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[1. Call to Order]

[00:00:07]

GOOD EVENING.

WE'LL GO AHEAD AND GET STARTED.

IT'S ABOUT 7 0 1.

WE HAVE A, A LARGE AGENDA TONIGHT, SO WE MAY, UH, STILL HAVE SOME PEOPLE COMING IN.

AND, UM, I APPRECIATE ALL OF YOU BEING HERE.

UH, I AM MAYOR BILLY WALLACE, AND SOME OF YOU MAY HAVE SOMETHING ON THE AGENDA OR SOMETHING THAT, UH, YOU'RE PASSIONATE ABOUT, BUT EITHER WAY, THANK YOU FOR BEING HERE.

I LIKE TO SEE, I LIKE TO SEE THIS SPACE FULL.

UM, SO THANK YOU FOR THAT.

UM, WITH THAT, UM, IF YOU WOULD STAND FOR THE IMPLICATION, PLEASE JOIN ME WITH ME.

GO TO LORD IN PRAYER.

YOUR LORD, THANK YOU FOR THIS EVENING THAT YOU'VE PROVIDED FOR US.

THANK YOU FOR THIS FREE COUNTRY THAT WE CAN GATHER TOGETHER AND CONDUCT BUSINESS OF THIS CITY.

JUST ASK THAT YOU WATCH OVER THE PROCEEDINGS HERE THE NIGHT.

UH, LET US SPEAK OPENLY AND HONESTLY AND SHARE OUR OWN OPINIONS, BUT WALK AWAY, UH, RESPECTING THE OPINIONS OF OTHERS.

UH, WE COME TO YOU THIS EVENING THANKING YOU, MOST OF ALL FOR OUR, YOUR SON, OUR LORD, AND SAVIOR JESUS CHRIST, AND PROVIDING US A WAY TO BE ABLE TO HAVE ETERNAL LIFE WITH YOU.

CHRIST'S NAME WE PRAY.

AMEN.

AMEN.

THANK YOU.

IF YOU WOULD JOIN US IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE.

FOR ALL HONOR, HONOR THE TEXAS FLAG.

I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD.

THANK YOU.

MAY BE SEATED.

[4. Announcements/Presentations]

THAT BRINGS US TO ITEM NUMBER FOUR.

INTRODUCE HONORARY COUNCIL MEMBER.

COUNCIL MEMBER TRACE ATKINS TO INTRODUCE OUR HONORARY COUNCIL MEMBER FOR THIS MONTH.

THANK YOU, MADAM MAYOR OCTOBER'S HONORARY COUNCIL MEMBER IS MISSY PHILLIPS.

UM, THIS IS QUITE LENGTHY, SO BEAR WITH ME.

UM, THIS OCTOBER, WE ARE PROUD TO HONOR MISSY PHILLIPS AS OUR HONORARY COUNCIL MEMBER, A PASSIONATE SERVANT LEADER WHOSE DEDICATION TO THE WAXAHATCHEE COMMUNITY SPANS DECADES.

MISSY HAS GENEROUSLY SERVED ON NUMEROUS BOARDS, INCLUDING THE WAXAHATCHEE SENIOR CITIZEN CENTER, WHERE SHE HELD POSITIONS AS SECRETARY AND PRESIDENT, THE WAXAHATCHEE JUNIOR SERVICE LEAGUE, THESAL, AND THE SALVATION ARMY, WHERE SHE DEVOTED OVER 22 YEARS SERVING, SERVING BOTH AS SECRETARY AND PRESIDENT.

SHE ALSO CONTRIBUTES HER LEADERSHIP TO CAMPFIRE CREEK THERAPEUTIC RIDING CENTER, WHERE SHE CURRENTLY SERVES AS BOARD CHAIR.

HER PAST INVOLVEMENT ALSO INCLUDES KEY ROLES WITH THE MIRACLE LEAGUE, WMAN, PTO, WEDGWORTH, PTO, AND THE CREEK MYRTLE COUNCIL.

HER VOLUNTEER FOOTPRINT IS EQUALLY IMPRESSIVE.

MISSY HAS DEDICATED HER TIME AND ENERGY TO ORGANIZATIONS AND EVENTS, INCLUDING WAXAHATCHEE, YOUTH BASEBALL, RBI CLUB, RICHARDS PARK CONCESSIONS, WAXAHATCHEE CHAMBER OF COMMERCE, YMCA FUNDRAISING CAMPAIGN, BOYS AND GIRLS CLUB, SALVATION ARMY KETTLE CAMPAIGN.

DEAR DAY PARTNERS IN EDUCATION, HABITAT FOR HUMANITY AND LEADERSHIP, WAXAHATCHEE OF WHICH SHE IS A PROUD GRADUATE.

SHE HAS CHAIRED OR CO-CHAIRED SEVERAL ICONIC LOCAL EVENTS, INCLUDING THE GINGERBREAD TRAIL, WAXAHATCHEE CHAMBER BANQUET, CANDLELIGHT TOUR, DAVID REEM, MEMORIAL GOLF TOURNAMENT, WAXAHATCHEE MINI GRAND PRIX, AND THE CRATE MURDER FESTIVAL.

MISSY'S SERVICE HAS BEEN RECOGNIZED WITH NUMEROUS ACCOLADES INCLUDING LEADERSHIP, WAXAHATCHEE AWARD, YMC, A FUNDRAISING VOLUNTEER OF THE YEAR, BOYS AND GIRLS CLUB, VOLUNTEER OF THE YEAR, SALVATION ARMY, VOLUNTEER OF THE YEAR, AND THE WJSL SUSTAINER OF THE YEAR.

I'M ASSUMING THAT'S JUNIOR SERVICE LEAGUE MISSY'S LIFETIME COM.

LIFELONG COMMITMENT TO UPLIFTING OTHERS AND BUILDING A STRONGER COMMUNITY AS AN INSPIRATION TO ALL.

WE ARE GRATEFUL FOR HER TIRELESS DEDICATION AND ARE HONORED TO RECOGNIZE HER THIS MONTH.

VERY GOOD, THANK YOU VERY MUCH.

THAT BRINGS US TO ITEM, UH, FOUR BA PROCLAMATION.

UH, WHEREAS

[00:05:01]

ON OCTOBER 7TH, 2023, HAMAS, A US DESIGNATED FOREIGN TERRORIST ORGANIZATION AND APPROXIMATELY A PROXY OF THE ISLAMIC REPUBLIC OF IRAN, A LAUNCHED AN UNPROVOKED TERRORIST ATTACK AND INVADED SOUTHERN ISRAEL AND BRUTALLY AND INDISCRIMINATELY, TOOK THE LIVES OF NEARLY 1200 MEN, WOMEN, AND CHILDREN, WHILE KIDNAPPING 250 MORE INCLUDING AMERICAN CITIZENS.

WHEREAS THE OCTOBER 7TH MASSACRE MARKED THE WORST ACT OF VIOLENCE TARGETING JEWS SINCE THE HOLY CO HOLY COST.

SINCE JEWISH COMMUNITIES WORLDWIDE IN GRIEF AND DEEPLY TRAUMATIZED AND TRIGGERED A GLOBAL WAR OR WAVE OF ANTISEMITISM UNPRECEDENTED IN THE POST WORLD, WORLD, WORLD WAR II ERA.

AND WHEREAS ANTISEMITISM IS NOT ONLY A DANGER TO JEWISH COMMUNITIES, BUT A CORROSIVE FORCE THAT UNDERMINES THE SOCIAL FABRIC OF DEMOCRATIC SOCIETIES.

AND WHEREAS REJECTS ANTISEMITISM IN ALL FORMS OF HATRED, BIGOTRY, AND EXTREMISM, AND AFFIRMS SAFETY, DIGNITY, AND EQUAL PROTECTION FOR ALL WHO CALL OUR CITY HOME NOW, THEREFORE, OUR BILLY WALLACE MAYOR, CITY OF WAXAHATCHEE, ALONG WITH THE ENTIRE CITY COUNCIL, DO HERE BY HEREBY PROCLAIM OCTOBER 7TH, 2025 AS MUNICIPAL DAY OF REMEMBRANCE AND COMMUNITY RESILIENCE.

ON THIS DAY, REMEMBER, WE REMEMBER THE LIVES TAKEN ON OCTOBER 7TH CALL FOR THE IMMEDIATE RETURN OF ALL THE HOSTAGES STILL HA HELD BY HAMAS.

STAND IN SOLIDARITY WITH OUR JEWISH NEIGHBORS AND UNCONDITIONALLY CONDEMN ANTISEMITISM AND ALL ITS CONTEMPORARY FORMS ALONG WITH EVERY EXP EXPRESS EXPRESSION OF HATRED AND BIGOTRY.

WE, WE REAFFIRM OUR CITY'S UNWAVERING COMMITMENT TO SAFEGUARD THE SAFETY, DIGNITY, AND EQUAL RIGHTS OF EVERY RESIDENT.

PROCLAIM THE SIXTH DAY OF OCTOBER, 2025.

[5. Public Comments]

AND WITH THAT, THAT BRINGS US, UM, TO NUMBER FIVE, 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 THIS TIME, UH, I WOULD ENCOURAGE YOU, IF YOU'RE HERE FOR AN AGENDA ITEM, THERE WILL BE A TIME FOR YOU TO SPEAK ON THAT ITEM.

UM, BUT CERTAINLY YOU'RE FREELY TO SPEAK DURING THIS TIME AS WELL.

BUT IF YOU'D LIKE TO SPEAK, THEN PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY SPEAKING.

MADAM MAYOR, COUNCIL MEMBERS AND STAFF MEMBERS, UH, I'VE GOT SOMETHING THAT IS NOT ON THE AGENDA, SO I'M GONNA DO IT QUICKLY AND GET OUTTA YOUR AIR.

AND I BROUGHT, UH, A WHOLE BOOK OF THINGS TO TALK ABOUT, BUT THERE'S A LOT OF OTHER THINGS GOING ON TONIGHT, SO I'M GONNA GIVE IT, KEEP IT REALLY, REALLY SHORT.

UH, I MISSED THE COUNCIL MEETINGS THAT I NEEDED TO SPEAK AT BY TWO, UH, COPPER ALUMINUM PRODUCTS YOU, UH, HAD ALLOWED AND THEN, AND THEN RESCINDED THAT ALLOWANCE.

AND I'M HERE FOR TWO REASONS.

ONE, TO APOLOGIZE FOR US NOT DOING A BETTER JOB OF EXPLAINING TO YOU WHAT THAT PRODUCT IS.

UH, AT THE LAST MEETING, THERE WERE A LOT OF COMMENTS MADE THAT ARE, UH, JUST COMPLETELY INACCURATE.

SO I'M NOT GONNA STAND UP HERE TONIGHT AND TALK ABOUT THE MELTING POINT OF ALUMINUM OR OXIDATION VERSUS GALVANIC CORROSION OR CALCULATIONS OF HOW ALL THAT HAPPENS.

UH, I'M JUST GONNA APOLOGIZE FOR US NOT GETTING THAT INFORMATION BETTER TO YOUR BUILDING SERVICES DEPARTMENT.

WE'RE GONNA MAKE EVERY EFFORT TO DO THAT NOW, SO WE'RE NOT GOING AWAY.

UH, UH, ALSO, I WANT TO ASK YOU IF WE CAN, AND I KNOW YOU CAN'T ANSWER THAT TONIGHT, BUT WE'D LIKE TO BE ON A, MAYBE A WORKSHOP MEETING OR SOMETHING, BECAUSE IT'S OBVIOUS THERE WAS SOME KIND OF A DISCONNECT BETWEEN THE INFORMATION WE PROVIDED AND THE INFORMATION THAT, THAT, UH, YOU GOT OR, OR, OR LOOKED UP YOURSELVES OR HOWEVER THAT WORKED.

SO THAT'S ALL I'M GONNA TALK ABOUT.

AGAIN, I'VE JUST, UH, BY THE WAY, I'M NOT, UH, CRITICIZING YOUR BUILDING DEPARTMENT AT ALL.

I TRAVEL ALL OVER THE UNITED STATES DOING THIS, AND THEY'RE ALL OVERWORKED AND UNDERPAID AND IT'S A VERY DIFFICULT JOB, AND THERE'S NEW THINGS COMING OUT ALL THE TIME, SO IT'S VERY DIFFICULT FOR THEM TO KEEP UP WITH IT.

WE UNDERSTAND THAT.

SO IT'S, IT'S ON US THAT WE DIDN'T MAKE A BETTER PRESENTATION TO THEM, AND WE'RE GONNA REDOUBLE OUR EFFORTS ON THAT.

AND

[00:10:01]

SO HOPEFULLY AT SOME POINT IN THE NEAR FUTURE, WE'LL BE COMING BACK AND WE'LL MAKE THOSE MEETINGS.

OKAY.

THANK YOU.

MY, MY APOLOGIES.

DID YOU GIVE YOUR NAME AND ADDRESS? I MAY NOT HAVE.

TERRY BADER.

OKAY.

B-A-D-E-R.

I LIVE AT TWO 19 BLACK BEAR TRAIL IN MURFREESBORO, TENNESSEE.

OKAY.

THANK YOU.

I WASN'T SURE IF THAT WAS ME MISSING IT.

IT WASN'T.

I ACTUALLY, AMBER HAS ALL MY INFORMATION TOO, SO.

PERFECT.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU ALL.

ANYONE ELSE WOULD LIKE TO SPEAK DURING PUBLIC COMMENTS? MAD MAYOR, COUNCIL MEMBERS.

MY NAME'S ERIC KENT.

WELL, I LIVE AT 4 2 1 DR. MARTIN LUTHER KING, JR.

BOULEVARD.

UM, IN 2004, I GRADUATED HIGH SCHOOL AND WENT INTO THE ARMY.

