COMPLICATED, UH, ALLEY RIGHT HERE. IT'S NOT EVEN, IT'S NOT EVEN WHERE IT WAS ORIGINALLY DESIGNED. OKAY. AND THAT'S VERY TRUE BECAUSE WE HAD TO DEAL OTHER SIDE OF THE BUILDING. WE HAD TO DEAL WITH THAT, WE HAD TO DEAL WITH THAT WITH THE SURVEY. WHEN WE STARTED DOING THE ACTUAL SURVEY, THE SURVEYS REALIZED THERE'S THINGS ARE WRONG ON THE LS CAD, UH, MAPS, AND THEY GOT THAT ALL RECTIFIED WITH THIS, UH, PROJECT RIGHT HERE. DO YOU HAVE A MOTION? MADAM MAYOR? I MOVE TO APPROVE THE ORDINANCE FOR THE ALLEY ABANDONMENT BETWEEN NORTH GRAND AVENUE, POPLAR STREET AND NORTH GRAND, NORTH CENTRAL STREET AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS. DO A SECOND. SECOND. [01:10:01] ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. [16. Consider proposed Ordinance approving alley abandonment at E. Ross and Penn Street] NEXT ITEM IS CONSIDER PROPOSED ORDINANCE APPROVING ALLEY ABANDONMENT AT EAST ROSS AND PENN STREET. JAMES. UH, THANK YOU MAYOR. COUNSEL, UH, THIS IS AN ITEM TO CONSIDER ALLEY ABANDONMENT OF THE EAST ROSS AND PENN STREET. UH, SO THIS IS, UH, IF YOU LOOK AT THE EXHIBIT A ON THIS ITEM, UH, IT IS A LIKE A T SO THERE'S A NORTH, SOUTH CONNECTS TO EAST ROSS TO PENN STREET, AND UH, ALSO THERE'S EAST WEST THAT, UH, CONNECTS TO THIS ALLEY, BUT IT'S BASICALLY TO THE WEST, SORRY, TO THE EAST OF BROWN STREET. UH, THIS WAS ALSO ONE OF THOSE, UH, CELL, UH, CITY INITIATED ONES. UH, BECAUSE WE, UM, AGAIN, IF IT'S A COMPLICATED ITEM, WE HAD A LOT OF PEOPLE COMPLAINING ABOUT, UH, VEGETATION AND CITY LIKE TREES FALLING INTO PEOPLE'S PROPERTY AND DAMAGING THEIR PROPERTIES. UH, SO WE, WHEN WE START DOING THE RESEARCH ON THIS PROPERTY, WE REALIZE THAT, UM, YOU KNOW, RIGHT NOW THAT ALLEY IS ACTUALLY BEING USED BY TWO PROPERTY OWNERS AS THEIR DRIVEWAY. THEY ACTUALLY BLOCK THE, THE ALLEY SO THEY CAN USE IT AS A DRIVEWAY. AND SO, AND UH, WE TALKED WITH, UH, ALL THE PROPERTY OWNERS ON BROWN STREET AND ALL OF 'EM SAID THEY DID NOT, DID NOT WANT THEIR HALF. AND UH, THEY EVEN THE CORONER PROPERTY AT, UH, BROWN AND PENN SAID THEY DON'T WANT THE ALLEY, BUT THEY ALSO DON'T WANT TO ABANDON IT. AND THAT WAS NOT ONE OF THE OPTIONS IS, YOU KNOW, IF YOU WANT YOUR HALF, YOU GET HALF OF IT. IF YOU DON'T WANT, THE WHOLE THING GOES TO THE PROPERTY, ONE THAT WANTS IT. AND SO, UM, IN THIS CASE RIGHT HERE, THE PROPERTY AT 1 0 1 PENN STREET, UH, WANTS THE FULL ALLEY, UH, THE PROPERTY ON THE ONE 10 EAST ROSS WANTS THE FULL ALLEY WHILE THE PEOPLE IN BROWN STREET DON'T WANT IT ON THE EAST WEST PORTION. THE PROPERTY LIKE EAST AT PENN STREET DOES NOT WANT ANY OF THE EAST WEST ALLEY AT ALL. BUT THE PROPERTY ON NORTH, ON EAST ROSS ALL WANT IT EXCEPT ONE 14. UH, WHICH, WHICH GETS VERY COMPLICATED, BUT I TALKED WITH, UH, TERRY JUST A, A WHILE BACK AND ONE 12 WANTS THE