I GOT OUT IN 2005, DEALT WITH PTSD, UM, AND I STARTED DRINKING HEAVILY.

I STOPPED DRINKING AUGUST 18TH OF LAST YEAR TO DEAL WITH MY PTSD.

AND ONCE THE ASSASSINATION OF CHARLIE KIRK HAPPENED, MY PAT MY PATRIOTISM CAME BACK FOR THIS COUNTRY.

UM, MY GOAL IS TO BE ABLE TO WORK WITH EACH AND EVERY ONE OF Y'ALL TO START OUT WITH THE CITY LEVEL AND WORK MY WAY UP TO CONGRESS AND SENATE.

BRING HIM BACK THE PATRIOTISM WITH ONE PERSON AT A TIME, ONE CITY AT A TIME.

THANK YOU.

ANYONE ELSE? PLEASE COME TO THE PODIUM.

I AM IN FOX 3 27 UNIVERSITY, MY FAIR CITY RATCH.

UH, ITEM H ON THE CONSENT AGENDA, I THINK, UH, PLEASANT LEE WE'RE HAVING THE CITY'S BUSINESS HANDLED BY SOMEBODY WHO, OR AN ENTITY THAT ATE, PUT IT OUT THERE FOR ALL THE PEOPLE OF ROCK, THE HATCHERY.

OKAY? THEY NO LONGER HAVE A PRODUCT.

12% OF THE PEOPLE IN ROCK THE HATCHERY RIGHT NOW ARE OVER 60 YEARS OLD.

MOST OF THOSE PEOPLE ARE ANALYZED AS MYSELF.

NOW, FOR THEM TO CONVERT TO A DIGITAL FORMAT IS OFTEN DIFFICULT FOR A LOT OF PEOPLE.

AS MY AGE AND KNOW, A NEWSPAPER IN IS DELIVERED TO MY HOUSE.

I DON'T HAVE TO GO MY MOM, I DON'T TRY TO FIGURE OUT HOW TO GET TO THE CITY'S BUSINESS.

I DON'T HAVE TO GO THROUGH A PAYROLL.

SO I RECOMMEND THAT THIS COUNCIL ON THAT, UH, AGENDA, I SUPPORT THEM.

PUTTING IT BACK IN A VENUE, BACK IN A FORM OF COMMUNICATION THAT HAS ACCESS OR IS ACCESSIBLE TO OWN THE, THE PEOPLE OR THE LAW SAYS YOU HAVE TO PUT IT IN A PAPER.

YOU HAVE TO HAVE A PAPER OF RECORDS.

I WOULD SUGGEST THE CITY COUNCIL ENTERTAIN POSSIBLY LOBBYING THE LEGISLATURE, HAVING THEM PASS A LAW OR TO WHERE THE CITY'S BUSINESS CAN BE HANDLED ONLINE BY THE CITY.

LET'S DO IT IN HALF.

YOU HAVE A CITY WEBSITE WITH INFORMATION, BUT YOU GOTTA GO INTO ANOTHER WEBSITE TO GET THE OFFICIAL, THE CITY'S VISIT, THE LEGAL NURSE KIND OF THINGS.

A LITTLE

[00:15:01]

REDUNDANT TO ME.

LET'S WITH THE TIME, LET'S MOVE IT IN THE MEANTIME.

LET'S KEEP IT OUT THERE FOR ALL THE PEOPLE OF WAXAHATCHEE, NOT JUST SOME OF US.

IT'S SOMETHING YOU DON'T HAVE TO GO TO ANOTHER PERSON'S FILTER TO GET TO THE INFORMATION THAT WANTING TO HAVE.

THANK YOU FOR YOUR THAT.

THANK YOU.

ANYONE ELSE DURING PUBLIC COMMENTS? OKAY, SEEING NONE WILL CLOSE THE PUBLIC COMMENTS.

[6. Consent Agenda]

THAT BRINGS US TO ITEM NUMBER SIX, THE CONSENT AGENDA.

ALL MATTERS LISTED UNDER ITEM SIX.

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.

THIS WILL BE A THROUGH S MADAM MAYOR, I MOVE TO REMOVE MATTER H FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION.

OKAY? OKAY.

OKAY.

WE HAVE A REQUEST TO MOVE, UH, ITEM H UH, FROM THE CONSENT AGENDA, WHICH LEAVES, UH, A THROUGH S WITH THE EXCEPTION OF H COUNSEL, DO WE HAVE A MOTION, UH, FOR THE OTHER ITEMS DISCUSSION? YEAH, IF WE HAVE A SECOND, THEN I'LL TAKE THAT TO REMOVE ITEM H.

YOU DON'T NEED A SECOND TO NO.

ANY MEMBER OF THE BODY.

OKAY.

SO WE JUST NEED A MOTION TO APPROVE ALL, ALL THE REST.

YEP.

MAYOR, I MOVE TO APPROVE ALL ITEMS EXCEPT ITEM H ON THE CONSENT AGENDA AS PRESENTED AND AUTHORIZED THE INTERIM CITY MANAGER AND OR MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS.

WE HAVE A MOTION TO APPROVE.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU, COUNSEL.

OKAY,

[6.h. Resolution designating an official newspaper and an alternate advertising source for the City of Waxahachie for Fiscal Year 25-26]

ITEM H IS UP FOR DISCUSSION BY COUNSEL.

I'LL, I'LL GO AHEAD AND START IT SINCE I REMOVED IT AND WELCOME ANY FOLLOW UP COMMENTS.

UM, I, WHEN SEEING THAT THIS WAS, UH, IDEA OF MOVING THE, UH, OFFICIAL NEWSPAPER HAD, UM, SEVERAL QUESTIONS AS IT RELATES TO, UM, ONE, DO WE HAVE A CONTRACT THAT WE CAN GET OUT OF TWO, WHAT ARE THE COSTS ASSOCIATED WITH IT? UM, I HAVE PUBLIC AND SOME OTHER THINGS, BUT I PUBLICLY HAVE SAID THAT, UM, UNLESS THERE IS SOME LEGAL REASON OR BUSINESS REASON, I DON'T BELIEVE WE SHOULD, UH, MOVE AWAY FROM A HOMETOWN NEWSPAPER.

UM, I KNOW THAT THE DAILY LIGHT HAS BEEN MENTIONED TO FIND PUBLICATION.

UM, LOOKS LIKE CHRIS ROKER HERE DO A GREAT JOB AND, AND I COM ALWAYS COMMEND HIM ON THE EVEN REPORTING THERE.

UM, HOWEVER, I, WE, THERE'S BEEN MANY A TIMES THAT A MATTER HAS COME BEFORE THIS COUNCIL AND THERE'S BEEN PARTICULAR FOCUS ON WHETHER THE, THE PERSON THAT GETS THE CONTRACTOR, UM, UM, THAT WE CHOOSE TO DO BUSINESS WITH, WHETHER THEY ARE A RESIDENT OR DOMICILED IN THE CITY OF WAXAHATCHEE.

UM, HAD A BIG DISCUSSION ON THAT A MONTH AGO.

UM, I THINK THAT WHEN, AND HONESTLY WHEN YOU LOOK AT IT, IF YOU PULL UP THE WEBSITE FOR THE OWNER OF

[00:20:01]

THE DAILY LIGHT CHERRY ROAD MEDIA, THEY MAKE A PARTICULAR COMMENT OF HOW THEY HATE.

THEY, THEY, THEY STARTED THIS, GOT INTO THIS BECAUSE THEY HATED SEEING THE SMALL TOWN, LOCAL NEWSPAPER GOING AWAY.

UM, AND I JUST THINK THAT BASED UPON WHAT WE TRADITIONALLY HAVE LOOKED AT IN DECIDING CONTRACTS, I THINK THAT THE FACT THAT THE SUN IS HERE IS SOMETHING THAT FALLS IN LINE WITH ALL THE OTHER CONTRACTS THAT WE LOOK AT.

UM, AGAIN, I, I THINK THAT THE DAILY LIGHTS A, A, A GOOD NEWSPAPER AND HAVE ALWAYS FOUND THEIR REPORTING, UH, STRAIGHTFORWARD.

BUT AT THE SAME TIME, I THINK THAT WE OWE IT TO, UNLESS THERE IS SOME LEGAL REASON WHY OR FINANCIAL REASON WHY WE SHOULD CONSIDER MOVING, I WOULD OPPOSE MOVING IT FROM, UH, A LOCAL BUSINESS.

THAT'S IT.

THANK YOU, MADAM MAYOR, I CAN, I HAVE A FEW COMMENTS.

OKAY.

UM, PAT, I'M NOT GONNA BE THIS, DON'T TAKE ANYTHING THAT I'M GONNA SAY IS BEING, UM, ARGUMENTATIVE, UH, HAVING PREVIOUSLY SERVED AS THE MANAGING EDITOR OF THE TAYLOR LIGHT UNTIL 2018, UH, LATE IN 2018.

I'VE BEEN THROUGH THIS PROCESS A FEW TIMES ON THAT SIDE OF THINGS.

AND NOW ON THIS SIDE OF THINGS, UH, THIS IS, THIS IS TYPICALLY A, ALWAYS A CONSENT, A A CONSENT AGENDA.

THIS IS TYPICALLY HANDLED THROUGH A CONSENT AGENDA WITH EVERY CITY, EVERY COUNTY.

UM, AND IT'S DONE ON AN ANNUAL BASIS FOR WHATEVER REASON.

UH, THE CITY COUNCIL, UH, MY FIRST YEAR ON IN 2021 VOTED TO, TO DO A MULTI-YEAR AGREEMENT, WHICH STILL WE, YOU HAVE TO APPROVE EVERY YEAR, UM, WITH THE SUN.

I DON'T KNOW WHY.

IT HAD BEEN WITH THE DAILY LIGHT FOR OVER A HUNDRED YEARS.

UM, AND THEN THE SWITCH HAPPENED.

IT WAS UNJUSTIFIED THAT THE SWITCH HAPPENED BECAUSE THE ADVERTISING RATES FOR THE SUN WERE CHEAPER THAN THE DAILY LIGHT.

UM, WE NOW KNOW THAT THOSE ARE, THAT THAT'S A WASH.

UM, THAT DAILY LIGHT HAS MATCHED WHAT THE SUN OFFERED.

UM, NOT REALLY LEGALLY SUPPOSED TO BE ABLE TO NEGOTIATE THOSE RATES.

THEY'RE SUPPOSED TO PROVIDE THE LOWEST RATE THAT, THAT THEY HAVE, UM, FOR THEIR CLASSIFIEDS.

UM, SO THAT'S JUST KIND OF THAT, THAT'S, THAT IS WHAT IT IS.

BUT THEY HAVE DROPPED THOSE TWO SERVE US.

UM, AND AGAIN, THERE WAS NO REAL REASON FOR THE SWITCH IN THE FIRST PLACE.

THE DAILY LIGHT HAD PROVIDED SERVICES TO THE CITY FOR OVER A HUNDRED YEARS.

UM, SO WITH THAT SAID, UM, IN DOING SOME RESEARCH, AND I, I BELIEVE TERRY CAN CAN BACK ALL OF THIS NOW, UM, THERE WAS A TEXAS ATTORNEY GENERAL, UM, OPINION THAT WAS GIVEN JC DASH OH 2 2 3, YEAH, DASH OH 2 2 3.

UM, THAT ESSENTIALLY STATES THAT THOSE, THE TEXAS SUPREME COURT HAS NOT HEARD A CASE ON THIS.

THOSE IN IOWA AND NORTH CAROLINA HAVE, UM, AND THERE'S A FOUR PRONG TEST AND THE FOUR PRONG TEST.

AND THIS IS TO KEEP YOUR CITY, COUNTY, OR SCHOOL DISTRICT FROM BEING LIABLE FR FROM DISCRIMINATION.

UM, WHICH IS NOT BASED ON JUST RACE.

IT IS RACE GEOGRAPHICS, ALL OF THE THINGS.

UM, AND IT'S JUST TO PROMOTE A, TO PROMOTE A MORE INFORMED PUBLIC.

SO THE FIRST IS THAT IT MUST HAVE CONTENT THAT APPEALS, THAT APPEALS TO THE PUBLIC GENERALLY.

AND THIS IS FOR A PAPER TO BE A NEWSPAPER OF CIRCULATION OF GENERAL CIRCULATION, WHICH A PAPER OF GENERAL CIRCULATION AND THE OFFICIAL PAPER DON'T HAVE TO BE THE SAME THING.

HOWEVER, HAVING A PAPER THAT'S THE OFFICIAL PAPER BUT DOESN'T MEET THE, THE REQUIREMENTS ACKNOWLEDGED BY THE AG AS A PAPER OF GENERAL CIRCULATION WOULD PROBABLY NOT BE WISE.

NOT LEGAL ADVICE.

BUT I, AGAIN, I THINK TERRY CAN BACK THESE.

SO AT FIRST MUST HAVE A CONTENT THAT APPEALS TO THE PUBLIC.

GENERALLY, I THINK ALL FIVE OF THE NEWSPAPERS IN OUR COUNTY DO.

AND THAT BEING THE, IN ITS NEWS, THE ELLIS COUNTY PRESS, THE ACHI SUN, THE ACHI DAILY LIGHT, AND THE MIDLOTHIAN, THE MIDLOTHIAN MIRROR.

UM, SECOND, IT MUST HAVE MORE THAN A, UH, DE MINIMUS NUMBER OF ACTUAL PAID SUBSCRIBERS IN THE TAXING UNIT.

I THINK THAT TERM IS VERY IMPORTANT.

UH, THIRD, IT'S PAID SUBSCRIBER DISTRIBUTION MUST NOT BE ENTIRELY LIMITED

[00:25:01]

GEOGRAPHICALLY TO ONE COMMUNITY OR SECTION OF THE TAXING UNIT.

AND FOURTH, IT MUST BE AVAILABLE TO ANYONE IN THE TAXING UNIT WHO WISHES TO SUBSCRIBE TO IT.

IT GOES ON TO STATE THAT THE AG UH, THAT A TEXAS COURT WOULD ANALYZE THE ISSUE USING CRITERIA SIMILAR TO THOSE ADOPTED IN IOWA AND NORTH CAROLINA CASES.

SO IT WOULD USE THE FOUR PRONG TEST.

SO WHEN YOU APPLY THAT, UM, THE NUMBER OF SUBSCRIBERS THAT THE SUN HAS OR THE DAILY LIGHT HAS PICK ANY OF THEM, UM, IT'S KIND OF IRRELEVANT TO THIS CASE, BUT RELEVANT IN THE SENSE OF ARE ANY OF THEM TRYING TO GROW THEIR SUBSCRIBER BASE? THEIR, AND THIS IS AGAIN, YOUR PRINT NEWSPAPER SUBSCRIBER BASE.

FOUR OF THEM ARE, ONE IS NOT.

UM, THIRD, IT'S PAID SUBSCRIBER DISTRIBUTION MUST NOT BE ENTIRELY LIMITED GEOGRAPHICALLY TO ONE COMMUNITY OR SECTION OF THE TAXING UNIT.

I THINK THAT'S VERY IMPORTANT AND THEN MUST BE AVAILABLE TO ANYONE IN THE TAXING UNIT WHO WISHES TO SUBSCRIBE TO THIS.

AND MR. FOX TOUCHED ON THIS.

SO WHAT THAT'S SAYING TO ME IS THAT IF YOU'RE A SUBSCRIBER OF THE WAXAHATCHEE SUN, YOU HAVE TO PHYSICALLY HAVE THE MEANS AND CAPABILITY TO GET INTO A VEHICLE OR ON A BICYCLE OR ON A SKATEBOARD OR A SCOOTER OR WHATEVER IT IS.

GET DOWN TO THE WAXAHATCHEE SUN CENTRAL OFFICE.

'CAUSE THEY ONLY HAVE THE ONE SPOT.

WALK UP THE STEPS, WALK UP THE STEP INTO THE DOOR, PICK UP YOUR COPY OF THE WAXAHATCHEE SUN THAT YOU'RE PAYING A SUBSCRIPTION TO RECEIVE AND WALK OUT.

THAT IS THE ONLY WAY TO RECEIVE YOUR PHYSICAL SUBSCRIPTION PAPER OF THE SUN.

THE ONLY WAY, YOU CANNOT WALK INTO THE CVS AND SAY, WELL, I'M A SUBSCRIBER.

YOU HAVE TO PHYSICALLY, DURING BUSINESS HOURS, GET INTO THE SUN OFFICE.

THAT'S DISCRIMINATORY.

AND PAT, I THINK YOU CAN AGREE WITH THAT.

NO, I CAN'T.

OKAY.

WELL, THE, THE AG DISAGREES WITH YOU.

NO.

AND SIR, I'M PAT, IM GO AND FINISH.

NOT YET.

SO THEN TO, TO PART FOUR OF THE FOUR PRONG TEST, IT MUST BE AVAILABLE TO ANYONE IN THE TAXING UNIT WHO WISHES TO SUBSCRIBE TO IT.

IF YOU ARE HOME BOUND ON A FIXED INCOME OR YOU DON'T HAVE RECEPTION, OR YOU DON'T HAVE ACCESS TO AN INTERNET CONNECTED DEVICE, OR YOU DON'T HAVE THE INTERNET, YOU CAN'T EVEN SEE THE E ADDITION.

WELL, IF YOU'RE HOME BOUND AND YOU HAVE NO ACCESS TO THE INTERNET AND YOU'RE ON A FIXED INCOME, HOW ARE YOU GONNA GET THE NEWSPAPER? YOU'RE GONNA HOPE THAT SOMEBODY WALKS DOWN THERE TO THE OFFICE DURING THE BUSINESS HOURS TO PICK UP YOUR COPY.

OTHERWISE, YOU CAN'T SUBSCRIBE.

THEY DO NOT OFFER HOME DELIVERY.

THEY DO NOT OFFER BY MAIL.

IT IS NOT LISTED ANYWHERE ON THEIR SITE.

IT IS NOT LISTED IN ANY NEWSPAPER THAT IS PRINTED.

IT IS NOT OFFERED.

WHEN THEY MADE THE DECISION, AND I BELIEVE IT WAS ON APRIL 23RD OR APRIL 13TH TO ANNOUNCE THAT THEY WERE GOING DIGITAL ONLY, AND THEY'D PRINT SOME COPIES THAT YOU COULD COME BY AND PICK UP OR YOU COULD GO TO THE CVS AND GRAB, THEY MADE THAT DECISION.

THAT'S THEIR BUSINESS PRACTICE.

THE TEXAS ATTORNEY GENERAL SAYS THAT IF, IN THEIR OPINION, IF THIS WERE TO, IF, IF OUR CITY WERE TO BE SUED AND HELD LIABLE FOR DISCRIMINATORY PRACTICES, THAT WE WOULD NOT WIN THAT CASE.

AND THAT'S PLAIN AND SIMPLE.

THERE'S, THERE IS NO CONTRACT, THERE'S NO BUYOUT.

AND AT THE END OF THE DAY, WE'RE TALKING ABOUT $2,000 AND AD SPEND HERE.

THIS IS NOT ABOUT REVENUE FOR THE WAXAHATCHEE SUN.

THIS IS ABOUT SOMEONE HAVING THE ABILITY TO SAY THAT THEY ARE THE PAPER OF RECORD AND USE THAT AS A WEAPON OR A TOOL, HOWEVER YOU VIEW IT.

THIS IS NOT ABOUT REVENUE, IT'S NOT ABOUT INCOME.

IT'S NOT ABOUT SUPPORTING THEIR INVESTMENT IN THE COMMUNITY.

CHRIS RORIC IS HERE AT ALMOST EVERY SINGLE MEETING, WHETHER IT BE A COUNCIL MEETING OR A WORKSHOP, WHATEVER IT IS.

THAT'S THE REPORTER THAT'S HERE.

AND HE WORKS FOR THE ACHI DAILY LIGHT AND MIDLOTHIAN MIRROR.

SO NOW IF YOU'RE TALKING ABOUT YOUR RETURN ON INVESTMENT, YOU RUN A CLASSIFIED AD OR A LEGAL AD WITH A DAILY LIGHT.

IT ALSO RUNS IN THE MIRROR.

SO NOW YOU'VE GOT DOUBLE THE REACH AND THEY'RE ACTUALLY BEING DELIVERED TO PAID SUBSCRIBERS, WHICH MEETS THE AGS INTERPRETATION OF WHAT A PAPER OF GENERAL CIRCULATION IS.

TERRY, IF I'M

[00:30:01]

WRONG IN ANY OF THAT, FEEL FREE TO CORRECT ME.

ANY OTHER, DO YOU HAVE ANYTHING TO SAY, TERRY? NO, THAT'S, THAT'S THE RECOMMENDATION.

OKAY.

I HAVE A COMMENT, BUT IT'S NOT AGAINST ANYTHING THAT EITHER PERSON HAS SAID HERE.

I DISCUSSED WITH PATRICK SITTING UP HERE BEFOREHAND, WAS HE GONNA PULL IT OUT OR WHO'S I GONNA PULL IT OUT TO DISCUSS IT? AND HOWEVER IT WORKS OUT IN THE LONG RUN.

'CAUSE I, I MENTIONED TO YOU GUYS WHEN, WHEN IT CAME UP, HOW I FELT ABOUT IT.

BUT I THINK IT NEEDS TO BE TABLED, NOT VOTED ON TONIGHT BECAUSE WE HAVEN'T HAD ANY OF THESE DISCUSSIONS.

WE HAD A QUICK DISCUSSION WHERE EVERYBODY GAVE AN OPINION BECAUSE WE DON'T VOTE THERE.

WE COME OUT HERE AND PUT IT ON AN EXECUTIVES ON A, ON A CONSENT AGENDA.

IT NEEDS TO BE AN ITEM ON AN AGENDA WHERE WE CAN DISCUSS IT.

BECAUSE I'M NOT GONNA ARGUE FIGURES WITH YOU BECAUSE I HAVEN'T THE FOGGIEST, BUT I'D LIKE TO KNOW WHAT THE, THE SUBSCRIPTIONS TO THE DAILY LIGHT ARE, WHAT THE SUBSCRIPTIONS TO THE SUN ARE, HOW MUCH MONEY WE'VE SPENT WITH THE NEWSPAPER.

I'D LIKE TO KNOW ALL THAT INFORMATION BEFORE I MAKE A VOTE.

AND I WOULDN'T PROVIDED ANY OF THAT INFORMATION, HAVE ABSOLUTELY, NO, NONE OF THAT AT THE TIME.

THE COMMENT I MADE IS, I WOULD PREFER WE STAY WITH A HOMETOWN COMPANY THAT'S HERE LOCAL, BUT WE DIDN'T REALLY GO INTO A WHOLE LOT MORE.

IT WAS ALL TRIGGERED AS WE ALL, AS WE'RE WELL READ NOW, THAT SOMETHING WAS MISSED.

AND THAT'S WHAT TRIGGERED THIS.

AND THAT SHOULDN'T HAVE HAPPENED.

BUT UNTIL THAT HAPPENED, THERE WASN'T AN ISSUE.

NOBODY HAD EVER BROUGHT IT UP.

NOBODY EVER SAID ANYTHING ABOUT THE PAPER.

HONESTLY, WE MIGHT VOTE ON IT EVERY YEAR IN THE CONSENT AGENDA.

I WOULDN'T REMEMBER IF WE DID OR NOT, IF IT WAS JUST IN THE CONSENT AGENDA.

IT IS.

BUT IT'S ONE OF THOSE THINGS THAT WE NEVER, WHEN WE, WHEN THEY CHANGED TO THE WASATCH SUN BACK IN THAT DAY, I DO REMEMBER, I WASN'T ON COUNCIL, BUT I CAME TO THE MEETINGS AND THEY CHANGED BECAUSE THE WASATCH SUN WAS GONNA BE A HOMETOWN PAPER AND IT WAS BASED HERE AND IT WAS OWNED BY PEOPLE HERE.

AND THE DAILY LIGHT HAD BEEN BOUGHT OUT OR WHATEVER HAD ALREADY BEEN CHERRY ROAD OR WHATEVER.

IT WASN'T A LOCAL PAPER.

AND THE RATES WERE GONNA BE A LITTLE LOWER AT THE TIME.

AND THAT'S WHY THEY CHANGED ORIGINALLY.

AND THERE'S NEVER BEEN A DISCUSSION SINCE THEN.

I JUST THINK WE NEED TO HAVE A PUBLIC DISCUSSION WHERE IT'S OUT FRONT WITH EVERYBODY, BUT ALL THE FIGURES AND EVERYTHING ELSE.

AND THEN IF IT'S THE SMART THING TO DO, THEN WE CHANGE.

SO THAT'S HOW I FEEL ABOUT IT.

COUNCILMAN ROD, I I, I APPRECIATE YOU ACKNOWLEDGING THAT THIS WAS DISCUSSED AMONGST ALL COUNSEL AND NOT AT THE WILL OF ANYBODY ON THIS COUNCIL.

WAS IT BROUGHT UP? 'CAUSE THAT HAS NOT BEEN WHAT HAS BEEN PUT OUT THERE TODAY.

IT'S THAT IT WAS A, A COOP THAT WAS RAINING IN THE SHADOWS.

UM, BUT WE, WE ALL, WE ALL GOT PRESENTED AT THE SAME TIME WITH THE SAME INFORMATION.

WELL, AS YOU'RE AWARE, I'VE BEEN DRIVING ALL DAY, SO I I HAVEN'T BEEN READING WHAT IT'S BEEN GOING THROUGH THE THING TODAY.

BUT, BUT, BUT I CAN TELL YOU THAT WHEN THAT CHANGE HAPPENED IN 20 18, 1 2, AND I'M GONNA COUNT MR. FOX, THERE'S THREE OF US SITTING HERE WHO WERE EMPLOYED BY THE DAILY LIGHT IN SOME FORM OR FASHION WHEN THAT CHANGE HAPPENED.

AND WE'RE STILL HERE AND STILL LIVE HERE.

SO OF THE, OF THE 13 THAT WERE EMPLOYED BY THE DAILY LIGHT AT THAT TIME, THERE'S THREE SITTING IN THIS ROOM RIGHT NOW, AND I CAN PROBABLY GET TO AT LEAST 10 WHO STILL LIVE HERE THAT WERE EMPLOYED.

SO THEY WERE BEING, I CAN'T SPEAK TO WHAT THE COUNSEL DID BACK WHEN MR. MR. MAYOR BACK THERE WAS THE MAYOR AT THE TIME.

CAN'T COUNSEL, I CAN'T SPEAK TO WHAT, BUT I'M CLARIFYING THAT JUST BECAUSE IT, IT WAS O IT WAS PURCHASED BY, I BELIEVE AT THAT TIME IT WAS HURST WHEN IT WAS PUR HURST.

MM.

ONE OF THEM.

BUT IT WAS PURCHASED, UM, THAT THE EMPLOYEES WERE STILL VERY MUCH LOCAL.

RIGHT.

THAT WAS JUST KIND OF A TACTIC USED AS A SPEAKING POINT TO SAY, WELL, YOUR TAX DOLLARS ARE GONNA GO OUT.

NO, THEY'RE NOT.

CHRIS RORKE'S STILL HERE EVERY DAY.

LIKE THERE'S, I MEAN, THEY'RE STILL HERE AND IT'S, IS CHAD IN HERE? PROBABLY NOT.