WHOLE, THEIR PORTION OF THE SOUTH OF THEIR PROPERTY. AND THE PORTION ON ONE 14, LIKE I SAID BEFORE, IT HAS TO BE EVERYBODY OR NOBODY, UH, TO BE ABLE TO ABANDON ALLEY. AND THIS CASE RIGHT HERE, ONE 12 WAS WILLING TO TAKE THAT PORTION THAT'S SOUTH OF ONE 14 'CAUSE HE WANTS TO HAVE ACCESS TO HIS HOUSE. SO HOW MUCH DOES THAT SURVEY COST? UH, THAT SURVEY WAS, UH, 4,690. DID WE PAY FOR THE WHOLE THING? WE PAY FOR THAT, YES. OKAY, SO HERE'S, HERE'S MY ISSUE IS THAT WE'RE PAYING FOR THESE SURVEYS AND I GET IT AT THE, AT, AT THE END OF THE DAY, IT'S ONLY, ONLY $22,000, BUT THEN WE'RE GIVING AWAY LAND ALSO. SO HAVING NO PARTICIPATION AND THEY'RE JUST WANTING THE PROPERTIES AND WE'RE GIVE, WE'RE WE'RE PAYING FOR THE SURVEY TO INCREASE THEIR, THEIR PROPERTY AND THEN WE'RE GIVING AWAY THE PROPERTY. WHY ARE WE NOT TRYING TO RECOVER ANY, I MEAN, EVEN IF IT'S $500 FROM EACH ONE OF THEM TO PURCHASE THE PROPERTY, WHY, WHY ARE WE NOT TRYING TO RECOVER ANY OF THE FUNDS? YOU KNOW, I, I CAN ANSWER THAT THIS WAY IS IS IN THIS, THESE CASES WE ARE ABANDONING THE ALLEY IF WE HAVE NO PUBLIC NEED FOR IT. ESSENTIALLY WE'RE BITING OFF AN OPERATIONAL COST. LIKE IF A TREE FELL IN THERE AND SOMEONE CALLED, I MEAN WE COULD SPEND SEVERAL DAYS CLEARING TREES IN THERE AND, AND EASILY, YOU KNOW, IT EASILY COST MORE THAN $22,000 IN OPERATION COST. SO THE, YOU KNOW, THE, THE ABILITY TO SAY, HEY, WE NO LONGER NEED THIS ALLY FROM OUR PUBLIC PURPOSE AND GIVE IT TO PRIVATE INDIVIDUALS TO OWN IT. UM, THAT REALLY HELPS US FROM A, JUST AN OPERATIONS STANDPOINT. SO, I MEAN THAT RATHER THAN TRYING TO RECOUP THE DOLLARS, YOU KIND OF GETTING 'EM OVER TIME BY SAVING ON AN OPERATION COSTS. AND THEN THAT PROPERTY ALL ALSO BECOMES TAXABLE PROPERTY. SO WE GET PROPERTY TAXES ON IT. SO THE CITY, THE COUNTY, THE STATE, EVERYBODY SPLITS IT. SO AM I, AM I TO UNDERSTAND THAT THIS, THIS WAS SOME, BOTH OF THESE IS, THESE WERE ISSUED, UM, ARE STARTED BY THE CITY, CORRECT? YES. CORRECT. IT WASN'T THAT THE, THESE RESIDENTS CAME AND SAID, HEY, WE WANT, WE WANNA SPLIT THIS UP. CAN Y'ALL ABANDON IT? SO WE ACTUALLY APPROACHED THEM AND SAID, WE, WE WOULD LIKE TO GET THIS OFF OUR BOOKS. BASICALLY THERE THERE WAS A, THERE WAS ONE PROPERTY OWNER THAT WANTED TO HAVE ACCESS TO BE ABLE TO GET TO THE BACK HIS BACKYARD, BUT ALSO OTHER PROPERTY THAT WANT TO KEEP IT FOR, LIKE I SAID, THE DRIVEWAY. UH, 'CAUSE SOME, UH, AND WE HAVE ONE OF THE PROPERTY OWNERS HERE IF, IF YOU WANT TO HEAR FROM, FROM THEM. UH, BUT UH, BASICALLY WE ARE THE ONES THAT INITIATED. 