IT'S LIKE 2200 BUCKS THAT WE SPENT.

WELL, THAT'S WHY I WANT TO HAVE A BIG ON THE LEGALS.

WE, WHERE WE'VE GOT THE INFORMATION.

I DON'T HAVE A PROBLEM IF WE HAVE A, AND PUT IT ON THE NEXT COUNCIL MEETING WHERE WE ACTUALLY DISCUSS IT, WHERE OUR WORKSHOP THAT WE'RE GONNA HAVE AND DISCUSS IT AND COME OUT WITH IT.

BUT I WANT ALL THE INFORMATION, NOT JUST WHAT EVERYBODY'S JUST KICKING FROM OUT IN THE BACK OF THEIR MEMORY OR WHAT THEY REMEMBER.

OH, THIS IS IT, THIS IS THAT.

I WANT THE REAL INFORMATION.

THAT'S, THAT'S, I DON'T KNOW WHAT INFORMATION I COULD HAVE GIVEN THAT'S NOT REAL OR FACTUAL OR BACKED IN FACT, OR WELL, YEAH, OR, OR BACKED BY THE CITY ATTORNEY.

YOU DON'T, YOU DON'T, BUT YOU DON'T KNOW THE SUBSCRIPTION LEVELS OF EITHER PAPER AT THE, THE MOMENT THAT DOESN'T, THAT'S, THAT, THAT'S NOT THE POINT OF IT.

THE POINT IS THE DIM MINIMUS.

SO THE DIM MINIMUS IS THE, THE ABSOLUTE MINIMUM NUMBER OR A SUB AND OR A SUBSECTION.

SO WITH WITH, WITH THAT BEING THE CRITERIA THAT THE AG

[00:35:01]

IS BASING A PAPER OF GENERAL CIRCULATION ON DI MINIMUS WOULD BE A NEWSPAPER OR GROUP OR MEDIA THAT IS NOT ATTEMPTING TO GROW THEIR SUBSCRIPTION BASE ON THE PRINT SIDE.

WELL, AND AND THAT'S FINE AND I DON'T DISAGREE WITH YOU.

HOWEVER, WHEN WE, THAT I'M REQUESTING WE HAVE THAT ON THE NEXT ONE WHERE WE DO IT.

IT'S AN AGENDA ITEM RIGHT NOW THOUGH, THAT IT'S ON A CONSENT AGENDA.

AND I DON'T HAVE ANY INFORMATION OTHER THAN WHAT YOU'VE SAID.

I'M SORRY.

IT'S NOT THAT I'M CALLING YOU A LIAR, BUT OUR ATTORNEY WILL BACK US, WILL BACK EVERYTHING THAT I'VE SAID.

I'M NOT TALKING ABOUT THAT INFORMATION.

I'M TALKING ABOUT ALL THE INFORMATION ABOUT THE WHOLE, THE WHOLE SCENARIO.

ALRIGHT? Y'ALL HAD, Y'ALL, Y'ALL HAD Y'ALL'S TURN.

EVERYBODY GETS A TURN UP HERE.

SO NOW IT'S MINE.

WE WE'RE, WE'RE MISSING ONE VERY IMPORTANT ASPECT OF THIS WHOLE THING.

AND ANY ANYBODY WITHIN THE RANGE OF MY VOICE RIGHT NOW THAT KNOWS WHAT I STAND FOR, IT'S ACCOUNTABILITY.

OKAY? AND THE FACT OF THE MATTER IS, WE MISSED A DEADLINE THAT PUT US IN A VERY BAD SITUATION AND CAUSED US TO SPEND OUR HARD EARNED TIME AND MONEY TO HAVE TO RESCHEDULE AND ADD ANOTHER MEETING BECAUSE OF THAT DEADLINE BEING MISSED.

NO ONE HAS ACKNOWLEDGED THAT TO THIS POINT.

NOT IN SOCIAL MEDIA, NOT IN ANYWHERE.

IT HASN'T BEEN BROUGHT UP.

AND I DON'T CARE ABOUT WHO SAYS WHAT.

I GOT BETTER THINGS TO DO.

I MEAN, LIKE DRIVING A CAR, .

BUT THE FACT OF THE MATTER IS THEY MISSED A DEADLINE.

AND IN, IN MY WORLD, WHEN I MISS DEADLINES, THERE'S CONSEQUENCES.

DOESN'T MEAN THEY'RE FOREVER CONSEQUENCES, BUT IT MEANS THAT THERE'S CONSEQUENCES.

AND IF WE REALLY WANT TO PUT A NUMBER TO IT AND WE WANT TO KNOW WHAT IT COST, WHAT DID IT COST TO RESCHEDULE THAT MEETING TO GET ALL THE STAFF, TO GET US AND EVERY MOVING PART THAT'S INVOLVED TO HAVE TO HAVE ANOTHER MEETING BECAUSE IT DIDN'T MAKE THE PAPER WHEN THEY PROMISED IT.

THAT'S, THAT'S WHERE, THAT'S WHERE I'M AT.

AND I DON'T IF, IF, IF COUNSEL WANTS TO SUPPORT KICKING THIS CAN DOWN THE ROAD, BY ALL MEANS GO FOR IT.

I'LL, I'LL, I'LL BE A TEAM PLAYER, BUT I'M READY TO MAKE A DECISION RIGHT NOW BECAUSE IF, IF WE'RE GONNA BE HONEST ON THAT, THEN IT DIDN'T COST ANYTHING BECAUSE WE MOVED IT TO OUR NEXT COUNCIL MEETING.

AND, AND THAT'S WHY WE HAD FOUR THINGS ABOUT THE SAME SUBJECT IN THAT COUNCIL MEETING.

ARE ARE YOU FINISHED? YEAH, I'M FINISHED.

I SHOULD BE FINISHED.

ALL RIGHT.

IT'S MY TURN NOW.

THIS IS ABOUT PUBLICATION.

IT'S, IT'S NOT ABOUT ANYTHING ELSE.

UM, DESPITE WHAT ONE MAY SAY THAT IT INVOLVES OTHER THINGS BY LAW, THE CITIES HAVE TO PUT THINGS IN PUBLICATION, UH, NOTICE TO THE PUBLIC, UH, DIFFERENT THINGS THROUGHOUT THE YEAR THAT THAT'S WHAT WE'RE TALKING ABOUT HERE.

AND EVERY YEAR WE DO SOMEWHAT TALK ABOUT WHETHER OR NOT WE'RE GONNA STAY WITH THE NEWSPAPER.

I'VE BEEN ON COUNCIL FOR FOUR AND A HALF YEARS, AND THIS HAS BEEN A TOPIC FOR FOUR AND A HALF YEARS.

EVERY YEAR IT COMES UP.

AND THE REASON IT IS WHERE IT IS NOW IS BECAUSE I'LL TELL YOU EXACTLY WHY.

BECAUSE BACK IN AUGUST, WE WERE IN THE PROCESS OF RUNNING THE TAX RATE, PUBLIC HEARING AND THE BUDGET, PUBLIC HEARING.

WE WERE LEGAL WITHIN OUR DATES.

AND IN THE MIDST OF DOING THAT, THE TAX NOTICE WAS NOT INCLUDED IN THAT NOTIFICATION.

AND IT PUT US IN A BAD SPOT.

THAT'S WHY THIS IS A BIG DISCUSSION TONIGHT.

BUT IN THAT SAME VEIN, WE'VE ALSO RECENTLY HAD AN ISSUE WITH THE, THE DAILY LIGHT.

SOMETHING HAS COME UP THERE.

I'LL TELL YOU EXACTLY WHAT THAT IS.

PLANNING WAS TRYING TO GET THEIR NOTICE IN THE, IN THE, IN THE LAST MONTH.

WE WERE TRYING TO PUBLISH THINGS IN BOTH NEWSPAPERS.

WE WERE TRYING TO BE FAIR, AND WE WERE TRYING TO REACH AS MANY PEOPLE AS WE COULD.

THAT'S OUR JOB AS A

[00:40:01]

CITY TO REACH AS MANY PEOPLE AS WE CAN REACH.

WE DON'T WANT ANYBODY LEFT OUT.

AND EVERYBODY GETS THEIR NEWS IN DIFFERENT WAYS.

I STILL LIKE A HARD COPY.

IT'S DELIVERED TO MY HOUSE EVERY WEEK.

I WANNA PHYSICALLY TOUCH A NEWSPAPER.

OTHER PEOPLE, THEY GET IT ONLINE.

BUT AS FAR AS THE, THE DAILY LIGHT, THEY WERE, WE WERE TRYING TO GET NOTICE IN THAT NEWSPAPER, AND WE SENT OUR REQUEST PRIOR TO THE DEADLINE, AND THEN WE WERE TOLD, WE WERE TOLD THAT WE NEEDED TO SUBMIT IT THROUGH THEIR PORTAL.

AND WE DIDN'T GET A RESPONSE UNTIL LATER.

BUT THEN THAT WE WERE TOLD THAT WE MISSED THE DEADLINE.

WE DIDN'T MISS THE DEADLINE.

AND THEN WE WERE TOLD THAT THE, THE SET THAT THE DEADLINE THAT WE WERE ORIGINALLY GIVEN HAD CHANGED BECAUSE IT PERTAINED TO GARAGE SALES AND STUFF.

THIS ISN'T ABOUT GARAGE SALES, THIS IS ABOUT PUBLIC NOTICE AND US FOLLOWING THE LAW, WHICH WE'RE GONNA DO EVERY TIME.

THAT'S WHAT THIS IS ABOUT.

AND THAT'S WHY IT'S A HOT TOPIC.

I WOULD LOVE TO SEE US UTILIZE THE DALLAS MORNING NEWS BECAUSE THEY PRINT EVERY DAY.

THEY HAVE A LARGE AUDIENCE, BUT IT'S MY UNDERSTANDING, THEIR FEES ARE A WHOLE LOT MORE MONEY.

BUT FOR ME PERSONALLY, I DON'T HAVE A PREFERENCE WHO WE USE OR WHO WE DON'T USE.

I'M SURE MANY OF YOU HAVE SEEN THE, THE, THE JUNK THAT'S BEEN PRINTED OUT THERE TODAY.

IF YOU HAVEN'T GO LOOK AT THE SUN, YOU CAN SEE ALL THE OPINIONS YOU WANT TO ANY DAY OF THE WEEK.

FOR ME, I WANT A NEWSPAPER THAT STATES THE FACTS AND LET THE READER DECIDE WHAT'S REALLY GOING ON.

I DON'T HAVE ANYTHING AGAINST ANY NEWSPAPER OR ANYBODY FOR THAT MATTER.

I WANT THE BEST SERVICE.

I WANNA REACH AS MANY PEOPLE AS WE CAN REACH WHENEVER WE NEED TO PUT SOMETHING OUT THERE AS A CITY, THAT'S MY POSITION.

I WOULD LOVE TO LOOK AT EVERY ONE OF THEM.

THERE'S SOME WE'VE MISSED THAT WE HAVEN'T EVEN TALKED TO YET.

MAYBE THEY'VE GOT SOMETHING.

MAYBE THEY'VE GOT SOME GOOD PRICES.

MAYBE THEIR DEADLINES WORK WELL FOR, FOR OUR CITY.

I DON'T KNOW.

BUT AGAIN, I DON'T FAVOR ANYBODY OVER THE OTHER ONE.

I JUST, I WANT THE BEST SERVICE FOR OUR COMMUNITY WITH OUR TAXPAYERS MONEY.

AND IF WE NEED TO GO BACK AND LOOK AT ALL OF 'EM AND, AND GET, SEE WHAT THEY HAVE TO OFFER US.

I'M GOOD WITH THAT.

ANYBODY ELSE? I WAS, I OPPOSED WHAT WAS SAID? I WOULD JUST LIKE TO ADD, AND THIS ISN'T ANYTHING IN REGARDS TO THE ISSUE OF WHETHER IT'S THE SUN OR LIGHT OR WHATEVER.

AN ATTORNEY GENERAL OPINION IS REQUESTED BY A PARTY OF INTEREST AS IT RELATES TO A SUBJECT MATTER AND WHAT THE LAW SAYS ABOUT IT.

AND, AND AS AS BROUGHT UP HERE, THE LAW DID NOT ADDRESS THIS PARTICULAR ISSUE.

THEY WENT AND LOOKED AT A COUPLE OF OTHER STATES LAWS, BUT HOWEVER, THOSE FOUR ELEMENTS THAT WERE MENTIONED ARE ALL TO BE USED TO ANALYZE AN ATTORNEY GENERAL OPINION CANNOT CREATE LAW.

THEY CANNOT.

YOU, UM, WHAT IT SAYS IS NOT THE RULE OF LAW.

IT IS IN LOOKING AT WHAT'S AVAILABLE GENERALLY BASED UPON THE LAW, WHAT DOES THE ATTORNEY GENERAL THINK IT MIGHT SAY OR WHAT IT MAY BE INTERPRETED AS.

BUT THERE'S INSTANCES WHERE COURTS HAVE GONE AGAINST ATTORNEY GENERAL OPINIONS.

THERE'S TIMES THAT ONE ATTORNEY GENERAL WILL ISSUE AN OPINION THAT'S DIFFERENT THAN ANOTHER ONE.

SO JUST BECAUSE THERE'S AN ATTORNEY GENERAL OPINION OUT THERE, DOES NOT IN AND OF ITSELF ANSWER THE QUESTION.

AND THAT'S WITH 35 YEARS OF PRACTICING LAW, YOU CAN LOOK AT IT, IT'S TO BE USED, BUT IT IS NOT THE LAW.

IT'S ON A CASE BY CASE BASIS.

AND MAYOR, YOU KNOW, I AGREE WITH YOU.

WE MAY NEED TO LOOK AT OTHER THINGS HERE.

I THINK THAT WE NEED TO, BUT I DON'T WANT IT TO BE THAT AN AG OPINION

[00:45:01]

IS THE LAW.

IT'S NOT.

IT IS NOT.

IT'S AN OPINION.

THANK YOU, MA'AM.

I HAVE, I HAVE ONE FOLLOW UP QUESTION FOR COUNCILMAN SUITOR.

UH, HOW DO YOU, AND I'M JUST CURIOUS, UH, I THINK I KNOW HOW YOU, HOW YOU STAND ON IT, BUT WHERE, WHERE ARE YOU ON, ON THE ACCOUNTABILITY ASPECT OF WHAT GOT US HERE TO BEGIN WITH? I'M A FI I'M FINE WITH ACCOUNTABILITY, BUT I THINK THAT THERE SHOULD BE COMMUNICATION BETWEEN THE PARTIES.

BUT I DID SAY WHEN WE SPOKE ABOUT IT, THAT I BELIEVE THAT IT SHOULD BE A HOMETOWN NEWSPAPER.

IF THERE'S SOMETHING THAT WAS PROBLEMATIC, THEN WE LOOK AT THE CONTRACT AND GO INTO THE TERMS OF THE CONTRACT.

IF, UM, BUT YOU KNOW, I'M NOT SAYING THAT THEY'RE ABSOLUTELY RIGHT OR THEY'RE ABSOLUTELY WRONG.

I THINK THOUGH, TO, TO JUMP TO THIS IS WITHOUT EXPLORING THE ISSUE, I THINK IS JUST WRONG.

AND UNTIL THAT HAPPENS, I'M GONNA SIDE WITH A HOMETOWN NEWSPAPER RATHER THAN SOMEBODY FROM NEW JERSEY.

COUNCILMAN SUITER.

HOW, HOW WIDE DOES YOUR HOMETOWN SCOPE? LIKE HOW FAR DOES IT EXTEND PAST WAXAHATCHEE? MY, MY HOMETOWN SCOPE DOES NOT APPLY HERE.

I'M LOOKING AT THIS LIKE A LAWYER AND YOU BROUGHT UP THE ATTORNEY GENERAL.

OKAY.

SO TO TO THAT POINT, WHERE DOES CHRIS YORK LIVE? FORMER PRESIDENT OF BAYLOR HOSPITAL.

IT'S NOT WAXAHATCHEE.

AND HE'S A 50 50 OWNER IN THE NEWSPAPER.

I'M JUST GOING ON WHAT, I'M JUST TELLING YOU WHAT THE FACTS ARE.

AND THAT'S ONLINE AND THAT'S PUBLIC RECORD.

CHRIS YORK, FORMER PRESIDENT OF BAYLOR HERE, THE BAYLOR HOSPITAL HERE IS A 50 50 OWNER IN THE SUN.

AND THAT'S PUBLIC RECORD.

OKAY.

HE IS NOT HOMETOWN DOES NOT LIVE HERE, BUT THEY ARE BASED HERE.

HE IS NOT THE WALK DAILY LIGHT IS BASED HERE.

SO, OKAY.

SO I'M GOING TO DO A LITTLE BIT OF MORE LEGAL ED EDUCATION.

WE, WE, WE KIND OF GOT IT.

THE PERSON VERSUS AN ENTITY OR TWO SEPARATE DISTINCT THINGS.

THE DOMICILE OF THE LOXAHATCHEE SUN IS HERE.

DOES ANYBODY ELSE HAVE ANY STATEMENTS? NO, I'M, I JUST, I I'M, WE NEVER REALLY GOT TO, TO WHAT, MY QUESTION, MY QUESTION FOR, FOR COUNCILMAN SUITER IS THAT, YOU KNOW, KNOW, I, I WOULD LIKE TO LOOK AT THIS FROM, FROM AN ACCOUNTABILITY PERSPECTIVE.

YOU'RE, YOU'RE AN ATTORNEY AS, AS YOU'VE STATED, WHEN YOU MISS DEADLINES, ARE THERE CONSEQUENCES? WELL, THERE'S CONSEQUENCES, BUT AT THE SAME TIME, I THINK THAT WE SHOULD HAVE EXPLORED MAYBE THAT THERE WERE, WERE CERTAIN FACTORS THAT FACTORED IN THAT WOULD, YOU ASKED ME A QUESTION.

I'M, I'M, YOU'RE GONNA LET ME FINISH? YEP.

OKAY.

I'M TIRED OF THIS.

WHEN I TRY TO TALK AND PEOPLE HAVE TO INTERRUPT ME, I THINK THAT WE SHOULD HAVE HAD A CONVERSATION OR WE COULD INVOLVE COUNCIL, WHATEVER IT WOULD BE, I THINK TO MAKE THIS JUMP BASED UPON THIS AND SAY ACCOUNTABILITY.

WELL, THERE'S, THERE'S, CITY OF WAXAHATCHEE HAS DONE THINGS THAT WEREN'T NECESSARILY CORRECT AT TIMES.

AND IT'S NOT THAT WE ARE ABSOLUTELY LIABLE FOR IT.

WE TRY TO WORK THROUGH IT ALL I'M ASKING, OR ALL I'M STATING IS, IS THAT I THINK THAT THERE NEEDS TO BE MORE THAN JUST PUTTING IT, UH, MAKING THIS MOVE ON A CONSENT AGENDA ITEM.

IT'S THE REASON WHY I REMOVED IT FOR DISCUSSION.

SO WE WOULD HAVE THIS DISCUSSION.

IS THERE ANYBODY FROM THE WALKS AHEAD TO SON HERE? NO, NO, NO, NO, NO, NO, NO.

YEAH, LET'S NOT DO THAT.

I DON'T WANNA DO THAT.

I WANT TO, I WANNA FINISH THIS BECAUSE WE'RE, BECAUSE THERE'S NOT, WE'RE WE'RE, WE'RE DISCUSSING WHAT YOU HAD HAD MENTIONED ABOUT WHETHER OR NOT WE WANT TO CONSIDER A CHANGE.

THAT'S WHAT YOU WANT, THAT'S WHAT YOU'RE ASKING FOR.

YES.

WELL, ITEM H SAYS A RESOLUTION DE DESIGNATING AN OFFICIAL PAPER AND AN ALTERNATE ADVERTISING SOURCE FOR THE CITY OF WAXAHATCHEE.

IT DOESN'T SAY WHO WE'RE GOING TO, IT DOESN'T SAY ANYTHING.

Y'ALL ARE, Y'ALL ARE AGAINST THE RESOLUTION THAT'S DOING EXACTLY WHAT YOU'RE ASKING FOR.

I'M, I'M AGAINST A RESOLUTION BASED UPON THE CONVERSATIONS THAT, THAT WE'RE HAD THAT I CANNOT GO INTO KNOWING WHAT THE WRITING IS ON THE WALL.

WELL, YOU GOT ME THERE.

'CAUSE I DON'T KNOW WHAT CONVERSATIONS YOU'RE TALKING ABOUT.

YEAH.

'CAUSE PAT, I'LL, I'LL BE HONEST WITH YOU, IF I HAD IT MY WAY, AND IT WON'T, IT WON'T WORK.

BUT I WOULD PUT IT AS THE OFFICIAL PAPER AS THE ELLIS COUNTY PRESS, BUT I WON'T GET THAT SUPPORT.

SO JUST TO ANSWER YOUR QUESTION, TRACE, IF YOU LOOK AT THE DOCUMENTATION, THAT'S WITH THE CONSENT AGENDA THAT SUPPORTS ITEM H IT SAYS THE PROPOSED RESOLUTION DESIGNATES THE WAXAHATCHEE DAILY LIGHT WILL SERVE AS THE CITY'S OFFICIAL NEWSPAPER.

[00:50:01]

MM-HMM .

DID ANYBODY UP HERE DRAFT THAT? SO IT, SO IT DOES, WELL, I'M JUST SAYING ON H IT GIVES YOU A BRIEF WHAT H IS UP THERE, BUT THE DOCUMENTATION THAT'S IN HERE THAT SAYS WHAT WE'RE VOTING ON SAYS IT'S GONNA BE THE WALK CENTURY DAILY.

RIGHT.

BUT NOBODY UP HERE DRAFTED THAT.

THAT'S WHY IT'S A DISCUSSION ITEM.

IT IT WAS PULLED AS ONE.

SHOULD IT HAVE BEEN AN AGENDA ITEM? I GUESS IT COULD HAVE BEEN, BUT I'M TELLING YOU FROM EXPERIENCE, THIS IS NEVER AN AGENDA ITEM FOR ANY CITY.

WHEN THIS ORIGINALLY CAME UP, MR. SUITER WAS ON VACATION IN ARUBA, AND HE WASN'T AT THE MEETING WHERE WE HAD THE DISCUSSION.

SO THAT'S A LOT OF IT.

HE, I'M INFORMATION HE DIDN'T HAVE, AND WE HAVEN'T, YOU KNOW, WE CAN'T GET TOGETHER I CERTAIN TIMES AND TALK AND WE CO WE HAVE IT.

AGREE.

AND I, I'M NOT TRYING TO, UH, I'M NOT TRYING TO, YOU KNOW, GET, GET IN ANYONE'S KITCHEN.

I'M JUST SAYING THAT THE WAY I READ THE RESOLUTION IS THAT WE'RE TO CONSIDER A PROPOSED RESOLUTION DESIGNATING AN OFFICIAL CITY NEWSPAPER AND AN ALTERNATE ADVERTISING SOURCE AND AN ALTERNATE ADVERTISING SOURCE.

I UNDERSTAND THAT'S, THAT'S WHAT, THAT'S WHAT THE MOTION WAS.

TERRY CAN, BUT THE DOCUMENTED INFORMATION THAT'S IN THE PACKET THAT WE'RE SUPPOSED TO USE TO MAKE OUR DECISION ON THESE THINGS SAYS SPECIFICALLY WHAT IT IS.

THAT'S, THAT'S WHY I'M SAYING THAT I THINK WE JUST NEED TO DISCUSS IT.

I'M NOT TERRY, OH, SORRY.

SORRY, I'M DONE.

I'M DONE.

TERRY, CAN WE APPROVE MULTIPLE ALTERNATE ADVERTISING SOURCES? WE CAN.

THE STATUTE TALKS ABOUT APPOINTING, UH, AN OFFICIAL OR A PAPER GENERAL CIRCULATION IN THE COMMUNITY AS, AS, AS THE SOURCE FOR ADVERTISING A NOTICE, PUTTING A NOTICE OF, ET CETERA.

THERE'S NOTHING THAT PROHIBITS YOU FROM HAVING AN ALTERNATE NEWSPAPER.

OKAY.

SO, UM, AND THIS IS NOT AN OFFICIAL MOTION, BUT A MOTION TO APPROVE PAPER X AS THE OFFICIAL CITY NEWSPAPER AND THEN PAPER A AND B AS THE ALTERNATE WOULD, WOULD BE OKAY.

CORRECT.

OKAY.

FOR EXAMPLE, WHEN, WHEN WITH A, WITH A DEADLINE THAT'S MISSED, THE ALTERNATE WOULD GIVE YOU THE OPPORTUNITY TO PERHAPS PUBLISH IT TIMELY FOR SOMETHING THAT'S REQUIRED TO BE PUBLISHED BY LAW.

WELL, I MEAN, THEN I'LL, I'LL MAKE A MOTION AND I HAVE THREE ALTERNATES.

, I MEAN, IT JUST GIVES THE CITY MORE, IT GIVES US MORE OPTIONS AND TOOLS AGAIN.

AND, AND THAT'S FINE.

UH, I, I REALLY JUST, I WANNA LOOK AT ALL OF OUR OPTIONS.

I'D LIKE TO SEE PRICING.

I'D LIKE TO SEE DEADLINES, UM, AGAIN, THE BEST SERVICE, UH, FOR THE BEST PRICE.

AND SOMETIMES YOU DO HAVE TO PAY MORE FOR BETTER SERVICE.

I GET THAT.

UH, BUT THERE, THERE'S AT LEAST ONE OTHER NEWSPAPER THAT, YOU KNOW, THAT WE HAVEN'T EVEN SPOKEN OF AT ALL.

AND I, I THINK IT'S ONLY FAIR THAT WE, THAT WE LOOK AT ALL OF THEM.

SO ARE, ARE YOU SAYING OUR ONLY OPTIONS ARE TO EITHER TABLE, OPTION H OR CAN WE REVISE IT? YES, YOU CAN REVISE IT.

SO WE CAN, WE CAN REVISE TO SAY ITEM H TO INCLUDE, UH, VETTING MULTIPLE SOURCES.

WELL, THE, THE AGENDA ITEM IS JUST FOR THE DESIGNATION IN THE NEWSPAPER.

AND, AND SO YOU HAVE, YOU HAVE A BROAD SCOPE OF WHAT YOU CAN DO.

YOU CAN, YOU CAN NAME THE, THE DRAFT MERAN DRAFT RESOLUTION CAN BE CHANGED.

YOU WANT TO CHANGE THAT IF YOU WANT TO CONSIDER IT AT A LATER DATE AND GET ADDITIONAL INFORMATION.

YOU CAN DIRECT CITY STAFF TO PREPARE FOR, GET THE INFORMATION AND CONSIDER AT A LATER DATE.

BUT THOSE OPTIONS ARE ALL AVAILABLE.

THE, THE, THE AGENDA POSTING IS CORRECT AND SUFFICIENT UNDER THE OPEN MEETING.

THAT, AND, AND AGAIN, THE DRAFT RESOLUTION IN THE PACKET HAS THE DAILY LIGHT AND THE MORNING NEWS AS, AS AN ALTERNATE.

IF YOU WANNA CHANGE THOSE, YOU'RE CERTAINLY ABLE TO DO THAT.