'CAUSE AGAIN, IT IS A LITTLE MORE COMPLICATED 'CAUSE WE HAVE MULTIPLE PROPERTY OWNERS BESIDES THE, THE FOUR THAT ARE INVOLVED HERE. UH, THERE'S EVERYBODY ON BROWN STREET, UH, THAT WE NEED TO COORDINATE WITH AS WELL. AND SO, UH, THAT'S, THAT'S THE REASON WHY, UH, IF WE CAN, YOU KNOW, IF THERE WAS AN EASIER WAY THAT WE DON'T HAVE [01:15:01] TO DO SURVEY AND GET THAT. CAUSE I, I WOULD LOVE TO DO THAT. SO THERE'S A LOT OF ALLEYS THAT WE COULD, YEAH, SO THAT'S, THAT'S, THAT'S MY ISSUE THOUGH IS THAT YOU MENTIONED THAT EARLIER, THAT THAT THERE'S A LOT OF INSTANCES WHERE THIS COULD BE DONE. SO I'M LOOKING AT $22,000 RIGHT HERE. BUT IF THERE'S A LOT OF INSTANCES, ARE WE GONNA QUICKLY NOW HAVE OTHER PROPERTY OWNERS SAY, HEY, I DON'T COME DO THIS OVER HERE AND NOW WE'RE $300,000 IN BECAUSE WE OPENED UP A CAN OF WORMS. NOT REALLY, BECAUSE THAT'S GONNA BE BASED ON, YOU KNOW, ONE, DO WE HAVE A DESIRE TO WANT TO BANNER OR DO WE, WE WANT TO HAVE LET THEM GO THROUGH THAT PROCESS AND DO THAT. IN THIS CASE RIGHT HERE, UH, IT'S CLEANING UP A LOT OF THAT. UH, UH, IF IT WAS A SIMPLE PROJECT, LIKE I WANNA SAY THE THE NE THE NEXT ONE IS GONNA BE PRETTY SIMPLE. UH, THAT THAT'S GONNA BE PAID BY THE PROPERTY OWNER. UH, BECAUSE IT IS A SIMPLE THING RIGHT HERE WE HAVE, YOU KNOW, 15 PROPERTY OWNERS AND, AND UH, SOME ISSUES WITH ACTUAL SURVEY, LIKE WHAT IS IT REALLY THERE? AND THEN WE HAVE DISPUTES. IS IT, YOU KNOW, IS THIS REALLY HAVE, UH, DISPUTES WE GOT WHO OWNS A PROPERTY? THAT'S WHAT WE'RE TRYING TO AVOID RIGHT HERE. SO I GET THAT MY, I'M STILL JUST SAYING THAT I GET IT. IF WE'RE GONNA OPEN, ARE WE OPENING UP A CAN OF WORMS BY STARTING THIS PROCESS AND THE CITY FOOTING THE BILL FOR THAT? NOW WE'RE GONNA BE ABANDONING THESE EVERY OTHER WEEK AND WE'RE GONNA BE 300 GRAND IN ON SURVEYS TO, SO WE DON'T HAVE THE BUDGET TO DO THAT. I CAN SAY THAT. AND SO, AND THAT'S WHERE WE'D BE LOOKING AT A CASE BY CASE, UH, SITUATION, UH, IF IT IS A A, A RESIDENT INITIATED ITEM WILL LET THEM GO THROUGH THAT PROCESS AND PAY FOR THE SURVEY. AND UH, SO THAT WAY BUT THE CASE, IF IT'S COMPLICATED AND IT'S SIX OF THEM AT ONE TIME, ARE THEY, WE THEN GOING TO STEP IN TO AVOID THE CONFLICT? IF THERE'S, IF THERE'S ONE THAT WANTS TO, TO PROGRESS WITH THAT, THEN THEY, WELL IF THERE'S SIX OF THEM ALL NEXT DOOR, ARE WE GOING, THE ONE THAT WANTS IT CAN PAY FOR ALL STEP IN. AND THAT'S THE, THAT'S THE ONLY THING WE CAN MAKE THE DECISION IS TO SAY, YOU KNOW, RIGHT NOW WE'RE JUST, UH, I I UNDERSTAND YOUR CONCERN THAT WE'RE GOING TO OPEN THIS DOOR, BUT AT THIS WE, WE DON'T HAVE, WE CAN'T OPEN OR CLOSE THAT. WE DON'T NEED TO OPEN IT ALL THE WAY, YOU KNOW, AS PEOPLE COME TO COMPLAIN ABOUT THINGS. I, I THINK TO, TO GO ALONG WITH WHAT YOUR POINT IS, AND I UNDERSTAND YOUR POINT. I JUST SOLD A HOUSE THAT IT'S GOT OLD ALLEY BEHIND IT AND EVERYBODY'S ALREADY BUILT THEIR FENCES ALL THE WAY BACK. IT'S BETWEEN HARVARD AND CURVIN, BUT THAT BACK, THERE'S STILL ACTUALLY AN ALLEY SUPPOSEDLY. SO IF I WENT AND ASKED HIM, I'D HAVE TO PAY FOR IT. BUT LOOK AT THE