I MEAN, I WOULD JUST INCLUDE ALL THE COUNTY PAPERS AS THE ALTERNATE, ALL OF THE COUNTY PAPERS THAT MEET THE FOUR PRONG CRITERIA.

LET'S, BECAUSE THEN THERE'S, I MEAN, THERE'S NO HARM.

NO, THERE'S NO HARM, NO FOUL.

THEY'RE ALL INCLUDED.

LET'S ADDRESS ITEM H FIRST.

YEAH, WELL, THAT, THAT, THAT IS ON H SO IF, SO IF YOU NAME THE QUOTE UNQUOTE OFFICIAL PAPER, WHICH IS JUST IN TITLE ONLY, LIKE IT'S NOT USED, IT DOESN'T GET YOU ANY EXTRA BENEFITS.

YOU DON'T GET TO SKIP IN LINE ON PRESS DAY.

YOU DON'T GET TWO HOT DOGS IN THE CONCESSION STAND AND NOT WANT, LIKE, IT DOESN'T DO

[00:55:01]

ANYTHING.

IT IS JUST IN TITLE ONLY.

UM, AND THEN IF WE HAVE THE ALTERNATES, THEN WE GET THEIR PRICING AND WE USE 'EM.

OR WE DON'T, BUT WE DON'T HAVE TO.

I MEAN, IT, IT, IT, IF WE CAN NAME THE ALTERNATES AS THE IN NEWS, THE ELLIS COUNTY PRESS, THE DALLAS WARNING NEWS, THE MIDLOTHIAN MIRROR BE DONE WITH IT, FOCUS NEWS, I MEAN, WHAT, THEY'RE ALL THERE.

AND IF WE NEED TO USE 'EM, WE CAN, AMBER AND HER STAFF CAN DECIDE IF, IF THAT'S A GOOD USE OF THEIR FUNDS, IF THEY OVERUSE THEIR FUNDS AND THE FUNDING FOR THAT, THEN WE'LL KNOW.

BUT TO DELAY, IT JUST DOESN'T, I DON'T KNOW THAT IT MAKES A WHOLE LOT OF SENSE IF WE CAN NAME ALL THE ALTERNATES THAT WE WANT TO.

THE ISSUE AROSE BECAUSE WE DIDN'T HAVE A DAILY ALTERNATE.

RIGHT.

AND THAT WAS, THAT WAS THE BIG ISSUE, IS THAT WE HAD A WEEKLY AND A WEEKLY.

AND WHEN THE DAILY LIGHT WAS SIX DAYS A WEEK OR THREE DAYS A WEEK, THEN THAT GAVE YOU MORE OPTIONS.

THE SUN HAS ALWAYS BEEN ONE DAY A WEEK.

SO YOU HAD A WEEKLY AND A WEEKLY.

THERE'S NOT MUCH ROOM FOR MANEUVERING THERE IF YOU MISS A DEADLINE.

SO MY, I MEAN, MAD MAYOR, I'LL MAKE A MOTION IF YOU WANT TO, BUT IF YOU'LL ACCEPT IT.

BUT I'LL, BUT I'LL ACCEPT ANY MOTION AND WE'LL VOTE, WE'LL VOTE ON IT.

UM, MADAM MAYOR, I MOVE TO, UH, NAME THE OFFICIAL PAPER OF RECORD AND CIRCULATION AS WAXAHATCHEE DAILY LIGHT WITH THE ALTERNATE ADVERTISING, NEWSPAPERS BEING THE DALLAS MORNING NEWS, THE ELLIS COUNTY PRESS, THE MIDLOTHIAN MIRROR, AND THE WALKS THAT YOU SUN.

I'VE JUST GOT ONE QUESTION, UH, FOR, FOR RICKY IS IF WE RUN INTO A PROBLEM, DOES THIS ALLOW US IN A TIMELY MANNER TO BE ABLE TO, TO, UH, CONTACT ONE OF THESE OTHERS TO BE ABLE TO STILL MEET OUR DEADLINES? WELL, ESPECIALLY WITH THE DAILY, UH, THE DALLAS MORNING NEWS, IT WOULD, THAT, THAT GIVES US BASICALLY EVERY DAY THAT WE COULD PRINT AND MEET DEADLINES, BECAUSE WE'VE GOTTA HAVE THE ABILITY TO PUBLISH AND PUT THIS INFORMATION OUT, UH, IN A TIMELY MANNER AND MEET THOSE DEADLINES AND, AND, AND STAY WITHIN THE LEGAL REALM.

AND, UH, I UNDERSTAND THINGS COME UP.

THINGS ARE GONNA COME UP WITH, WITH ANY AND EVERY NEWSPAPER, I'M SURE, BUT WE'VE GOTTA HAVE OPTIONS TO STILL MEET THOSE DEADLINES.

YOU READY FOR A MOTION? PREVIOUS QUESTION.

IT NEEDS TO BE A SECOND.

YEAH.

ARE YOU READY FOR A SECOND? WE HAVE A MOTION ON THE FLOOR.

UM, SECOND.

OKAY.

AND WE HAVE A, A SECOND.

UH, ALL IN FAVOR? RAISE YOUR RIGHT HAND.

ANY OPPOSED? SAME SIGN.

SO THREE TO TWO.

ALL

[7. Public Hearing on a request by Ndorerwanayo Cesar, for a Specific Use Permit (SUP) for a Home for Aged, (Assisted Living) use within a Planned Development Single-Family-3 (PD-SF-3) zoning district located at 1107 East Ross Street (Property ID 272982) - Owner: Tammy & Robert Tanguma (ZDC-89-2025)]

RIGHT.

THAT NOW TAKES US TO REAL BUSINESS TO ITEM NUMBER SEVEN.

THIS IS A PUBLIC HEARING ON A REQUEST FOR A SPECIFIC USE PERMIT FOR A HOME FOR AGED ASSISTED LIVING USE WITHIN A PLANNED DEVELOPMENT SINGLE FAMILY.

THREE P DSF, THREE ZONING DISTRICT LOCATED AT 1107 EAST ROSS STREET.

OWNER, TAMMY AND ROBERT TANGUMA, SENIOR PLANNING DIRECTOR.

TRENTON? YES.

UH, THANK YOU.

THIS IS FOR A SPECIFIC USE PERMIT FOR PROPERTY LOCATED 1107 EAST ROSS STREET TO ALLOW FOR ASSISTED LIVING, UH, FACILITY IN ACCORDANCE WITH OUR ZONING ORDINANCE.

ANY ASSISTED LIVING FACILITY USE, UH, HOME FOR THE AGED? UH, IT DOES REQUIRE AN SUP IN A SINGLE FAMILY RESIDENTIAL DISTRICT.

UH, THE SURROUNDING PROPERTIES ARE PREDOMINANTLY SINGLE FAMILY RESIDENTIAL.

I DO WANNA KNOW THAT THIS IS AN EXISTING, UH, ASSISTED LIVING FACILITY, UH, WITH THREE PATRONS LIVING AT THIS LOCATION.

UM, THIS WAS, I JUST WANNA MAKE SURE IT WAS CLEAR THAT THIS WAS NOT A CITY, UM, ORIENTED, UM, CODE ENFORCEMENT CASE.

THIS IS A, THEY CAME IN, UM, WANTED TO MAKE SURE THAT THEY WERE MEETING ALL REQUIREMENTS.

FOUND OUT IT DID REQUIRE AN SP AND, UH, REQUESTED TO GO THROUGH THIS PROCESS.

UM, WHEN THIS WENT BEFORE THE PLANNING AND ZONING COMMISSION,

[01:00:01]

UH, PART OF THEIR CONDITIONS ALONG WITH STAFF'S RECOMMENDATION WAS TO PERMIT THIS BY, UH, TO RECOMMENDATION OF APPROVAL, BUT TO, UH, REQUIRE THEM TO PROVIDE, UH, OR THAT THEY REQUIRED PROVIDE ALL LICENSING PERMITTING AS BOTH STATE, FEDERAL, STATE, AND LOCAL MANDATES.

UM, SOME OF THE ADDITIONAL, UH, CONDITIONS IS THAT THIS IS A NON-MEDICALLY LICENSED RESIDENTIAL CARE HOME, UM, THAT THEY CANNOT EXCEED MORE THAN THREE RESIDENTS.

UM, AND A CARETAKER HAS TO BE THERE AT ALL TIMES.

STAFF, UH, CAN ANSWER ANY QUESTIONS THEN THE APPLICANT'S HERE AS WELL.

THANK, THANK YOU, TRENTON.

THIS IS A PUBLIC HEARING.

IF YOU'D LIKE TO SPEAK FOR OR AGAINST THIS ITEM, GIVE YOUR NAME AND ADDRESS TO THE CITY SECRETARY.

I'M, I'M SUSAN AYA, THE OWNER OF THE BUSINESS.

AND I'M JUST HERE TO ANSWER QUESTIONS IF, UH, YOU HAVE ANY.

OKAY.

ONE, IT'S 1 1 0 7 EAST ROSS STREET, WASATCH, TEXAS.

SEVEN, FIVE.

UH, 1 6 5.

OKAY.

LET'S SEE IF ANYBODY ELSE WOULD LIKE TO SPEAK ON THIS.

SOMEBODY ELSE MAY HAVE SOME QUESTIONS IF YOU WOULD STAND BY.

ANYONE WANNA SPEAK ON THIS ITEM? OKAY.

SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.

COUNSEL, DO Y'ALL HAVE ANY QUESTIONS? OKAY.

SEEING NONE.

THANK YOU.

THANK YOU.

IT TAKES US TO ITEM EIGHT.

[8. Consider proposed ordinance approving ZDC-89-2025]

CONSIDER PROPOSED ORDINANCE APPROVING ZDC 89 DASH 2025.

MADAM MAYOR, I MOVE TO APPROVE ZDC 89.

2025.

A SPECIFIC USE PERMIT FOR A HOME FOR THE AGED USE.

USE SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE INTERIM CITY MANAGER AND OR MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS.

SECOND.

OKAY, WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

NEXT ITEM

[9. Public Hearing on a request by Gilberto Escobedo, Jr., for a Specific Use Permit (SUP) for a Short-Term Rental use within a Single-Family-3 (SF-3) zoning district located at 104 Ryburn Street (Property ID 175937) – Owner(s): LGE Investment Homes, LLC (ZDC101-2025)]

IS A PUBLIC HEARING ON A REQUEST BY GITO ESCOBIDO, JR.

FOR A SPECIFIC USE PERMIT FOR A SHORT TERM RENTAL USE WITHIN A SINGLE FAMILY.

THREE ZONING DISTRICT LOCATED AT 1 0 4 ROBIN STREET.

OWNER IS LGE INVESTMENT HOMES, LLC.

TRENTON.

UH, THANK YOU.

THIS IS SPECIF SPECIFIC USE PERMIT FOR A SHORT-TERM RENTAL AND ACCORD WITH THERE.

ZONING WARRANT, ANY SHORT-TERM RENTAL, UH, LOCATED OUTSIDE OF RESIDE CENTRAL AREA DISTRICT.

UH, AND THE SINGLE FAMILY ZONING DISTRICT DOES REQUIRE SPECIFIC USE PERMIT.

UH, THEY DID, UH, COME BEFORE THE PLANNING ZONING COMMISSION.

THE PLANNING ZONING COMMISSION DID RECOMMEND APPROVAL IN ACCORDANCE WITH STAFF'S, UH, RECOMMENDATION AND CONDI, UH, WITH OUR CONDITIONS, UH, FORTH STATED, UH, THE PER THE AUSTRALIAN PROPERTY IS ZONED SIMILARLY TO THE SUBJECT PROPERTY, SINGLE FAMILY RESIDENTIAL THREE.

WITH THIS, UH, IT'S A THREE BEDROOM RESIDENTIAL STRUCTURE, APPROXIMATELY 1400 SQUARE FEET.

THEY ARE PROVIDING THREE OFF STREET PARKING SPACES.

THERE HAS BEEN NO NUISANCE RELATED CALLS, UH, TO THE ATCH PD IN THE PAST 12 MONTHS FOR THIS AREA.

UM, ONCE AGAIN, PLAIN ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS REQUEST WITH THE CONDITIONS LOCATED IN YOUR STAFF REPORT, AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THANK.

THANK YOU, TRENTON.

THIS IS A PUBLIC HEARING.

IF YOU'D LIKE TO SPEAK FOR OR AGAINST THIS ITEM, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY.

SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.

ITEM 10,

[10. Consider proposed ordinance approving ZDC-101-2025]

CONSIDER PROPOSED ORDINANCE APPROVING CDC 1 0 1 20 25.

COUNSEL, PAT, YOU AND I HAVE BOTH EXPRESSED PREVIOUSLY CONCERNS OVER SHORT TERM RENTALS AND THEIR LOCATION AND PROXIMITY TO SCHOOLS.

DOES THIS ONE GIVE YOU ANY PAUSE WITH THE DAYCARE BEING RIGHT THERE? I'VE BEEN KICKING THAT AROUND.

UM, WHAT'S, WHAT'S THE DISTANCE CLOSE ? I MEAN, FOR ME, IT'S NOT JUST THE DAYCARE, BUT IT'S, IT'S JUST THE PARKS.

AND I MEAN, THAT WE'VE GOT OUR, WE FREE COMMUNITY POOL DIRECTLY ACROSS THE STREET.

YOU'VE GOT PARKS, ALL OF THE LITTLE LEAGUE FOOTBALL GAMES AND FUTURE BASEBALL AND SOFTBALL GAMES WILL ALL BE OUT THERE TOO.

SO IT, IT, IT, IT DOES GIVE ME PAUSE TO THAT, THAT POINT THAT WE'VE DISCUSSED PREVIOUSLY.