ALLEY BETWEEN SANKA AND VIRGINIA, IT'S A FULL ALLEY ALL THE WAY DOWN AND IT, YEAH, IT GROWS UP AND THEY COME MOW IT ONCE IN A BLUE MOON. BUT IF WE STARTED ASKING FOR THAT AS THE CITIZENS FOR THEM TO ABANDON IT, 'CAUSE NOBODY'S TAKEN OVER PART OF THE ALLEY AS OF NOW, THEN THEY WOULD DO THIS PROCESS AND WE WOULD BE ABLE TO SAY NO, WE'RE NOT DOING THAT. RIGHT. THERE'S NOTHING WRONG WITH THAT ALLEY THAT ALLEY'S NOT CREATING AN ISSUE. BUT THE ONES THAT YOU'RE TALKING ABOUT, THEY'RE SO CONVOLUTED. 'CAUSE OVER, OVER THE YEARS, NOBODY KNOWS WHO BUILT THE FENCES AND BUILT THE WHATEVER ON THE ACTUAL ALLEY PROPERTY, RIGHT? IS THAT WHAT, THAT'S CORRECT. THAT'S WHY WE DID IT AS A CITY IS BECAUSE WE DON'T KNOW WHO DID THAT, WHO BUILT WHAT AND WHEN AND, AND WE'RE GETTING LIKE THE, THE, THE LIABILITY OF WHEN THE VEGETATION FALLS ON PEOPLE'S PROPERTIES AND DAMAGE THEM, THAT WE'RE NOW ON THE HOOK TO PAY FOR THOSE RIGHT. AS WELL STILL MISSING THE POINT. SO WE'VE ALREADY PAID FOR THE SURVEYS. CORRECT? CORRECT. SO THAT'S PART OF MY POINT RIGHT THERE IS THAT WE'VE ALREADY, WE'VE ALREADY PAID FOR THE SURVEYS. SO WHAT'S THE POINT OF EVEN COMING TO US NOW TO ABANDON THEM? WE'VE ALREADY IDENTIFIED 'EM. WHY ARE WE EVEN HAVING TO DO A SURVEY? WE COULD JUST ABANDON THE ALLEYWAY AND THEN THE PROPERTY OWNERS CAN CHOOSE TO PAY FOR THEIR OWN SURVEYS. SO WE HAVE TO, AND I I GONNA SAY THAT THERE, THERE ARE STATUTES THAT TALK ABOUT THIS AND THE REASON YOU MOST CITIES WANNA BE INVOLVED IS BECAUSE PROPERTY OWNERS THEN DISAGREE AND THEN DETERMINING WHERE THE LINES ARE. IF, IF FOR EXAMPLE, IF YOU AND I HAVE AN ALLEY BETWEEN US, I MAY HAVE MINE SURVEYED THAT I THINK IS HALF, AND YOU MAY HAVE YOURS PART SURVEY THAT YOU THINK IS HALF, BUT IF WE USE, WE, WE MAY NOT BE COMMUNICATING WITH ONE ANOTHER. AND SO YOU GET INTO A CONFLICT THERE. SO UNDER THE STATUTE, CITIES ARE ALLOWED TO ABANDON ALLEY ALLEYWAYS AND IT'S ONE OF THE FEW EXCEPTIONS WHERE YOU DON'T HAVE TO NECESSARILY GET FAIR MARKET VALUE BECAUSE, UH, THE, THE LAND HAS NO USEFUL PURPOSE WHEN IT, PARTICULARLY IF IT'S LANDLOCKED, NO ONE CAN GET TO THE ALLEYWAY. AND LIKE MICHAEL SAID, THE THE POTENTIAL FOR LIABILITY FOR WHETHER IT'S A VEGETATION, WHETHER IT'S, UH, LIKE IN DALLAS, PEOPLE WALK DOWN ALLEYWAYS AND BREAK INTO HOUSES. THERE'S JUST, THERE ARE A LOT OF OTHER ISSUES. SO STATE LAW DOES RECOGNIZE THIS AS KIND OF AN EXCEPTION TO THE NORMAL FAIR MARKET [01:20:01] VALUE. AND, AND, UM, SOMEONE GENERALLY NEEDS TO OVERSEE THE, THE SURVEYING BECAUSE LOTS WILL BE BE CREATED BASED ON THOSE SURVEYS AND, AND YOU WANT TO HAVE PEOPLE BEING CORRECT IN THEIR SURVEYS. AND IT DOESN'T HAPPEN WHEN YOU HAVE MULTIPLE SURVEYORS DOING IT BECAUSE YOU GET INTO DISCUSSION. WHERE IS THAT DIVISION THAT LOT, THAT DIVIDING LINE BETWEEN THE BACK OF MY LOT AND THE BACK OF YOUR LOT. ANYTHING ELSE? ANY OTHER DISCUSSION ON THAT ITEM? I GUESS JUST THAT WE KIND OF HAVE A BASELINE HERE THAT IF IT'S CITIZEN INITIATED AND COUNCILMAN SMITH, I THINK THIS IS WHERE YOU'RE GOING WITH IT. AT A MINIMUM IF IT'S CITIZEN INITIATED, WE SHOULDN'T BE ON THE HOOK FOR IT UNLESS WE AGREE TO BE ON THE HOOK FOR IT. IS THAT CORRECT? CORRECT. AND I'M GOOD WITH THAT TOO, SO, OKAY. DO YOU HAVE A MOTION? I'LL MOVE TO APPROVE THE ORDINANCE FOR THE ALLEY ABANDONMENT BETWEEN EAST ROSS STREET AND PENN STREET AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. [17. Consider authorizing the petition to abandon portion of University St Right-of-Way] NEXT ITEM. CONSIDER AUTHORIZING THE PETITION TO ABANDON PORTION OF UNIVERSITY STREET. RIGHT OF WAY, JAMES. THANK YOU MAYOR. COUNSEL, UH, THIS ITEMS CONSIDER ABANDONING THE, UH, PORTION OF UNIVERSITY AVENUE RIGHT OF WAY. AND SO THIS WAS REQUEST FROM THE PROPERTY OWNERS. SO JIMMY PORCH AND, UH, MR. GLOCK, UH, UH, MR. PORCH IS HERE TODAY. AND SO, UH, THIS RIGHT HERE IS A PORTION OF UNIVERSITY THAT IT GOES, THAT IS A DEAD END TO THE RAILROAD RIGHT OF WAY. UH, THERE IS NO CROSSING, UH, TO THE SOUTH OF THE RAILROAD RIGHT OF WAY. UH, AND SO BASICALLY THIS, UH, IS UH, ALSO A PIECE OF, UH, RIGHT OF WAY THAT SERVES NO PURPOSE, PUBLIC PURPOSE HERE AS WELL. AND SO IN THIS CASE RIGHT HERE, IT, THE ALLEY WILL BE SPLIT HALFWAY FOR MR. GARLOCK AND MR. PORCH, UH, PROPERTIES. AND THERE IS A POWER LINE IN THAT, UH, ALLEY. AND WE WILL BE PUTTING A UTILITY EASEMENT, UH, THAT WILL COVER THAT, UH, SO THAT THE FRANCHISE UTILITY COMPANIES CAN CONTINUE TO USE THAT, UH, POWER LINE, UH, THROUGH THEIR PROPERTY. AND, UH, THIS IS, THERE'S NO IMPACTS TO FISCALLY TO THE CITY. WE DON'T HAVE TO PAY FOR ANYTHING. THIS WILL BE PAID BY THE PROPERTY OWNERS. THANK YOU VERY MUCH. THANK YOU. ANY DISCUSSION COUNSEL? I'D JUST LIKE TO MENTION TO THE REST OF COUNSEL THAT I ASKED TERRY TO MAKE SURE THAT ON THIS ITEM, BECAUSE Y'ALL KNOW I WORK WITH MR. PORCH, THAT WHETHER I SHOULD BE INVOLVED IN IT OR NOT AND HE SITS IT HAS NO REAL VALUE AND NOTHING THAT COMES TO ME THAT I SH SHOULD STILL VOTE. SO OKAY, I'LL ENTERTAIN A MOTION. I MOVE TO APPROVE THE ORDINANCE ABANDONING THE UNIVERSITY AVENUE RIGHT AWAY ALONG 1201 WEST MARVIN AVENUE AND 1119 WEST MARVIN AVENUE PROPERTIES AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. NEXT ITEM, [18. Consider Parkhill Fuel Farm Engineering Agreement for Mid-Way Regional Airport selffueling station] CONSIDER PARK KILL FUEL FARM ENGINEERING AGREEMENT FOR MIDWAY REGIONAL AIRPORT SELF FUELING STATION. DUSTIN MAYOR, COUNCIL MEMBERS, UH, MY NAME IS DUSTIN DILL. I'M THE SENIOR DIRECTOR OF ADMINISTRATIVE SERVICES FOR THE CITY OF WAXAHACHIE. AND THE ITEM THAT YOU HAVE