DO YOU KNOW, WE APPROVED THE ONE RIGHT NEXT DOOR IN THE LAST TIME FOR THE SAME GUY.

THE SAME OWNER OWNS BOTH HOUSES.

HE BUILT

[01:05:01]

BOTH HOUSES.

SO I DON'T SEE THAT THERE'S AN ISSUE.

WE'VE PROVED THE ONE RIGHT NEXT DOOR.

WHY THIS ONE ALL OF A SUDDEN IS A PROBLEM WITH THE DAYCARE? OH, JUST THE DENSITY OF IT BEING RIGHT THERE.

AND THEN, I MEAN, IT'S, IF SOMEONE WANTED TO DO SOMETHING NEFARIOUS, NOW THEY'VE GOTTEN TWO SIDE BY SIDE TO, I MEAN, THAT'S WHAT I'VE BEEN STRUGGLING WITH, BUT THE FACT THAT WE DID APPROVE THE FIRST ONE THAT'S RIGHT THERE, UM, I WOULD, I WOULD HATE TO NOW GO BACK AND JUST SAY THAT THERE'S TWO THERE THAT, THAT, THAT WOULD BE ESPECIALLY.

I UNDERSTAND AND WE HAVE TALKED ABOUT IT.

YOU'RE EXACTLY RIGHT.

BUT SINCE WE'VE APPROVED THE FIRST ONE, I JUST HAVE, I WOULD STRUGGLE TO NOT APPROVE THIS ONE.

THE ONLY THING I HAVE ON IT IS MOST OF THE ACTIVITIES IN A SHORT TERM RENTAL ARE, ARE AFTER HOURS AND, AND ON WEEKENDS.

SO FOR ME, I, I WOULD BE FINE WITH IT.

I WILL ENTERTAIN A MOTION IF THERE'S NO OTHER DISCUSSION.

MADAM MAYOR, I MOVE TO APPROVE ZDC 1 0 1 DASH 2025, A SPECIFIC USE PERMIT FOR A SHORT TERM RENTAL USE SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE INTERIM CITY MANAGER AND OR MAYOR 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

[11. Public Hearing on a request by Deanna Carter for a Zoning Change from a Future Development (FD) zoning district to a Rural Residential (RR) zoning district, located at 1183 Lone Elm Road (Property ID 180654) - Owner: Deanna Carter (ZDC-104-2025)]

IS A PUBLIC HEARING ON A REQUEST BY DEANNA CARTER FOR A ZONING CHANGE FROM A FUTURE DEVELOPMENT FD ZONING DISTRICT TO A RURAL RESIDENTIAL ZONING DISTRICT LOCATED AT 1183 L ELM ROAD.

OWNER IS DEANNA CARTER, ZDC 1 0 4 20 25.

TRENTON, UH, THANK YOU.

THEY'RE PROPOSING A REZONED REQUEST, UH, FOR THIS PROPERTY FROM FUTURE DEVELOPMENT TO RURAL RESIDENTIAL, UH, AT LOCATED 1183 LOW AND ELM ROAD.

UH, THE PURPOSE OF THIS REQUEST IS TO BE ABLE TO SUBDIVIDE THE PROPERTY INTO TWO, TWO DIFFERENT LOTS.

UM, ONE OF THE CONCERNS THAT WAS BROUGHT BEFORE THE PINE ZONING COMMISSION, ONE OF THE QUESTIONS ASKED WAS, HOW MANY LOTS COULD THEY GO AHEAD AND, UH, DIVIDE THIS UP INTO? DUE TO OUR, UH, SUBDIVISION ORDINANCE AND OUR PLANNING REQUIREMENTS, UH, AND THE REQUIRED ROAD FRONTAGE, IT WOULD BE VERY DIFFICULT FOR THEM IN THE RURAL RESIDENTIAL DISTRICT TO GET ANYTHING MORE THAN TWO LOTS.

SO I WANNA MAKE SURE THAT WAS, UH, CLEAR AS WE MOVE FORWARD IN THIS PROPOSED REQUEST.

UM, PLANNING ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS PROPOSED REQUEST.

UM, WE DID RECEIVE ONE LETTER OF OPPOSITION LOCATED ACROSS THE STREET FROM THIS, UH, SUBJECT PROPERTY.

UM, BECAUSE THIS IS A STRAIGHT ZONE REQUEST, THERE IS NO SITE PLAN OR, UM, OR, UH, BUILDING ELEVATIONS.

UM, ALONG WITH THIS, IT WOULD BE, IT WOULD BE REQUIRED TO MEET ALL OF OUR ZONING BASE REGULATIONS AND MINIMUM STANDARDS AND DEVELOPMENT REQUIREMENTS.

AND I CAN ANSWER ANY QUESTIONS THIS TIME.

THANK YOU, TRENTON.

THIS IS A PUBLIC HEARING.

IF YOU'D LIKE TO SPEAK FOR OR AGAINST THIS ITEM, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS.

SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.

ITEM 12,

[12. Consider proposed ordinance approving ZDC-104-2025]

CONSIDER PROPOSED ORDINANCE APPROVING ZDC 1 0 4 20 25.

COUNSEL, MADAM MAYOR, I MOVE TO APPROVE ZDC 1 0 4 20 25.

A ZONING CHANGE AT 1183 LONE ELM ROAD FROM FUTURE DEVELOPMENT TO RURAL RESIDENTIAL.

AUTHORIZE INTERIM CITY MANAGER AND OR MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS.

SECOND.

WE HAVE A SECOND.

OKAY, WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

ITEM

[13. Public Hearing on a request by Lexi Cassels, Kimley-Horn, for a Zoning Change from a Commercial (C) zoning district to Planned Development-Multi-Family-2 and Planned Development-Commercial (PD-MF-2 & PD-C) zoning district, for a mixed-use development, located directly east of 2050 Conquest Boulevard, (Property ID 191630 & 191636) - Owner: B&T Realty Services Inc (ZDC-91-2024)]

13 IS A PUBLIC HEARING ON A REQUEST BY LEXIE CASTLES AND KIMLEY HORN FOR A ZONING CHANGE FROM A COMMERCIAL ZONING DISTRICT TO PLAN DEVELOPMENT MULTIFAMILY TWO AND PLAN DEVELOPMENT COMMERCIAL PD DMF TWO AND PDC ZONING DISTRICT FOR A MIXED USE DEVELOPMENT LOCATED DIRECTLY EAST OF 2050.

CONQUEST BOULEVARD.

OWNER IS B AND T REALTY SERVICES ZDC 91 20 24.

TRENTON, UH, THANK YOU.

THE APPLICANT IS REQUESTING A CONTINUANCE TO BE OCTOBER 20, 20, 25.

REGULAR SCHEDULED CITY COUNCIL MEETING.

I CAN ANSWER ANY QUESTIONS TO THIS.

OKAY.

WE HAVE A, UH, DO WE HAVE A MOTION? UH, LET ME CLOSE.

WELL, OKAY.

WE NEED A MOTION TO CONTINUE THIS ITEM.

MADAM MAYOR, I MOVE TO CONTINUE THE PUBLIC HEARING

[01:10:01]

FOR ZDC 91 DASH 2024 TO THE OCTOBER 20TH, 2025 MEETING.

SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

OKAY.

MOTION CARRIES.

THAT CLOSES THE PUBLIC HEARING, AND

[16. Public Hearing on a request by Quinn Foster, Manhard Consulting, for a Zoning Change from a Single-Family-1 (SF-1) zoning district to Planned Development – General Retail (PD-GR) zoning district located directly north of 2400 North US Highway 77 (Property ID 189302) – Owner(s): Snow Peach Legacy Family Holding Spendthrift Trust (ZDC-75- 2025)]

THAT MOVES US TO NUMBER 16, PUBLIC HEARING ON A REQUEST BY QUINN FOSTER, MANHAR CONSULTING FOR A ZONING CHANGE FROM A SINGLE FAMILY.

ONE SF ONE ZONING DISTRICT TO PLAN DEVELOPMENT GENERAL RETAIL ZONING DISTRICT LOCATED DIRECTLY NORTH OF 2,400 NORTH US HIGHWAY 77 OWNER SNOW PEACH LEGACY FAMILY HOLDING SPEND.

THRIFT TRUST, TRENTON.

THANK YOU.

THE PROPOSED REQUEST IS LOCATED AT 2,400 NORTH US HIGHWAY 77.

UH, THIS IS ON APPROXIMATELY 29.85 ACRES.

UH, THEY'RE REQUESTING TO REZONE THE PROPERTY TO PLAN DEVELOPMENT DISTRICT GENERAL RETAIL AT THE BASE.

THE PROPOSED REQUEST IS FOR A SAM'S CLUB.

UH, THE PROPOSED CLUB, UH, ONCE AGAIN, IS LOCATED DIRECTLY ACROSS FROM CARDINAL ROAD AS PART OF THEIR, AND THEIR DEVELOPMENT OF SAM'S CLUB CARDINAL ROAD WILL BE, UM, EXTENDED THROUGHOUT, UH, THROUGH THEIR PROPERTY, UM, AND EXTENDED, UH, WEST OR EAST ON THE SUBJECT PROPERTY, UH, TO THE EDGE OF THEIR PROPERTY LINE.

UM, SURROUNDING THE PROPERTY, UH, YOU HAVE, UH, INDUSTRIAL LIGHT, INDUSTRIAL, COMMERCIAL, UH, ALL ALSO INTO THE NORTH, SOUTH, EAST AND WEST.

UM, APPROXIMATELY, UM, 900 PLUS FEET AWAY, YOU DO HAVE SOME RESIDENTIAL AND TO THE, UH, TO THE SOUTH, UH, EAST U YOU HAVE ADDITIONAL SINGLE FAMILY RESIDENTIAL.

UH, THE POS, UH, FUTURE LAND USE PLAN DOES CALL THIS TO BE, UH, COMMERCIAL URBAN VILLAGE.

UM, AND THERE'S A SLIVER OF IT THAT IS WITHIN THE, UM, INDUSTRIAL, UH, LAND USE MODULE.

AS PREVIOUSLY MENTIONED, UH, INTERCOURSE WE'RE A 2024 THOROUGH FAR PLAN.

UM, AS YOU CAN SEE, THE SUBJECT PROPERTY HERE HIGHLIGHTED IN BLUE.

UM, YOU CAN SEE CARDINAL ROAD, UH, COMING WINDING THROUGH THE PROPERTY, UH, TO THE EDGE.

UH, THEY WOULD BE CONSTRUCTING THAT PORTION OF CARDINAL ROAD.

UH, THIS, UH, CARDINAL ROAD HAS BEEN ON OUR THOROUGHFARE PLAN FOR MANY YEARS NOW.

UM, SO THIS PORTION WOULD ACTUALLY TRIGGER, UH, MANY DIFFERENT THINGS.

IT WOULD ALLOW THE CITY TO EXTEND CARDINAL ROAD TO THE EAST, UM, IN CONJUNCTION WITH THIS DEVELOPMENT AND ALSO, UH, TRIGGERING PORTIONS OF IT BEING DEVELOPED TO THE WEST.

THANK YOU, TRENTON.

UM, OKAY, GO AHEAD.

SORRY ABOUT THAT.

UM, I'M MORE THAN HAPPY TO BE DONE.

BE DONE IF YOU'D LIKE.

UM, JUST A COUPLE MORE ITEMS. OKAY.

.

SORRY.

NO, YOU'RE, YOU'RE OKAY.

HEY, YOU PAUSE.

I HAD A PAUSE THERE.

WE WERE MOVING ON.

.

I HAD A PAUSE.

I APOLOGIZE.

MAYOR.

UM, THE, THE PRIMARY OPERATING HOURS IS MONDAY THROUGH SATURDAY, 8:00 AM TO 8:00 PM SUNDAY, 10:00 AM TO 6:00 PM THEY'RE APPROXIMATELY HAVE 210 EMPLOYEES, UM, 12 FUEL STATIONS.

THE STORE IS ABOUT 166,000 SQUARE FEET.

UM, THE DELIVERY TRUCKS ARE GONNA BE REQUIRED TO, UM, AS THEY IN AND AROUND CARDINAL ROAD GOING INTO THE DEVELOPMENT, THEY WILL BE REQUIRED TO EXIT OUT OF NORTH GROVE ROAD.

I'M PULL DOWN THE, UH, SITE PLAN SO YOU CAN SEE AND HAVE A BETTER UNDERSTANDING OF WHAT'S GOING ON.

WHEN I JUST MENTIONED THAT, UM, THERE'S GONNA BE FOUR POINTS OF ACCESS, INGRESS, EGRESS ON THE SUBJECT PROPERTY, THREE POINTS OF THOSE ACCESS WILL BE LOCATED ON CARDINAL ROAD, UM, AND ONE POINT OF ACCESS ON NORTH GROVE ROAD, GROVE CREEK, UH, UH, GROVE, APOLOGIZE ABOUT GROVE, UH, GROVE CREEK.

GROVE CREEK.

APOLOGIZE ABOUT THAT.

GROVE C GROVE CREEK ROAD.

UM, THE TRUCK TRAFFIC WILL BE, UH, MAKING DELIVERIES.

THEY WILL BE REQUIRED TO FOLLOW A CERTAIN, UH, PATHWAY, UH, COMING INTO THE REAR OF LAW.

AND THEN CAR OFF CARDINAL ROAD COME IN.

AS YOU CAN SEE, MY MOUSE COMING UP TO THE REAR, UM, INTO THESE PARKING AREAS.

UM, WHEN THEY EXIT, THEY WILL BE REQUIRED TO LEAVE OUT GROVE CREEK ROAD RIGHT HERE AND EXIT.

ADDITIONALLY, UM, THEY DO MEET ALL OF OUR PARKING STANDARDS.