BEFORE YOU HERE TONIGHT, UH, IS A REQUEST TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PARK HILL FOR $144,652 TO PROVIDE ENGINEERING SERVICES FOR A FUEL FARM PROJECT AT THE MIDWAY REGIONAL AIRPORT. THE PROJECT WILL ULTIMATELY RESULT IN THE CONSTRUCTION OF NEW SELF-SERVICE FUELING TANKS FOR BOTH AVGAS AND JET FUEL. UNDER THE, UH, UNDER THIS AGREEMENT, PARK HILL'S ROLE IS LIMITED TO THE DESIGN AND THE PRE-CONSTRUCTION PHASE. THEIR SCOPE INCLUDES ENGINEERING, ENVIRONMENTAL DOCUMENTATION AND SUPPORT THROUGH THE BIDDING PROCESS, CONSTRUCTION AND INSTALLATION OF THE FUEL, UH, FOR THE FUEL FARM OR THE FUEL SYSTEM WILL TAKE PLACE IN A FUTURE PHASE. THIS IS, UH, THIS IS AN APPROVED CAPITAL IMPROVEMENT PROJECT FUNDED THROUGH A 90 10 FAA GRANT UNDER THE 2022 INFORMATION, I'M SORRY, INFRASTRUCTURE INVESTMENT AND JOBS ACT. THE AIRPORT FUND WILL INITIALLY COVER THE FULL COST OF THE PROJECT. UM, HOWEVER A 90%, 90% OF THAT UPON COMPLETION WILL BE [01:25:01] REIMBURSED BY THE FAA. THE REMAINING 10% WILL BE FUNDED THROUGH THE AIRPORT AFTER ITS COMPLETION. THE MIDLOTHIAN CITY COUNCIL UNANIMOUSLY APPROVE THIS AGREEMENT ON MAY 13TH. AND WITH THAT I'M HERE TO ANSWER ANY QUESTIONS. THANK YOU DUSTIN. ANY DISCUSSION? COUNSEL? ONLY QUESTION I HAVE IS THAT, OR NOT EVEN QUESTION, BUT JUST THE CLARIFICATION THAT THIS IS NOT COMING FROM THE GENERAL FUND, IT'S FROM THE AIRPORT FUND. SO WE'RE NOT SPLITTING THIS COST 50 50 WITH MID-LOW THAT THE AIRPORT FUND HAS THE FUND BALANCE TO PAY FOR IT. YES SIR. IT'LL BE FULLY FUNDED, UM, FOR THE INITIAL, UH, PROJECT IN THE AIRPORT FUND AND THEN IT WILL, UH, BE REIMBURSED BACK WHERE ONLY 10% COMES OUT OF THAT. SO IT'S ALL OUTTA THE AIRPORT FUND. THANK YOU SIR. I GUESS I DO HAVE ONE QUESTION. YES SIR. ARE WE SURE THIS GRANT MONEY IS SAFE? MONEY? AND THAT WAS WHAT I WAS GONNA DO. WE HAVE A TIMING ON WHEN IT WILL BE. I MEAN, IS IT MONEY THAT'S ALREADY SOMEWHERE THAT SOME, THEY'RE NOT GONNA CHANGE THEIR MIND AND SAY WE WANT IT BACK. SO IF WE GET THIS, UH, APPROVED TODAY AND WE'RE HOPING TO HAVE A CITY MANAGER SIGN THIS TOMORROW AND WE WILL BE SUBMITTING IT TO TDOT TO GET OUR GRANT LETTER. OKAY. UM, SO, UH, I THINK IT'S AS SAFE AS WE CAN GUARANTEE. THANK YOU. BUT WE DON'T HAVE ANY IDEA ON WHEN WE WILL BE REIMBURSED. UH, IT'S PRETTY QUICK UPON COMPLETION. OKAY. IT'S PRETTY QUICK IN THE AGREEMENT OR THE GRANT? I MEAN, IS THERE SOMETHING THAT SAYS WITHIN 30 DAYS OF COMPLETION OR SOMETHING ALONG THOSE LINES? I'LL HAVE TO, I'LL HAVE TO REVIEW THE ACTUAL GRANT AWARD. I'M, I'M PRETTY, UH, COUNCILMAN SEGER. I'M, I'M PRETTY SURE THAT WE, WE GET THOSE FUNDS EXPEDITED. WELL AS A LAWYER, PRETTY SURE THEY'LL CUT IT WITH ME, I'LL APPROVE IT. BUT ON SOMETHING LIKE THAT, WHEN WE HAVE GRANTS, NO MATTER WHAT IT'S COMING FOR, WHERE WE HAVE A REIMBURSEMENT, I THINK THAT WE NEED TO BE PREPARED TO KNOW WHAT THE ACTUAL, UM, TERMS OF THE GRANT PROGRAM ARE. UM, I KNOW THAT PROBABLY SHOULD HAPPEN, BUT AGAIN, PRETTY SURE IT DON'T CUT IT WITH ME. WHO'S GRANT WRITER'S WRITING THE GRANT APPLICATION? SO ACTUALLY I THINK CHARLOTTE INTERNALLY HAS APPLIED FOR THIS APPLICATION. UM, SO THAT'S GONNA BE WITH THE AIRPORT, BUT CITY OF WAXAHATCHEE CHARLOTTE, WOULD YOU LIKE TO, TO COME UP AND MAYBE ANSWER UH, COUNCILMAN SUITER'S CONCERN? YES SIR. THE GRANT IS THROUGH THE FA AND AFTER 30 DAYS OF SUBMITTAL, WE SHOULD RECEIVE OUR PAYMENT FROM TDOT 'CAUSE THEY HAVE THEIR 30 DAY TIMEFRAME THAT THEY HAVE TO PAY WHEN WE SUBMIT. SO THAT'S, THAT'S ALL I NEEDED RIGHT THERE. YES. AND AS FAR AS THE UM, THE GRANT, IT IS AN FAA GRANT. IT WAS WRITTEN. ALL WE HAVE TO DO IS FILL IN THE BLANKS, TEXT.REVIEWS IT TO MAKE SURE IT'S CORRECT. WE SEND IT OFF AND WE'RE GOOD. I WAS ONLY ASKING 'CAUSE WE SET ASIDE FUNDING IN THE BUDGET LAST YEAR FOR GRANT WRITING SERVICES, SO I WAS SEEING IF THOSE WERE BEING USED OR NOT, BUT THOSE ARE, THAT'S THERE. SO I DON'T THINK I'M OUT OF LINE IN SAYING IF YOU FIND OTHER GRANTS THAT WE CAN, WE HAVE BUDGETED FOR THAT. THANK YOU CHARLOTTE. ALL RIGHT. IF THERE'S NO OTHER DISCUSSION, I'LL ACCEPT A MOTION. MADAM MAYOR, I MOVE TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PARK HILL IN THE AMOUNT OF $144,652 FOR ENGINEERING SERVICES RELATED TO THE MIDWAY REGIONAL AIRPORT FUEL FARM PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. YOU HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. THE NEXT ITEM IS TO CONVENE INTO EXECUTIVE SESSION. UH, BUT BEFORE WE DO THAT, [21. Comments by Mayor, City Council, City Attorney and City Manager ] I THINK WE'LL DO THE COMMENTS BY MAYOR, CITY COUNCIL, CITY ATTORNEY AND CITY MANAGER. CAN WE START TO THE LEFT DOWN THERE? TRENTON, DO Y'ALL HAVE ANYTHING DOWN ON THAT END? ALBERT? I DON'T HAVE ANYTHING. COUNCILMAN SMITH? NO MA'AM. COUNCILMAN ATKINS. MICHAEL, I JUST WANNA WISH, UH, COUNCILMAN TRACE ATKINS HAPPY BIRTHDAY TODAY. ? YEP. YOU STOLE MY THUNDER, MIKE. OH, HE THOUGHT HE WAS GONNA GET AWAY WITHOUT IT BEING MENTIONED, SO HEY, THAT'S DEDICATION. I KNOW YOU COULD BE ANYWHERE THAN HERE, SO THANK YOU. MIN, BUT THERE'S NO CAKE, SO. OH, YOU GAVE HIM A MINT. HAPPY BIRTHDAY. IT WAS JUST WILD. YEAH. , MY MOTHER'S MAKING ME A HOMEMADE ITALIAN CREAM, SO, OKAY, SO TELL ME WHEN IT GETS DELIVERED. WE'LL SWING BY, WE ALL KNOW WHERE YOU LIVE. TERRY? NOTHING. MADAM MAYOR. COUNCILMAN [01:30:01] RIDE? YES. I'D LIKE TO THANK THE POLICE DEPARTMENT, THE FIRE DEPARTMENT, AND THE CITY DEPARTMENTS THAT SHOWED UP YESTERDAY AT FIVE 30 IN THE MORNING AT THE, THE ACT, THE BUILDING. THAT PART OF IT FELL DOWN ON MONROE AND MAIN STREET. I APPRECIATE THAT YOU GUYS WERE OUT THERE AT 5, 5 30 IN THE MORNING. I DON'T KNOW WHAT THE WEATHER WAS LIKE. I WAS IN MISSISSIPPI AND IN LOUISIANA, BUT I APPRECIATE THE FACT THAT YOU GUYS GOT THAT TAKEN CARE OF SAFELY AND AS QUICKLY AS POSSIBLE AS YOU COULD. NOW, IF WE CAN JUST GET OUR LANDLORD THAT OWNS THE BUILDING TO DO HIS PART, WE'LL BE DOING WELL. UM, AND MR. SCOTT, THANK YOU VERY MUCH. I'M SORRY TO BOTHER YOU ON A SUNDAY IN CALLING YOU. I APPRECIATE THE FACT THAT YOU ALWAYS ANSWER THE PHONE WHEN I CALL YOU ON A OFF DAY OR ON A WEEKEND OR SOMETHING LIKE THAT. UH, I REALLY DO APPRECIATE IT. THANK YOU MAYOR PRO TEM SUITER. JUST ONE QUICK THING. UM, I JUST WANT TO THANK, UM, OUR OFFICERS BOTH, UH, THE POLICE AND AND FIRE DEPARTMENT AND, AND THE OTHERS AROUND ELLIS COUNTY THAT PARTICIPATED IN THE FALLEN OFFICERS, UH, MEMORIAL CEREMONY THAT WAS HELD DOWNTOWN, UH, THIS PAST FRIDAY. UM, CHIEF, Y'ALL DID A GREAT JOB. I JUST, I MEAN, BLEW ME AWAY. AND I KNOW THAT YOU HAD MENLO ENNI AND ALL AND SHERIFF'S DEPARTMENT AND ALL OF THAT PARTICIPATING IN IT, BUT IT WAS REALLY A GREAT PROGRAM. WE HAD FAMILY MEMBERS OF FALLEN OFFICERS, UM, UH, AND I THANK YOU FOR ALLOWING ME TO, TO GIVE THE, THE, THE SPEECH AT TOO. UM, THERE WERE PEOPLE, UH, UH, THERE WERE PEOPLE THAT THERE THAT, WHETHER THEY WERE RELATED OR NOT, I THINK THAT THEY WERE IN TEARS OR AT LEAST CLOSE TO TEARS AND I KNOW I WAS TOO. SO CHIEF, THANKS AND PASS THAT ALONG TO ALL THE OTHER, UH, AGENCIES IN THE COUNTY THAT, UH, THANK THEM FOR ALLOWING ME TO DO THAT. THANK YOU VERY MUCH. UH, HAPPY BIRTHDAY TRACE. UM, HOPE YOU HAVE A, A, UH, WONDERFUL BLESSED YEAR AHEAD. AND, UH, I WANNA APOLOGIZE, CHIEF, I MISSED SOME ACTIVITIES. UM, I HAD TO GO DOWN TO AUSTIN AND INSTRUCT A COURSE DOWN THERE, AND THEN I WAS IN SOME TML TRAINING, SO, UH, I MISSED THE, THE, UH, OFFICER'S, UM, EVENT AND THEN THE, UH, THE RETIREMENT POLICE OFFICER EVENT AT THE PD. SO I APOLOGIZE FOR THAT, BUT I PROMISE I WASN'T I A BEACH SOMEWHERE HAVING A COLD ONE. OKAY. , WE'LL DO IT AGAIN. THAT'S RIGHT. AND WITH, WITH THAT, THANK YOU ALL FOR BEING [19. Convene into Executive Session to consult with City Attorney about pending or contemplated litigation as permitted by Section 551.071 of the Texas Government Code] HERE AND WE WILL CONVENE INTO, UH, EXECUTIVE SESSION. OKAY. BACK [20. Reconvene and take any necessary action] IN SESSION AT 8 55. DO WE HAVE A MOTION? MADAM MAYOR, I'M, I MOVE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT AND RELEASE AND ALL OTHER RELATED AND PERTINENT DOCUMENTATION. AND CIVIL ACTION NUMBER 3 24 CV 0 1 0 4 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES. THANK YOU COUNSEL. AND THAT CONCLUDES OUR MEETING AT 8 56. THANK YOU, COUNSEL. THANK YOU ALL. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.