UM, AS YOU CAN SEE, UM, THEY ACTUALLY EXCEED OUR PARKING STANDARDS, AND THERE'S A FEW OTHER ITEMS, UH, THAT THEY DO EXCEED IN THEIR PROPOSED REQUEST.

HERE'S A CLOSER LOOK AT THEIR, UH, PARKING BAYS FOR THOSE TRUCKS.

UM, THE, THE CLOSEST PARKING BAY TO CLOSEST PORTION OF SINGLE FAMILY RESIDENTIAL IS OVER 900, UH, FEET AWAY, AS PREVIOUSLY MENTIONED.

AS PART OF THIS, UH, PROPOSED DEVELOPMENT.

IN ADDITION TO CARDINAL ROAD, THEY'RE GONNA BE REQUIRED TO DO OTHER IMPROVEMENTS.

UM, ON HIGHWAY 77, UM, ALSO GROVE CREEK ROAD, THEY WILL BE PUTTING A PORK SHOP ONTO, UH, GROVE CREEK ROAD.

UH, REQUIRING TRAFFIC TO MAKE RIGHT IN RIGHT OUT TURNS ONLY ADDITIONALLY ON A HIGHWAY SEVEN

[01:15:01]

SEVEN, UH, GOING TO FUTURE CARDINAL ROAD, UH, THEY WILL BE REQUIRED TO DO A TURN LANE, UM, AND A DECELERATION LANE.

UM, AS PART OF THE TIA, THEY WILL BE REQUIRED TO MAKE ANY ADDITIONAL, UH, CHANGES OR, UM, ADDITIONS THAT THE TIA DOES REQUIRE AND CALL OUT.

HERE'S A CLOSER LOOK AT THE ALIGNMENT OF CARDINAL ROAD.

ONCE AGAIN, THIS MAY VARY A LITTLE BIT, BUT HERE'S THE GENERAL LOCATION LAYOUT OF CARDINAL ROAD.

IT WILL, UH, RUN PARALLEL WITH A PORTION OF GROVE CREEK ROAD.

AS YOU CAN SEE RIGHT HERE.

HERE'S A PROPOSED LANDSCAPE PLAN.

UH, THEY DID GO AHEAD AND, UH, ON CARL ROAD, THEY WILL HAVE A MEDIAN, WHICH WILL ALSO, AS ONE OF THE CONDITIONS, WILL INCLUDE, UH, LANDSCAPING WITHIN THE MEDIAN.

UH, A LOT OF THEIR LANDSCAPING, THEY DID ADD ADDITIONAL LANDSCAPING, UH, PER STAFFS REQUEST.

THEY DID ADD HEAVIER LANDSCAPING ALONG THE REAR OF THE PROPERTY TO HELP CREATE AN ADDITIONAL BUFFER BETWEEN THEM AND THE RESIDENTIAL PROPERTY.

LOCATED APPROXIMATELY 900 PLUS FEET AWAY FROM THE SUBJECT PROPERTY.

HERE'S THE AREA WHERE THEY DID, UH, INCREASE THE LANDSCAPING, UH, ESPECIALLY WHERE THESE TRUCKS WILL BE PARKING AND LOADING, AND THEN COMING BACK OUT.

UM, DISCUSSION WAS PUT WHERE THEY'VE CHANGED THE RADIUS TO ALLOW FOR THESE TRUCKS TO BACK OUT PROPERLY AND BE ABLE TO EXIT OUT TO THE NORTH OF THE LOT ONTO GROVE CREEK ROAD.

UH, SAM'S CLUB, UH, AS PART OF THIS REQUIREMENT, THEY DO MEET OUR ARTICULATION REQUIREMENTS, BOTH HORIZONTAL AND VERTICAL, UM, ARTICULATION REQUIREMENTS.

THE SIGNAGE WILL BE CONSISTENT WITH WHAT YOU'VE SEEN IN OTHER STEMS CLUBS, UM, ACROSS THE COUNTRY.

UM, IT DOES MEET OUR SIGN REC, UH, SIGN CODE REQUIREMENTS.

HERE'S A BREAKDOWN THERE.

HERE'S A BREAKDOWN OF THEIR ARTICULATION, UH, SHOWING ON DIFFERENT, ON THE DIFFERENT ELEVATIONS, BOTH THE SIDE REAR AND FRONT.

HERE'S THE ELEVATIONS FOR OUR FUELING STATIONS, THE 12 FUELING STATIONS AS PRE AS PREVIOUSLY MENTIONED.

UM, ONCE AGAIN, SIGNAGE IS CONSISTENT WITH OUR SIGN CODE.

UM, THIS ALSO DOES MEET OUR, UH, DEVELOPMENT REQUIREMENTS FOR LOCATION, UH, DISTANCE REQUIREMENTS, SPACING, ET CETERA.

UH, WHEN THIS WENT BEFORE THE PLANNING ZONING COMMISSION, UH, THE PLANNING ZONING COMMISSION DID RECOMMEND APPROVAL WITH CONDITIONS LISTED IN YOUR STAFF REPORT.

UH, STAFF AMOUNT NOTICES, UH, TO ALL PROPERTY OWNERS WITHIN 200 FEET OUTSIDE OF THE PROPERTY, OWNERS WITHIN 200 FEET, STAFF HAS RECEIVED, UH, OR WITHIN THE 200 FEET, STAFF HAS RECEIVED SIX HOURS OF SUPPORT, 10 LAYERS OF OPPOSITION, UH, FOR THE PLAN DEVELOPMENT REQUEST.

ADDITIONALLY, SAP HAS RECEIVED A, UH, A PACKET OF OPPOSITION FROM PEOPLE OUTSIDE OF THE 200 FEET, UH, WITH APPROXIMATELY 47 SIGNATURES ON IT IN OPPOSITION TO THE REQUEST.

HERE'S AN APPROXIMATE MAP, UH, SHOWING THE LETTERS OF SUPPORT, UH, WITHIN THE 200 FEET, LETTERS OF OPPOSITION WITHIN, UH, BOTH INSIDE AND OUTSIDE THE 200 FEET, UH, BY REQUIREMENTS IN MANDATE WITH, UH, LOCAL AND STATE LAW.

AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THANK YOU, TRENTON.

OKAY, SO THIS IS A PUBLIC HEARING, AND BECAUSE I WANT EVERYONE TO HAVE THE OPPORTUNITY TO GET UP AND SPEAK ON THIS ITEM THAT WANTS TO, BEFORE YOU COME UP, KNOW EVERYTHING YOU'RE GONNA ASK OR SAY OR, OR WHATEVER YOU WANT TO DELIVER TONIGHT, UM, I, I DON'T WANT YOU TO GO BACK TO YOUR CHAIR AND THEN THINK OF OTHER THINGS, AND THEN YOU'RE GONNA COME UP SEVERAL TIMES AND SOMEBODY'S NOT GONNA GET AN OPPORTUNITY TO SPEAK.

SO IF YOU HAVE A COMMENT OR YOU HAVE SOME THINGS YOU WANNA SPEAK ON THIS ITEM FAR OR AGAINST, PLEASE COME TO THE PODIUM, GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY.

AND WE DO HAVE THE APPLICANT HERE THAT DOES HAVE A PRESENTATION THEY'D LIKE TO SHARE.

OKAY.

AGAIN, NOT DISCUSS .

UH, GOOD EVENING, MAYOR WALLACE AND, UH, MEMBERS OF THE COUNCIL.

UH, THANK YOU, ALBERT AND TRENTON.

UH, MY NAME IS IVAN HYMAN.

I'M THE DIRECTOR OF GOVERNMENT AFFAIRS FOR WALMART AND SAM'S CLUB.

UH, IT'S A PLEASURE TO BE HERE WITH YOU TODAY.

I'M JOINED BY OUR DIRECTOR OF OPERATIONS FOR GREATER DFW, MR. JOHN GASTON, UH, MR. JIMMY LEY, WHO'S OUR DIRECTOR OF PROJECT MANAGEMENT AND OUR REAL ESTATE DIVISION HERE FROM BENTONVILLE, ARKANSAS.

UH, ALSO BY MATT SMITH, WHO'S OUR CIVIL ENGINEER, UH, CONTRACTOR ON THE PROJECT.

AND, UM,

[01:20:01]

OUR COLLEAGUE OVER HERE AS WELL, QUINN, UH, FOSTER, WHO, WHO SUBMITTED THE APPLICATION.

UM, AND WE JUST WANNA BE ABLE TO ANSWER ANY QUESTIONS THAT Y'ALL MIGHT HAVE WITH THE APPROPRIATE EXPERT.

SO WE MIGHT BE TRADING PLACES, UH, HERE A LITTLE BIT, DEPENDING ON OUR OWN EXPERTISE.

I'LL TRY TO GO BY QUICKLY.

I THINK THAT, UH, YOU ALL MIGHT BE FAMILIAR, BUT I DID WANT EVERYBODY TO HAVE THE SAME INFORMATION FOR THE QUESTIONS, MAYOR, SO THAT AS THEY'RE THINKING ABOUT IT, THEY KNOW WHAT, YOU KNOW, WHAT WE'RE TALKING ABOUT.

UH, THIS IS A $55 MILLION INVESTMENT FOR SAM'S CLUB, UH, IN, IN THIS, UH, CENTER.

MANY OF THOSE FUNDS WOULD FILTER DOWN THROUGH THE ECONOMY, UH, AS WE HAVE EMPLOYEES AND SUBCONTRACTORS AND CONTRACTORS COMING INTO TOWN, STAYING IN HOTELS, UH, WORKING ON THE SITE EVERY DAY, EATING AT LOCAL RESTAURANTS, STAYING IN HOTELS, SOMETIMES RENTING CARS, UH, PATRONIZING THE, THE LOCAL BUSINESSES.

UH, SO THAT, UH, THAT'S A NUMBER THAT IN LARGE PART FILTERS THROUGH THE ECONOMY.

UH, THE SITE WILL BE ABOUT 30 ACRES, UH, IN THE ACTUAL SQUARE FOOTAGE OF THE FACILITY WOULD BE 166,000 SQUARE FEET.

UH, IT IS, UH, ONE OF OUR STORE THE FUTURE CONCEPT CLUBS, UM, WHICH IT WILL REALLY BE ONE OF THE FIRST, DEPENDING ON HOW QUICKLY WE COME IN, UM, INTO THE MARKET.

UH, FIRST OF ABOUT HALF DOZEN OR SO, SAM'S CLUBS THAT WE'VE BEEN BEGUN BUILDING.

UH, THE COMPANY HAD STOPPED BUILDING NEW BRICK AND MORTAR FACILITIES IN ABOUT 2017, UM, AT THE HEIGHT OF THE E-COMMERCE REVOLUTION.

AND PEOPLE WERE SHOPPING ONLINE MORE AND MORE, AND THE COMPANY JUST WASN'T SURE REALLY, HOW MANY PEOPLE WOULD STILL BE COMING INTO BRICK AND MORTAR, OR WHAT THE FUTURE OF RETAIL WOULD LOOK LIKE.

AND ON, ON THE HEELS OF THAT, WE ALSO ENTERED THE PANDEMIC WHEN PEOPLE REALLY STARTED NOT REALLY COMING INTO STORES FOR DIFFERENT REASONS.

UH, PREDOMINANTLY A FEAR OF OF COMING INTO, UH, DENSELY, YOU KNOW, UH, VISITED AREAS.

BUT COMING OUTTA THE PANDEMIC, THE RETAIL BUSINESS HAS COME ON VERY STRONGLY IN WHAT WE CALL WALMART CALLS IT, THE OMNICHANNEL AND SAM'S CLUB.

UH, OTHERS CALL IT KIND OF LIKE A HYBRID MODEL, BUT IT'S ESSENTIALLY A RETAIL FACILITY THAT ALSO HAS, UH, THE ABILITY TO PROVIDE ONLINE PICKUP OR DELIVERY.

SO WE HAVE THE ABILITY TO CHOOSE CERTAIN PRODUCTS THAT YOU'RE WANTING TO SHOP FOR AND DELIVER 'EM DIRECTLY FROM THE STORE WHERE THEY'RE NOT COMING FROM CENTRAL DISTRIBUTION CENTERS OR COMING DIRECTLY FROM YOUR STORE.

UM, WE EXPECT TO EMPLOY ABOUT 220 ASSOCIATES.

THAT COULD BE A LITTLE BIT LOWER THAN THAT.

UH, AT THE BEGINNING.

IT COULD INCREASE SIGNIFICANTLY MORE THAN THAT, DEPENDING ON THE, ON THE, ON HOW THE FACILITY DOES.

WE'RE HOPING TO EMPLOY AS MANY AS PO UH, AS POSSIBLE FOLKS ON THERE.

BACK TO THE STORY OF THE FUTURE.

I ALREADY MENTIONED IT'S A FOCUS ON TECHNOLOGY, INNOVATION, AND CONVENIENCE.

WE ONLY HAVE TWO OF THIS TYPE, UH, THAT WE HAVE CONSTRUCTED RECENTLY.

ONE WAS IN GRAPEVINE, UH, WHERE WE HAD A, A SAM'S CLUB, UH, THAT WAS DAMAGED BY A TORNADO.

UH, AND THEY GET THAT GAVE US THE ABILITY ACTUALLY TO RECOVER FROM THAT AND TO CONSTRUCT A NEW, UH, SAM'S CLUB.

I INVITE YOU TO VISIT IT IF YOU HAVEN'T YET.

THE TECHNOLOGY IS QUITE AMAZING.

YOU'RE SCANNING AS YOU'RE GOING, AND YOU BASICALLY WALK OUT OF THE FACILITY, UH, WITHOUT HAVING TO SPEND TOO MUCH TIME THERE ON THE CHECKOUT STANDS.

IT, IT REALLY IS PRETTY NEAT TO SEE.

UM, THE VALUE PROPOSITION THAT WE BRING TO THE COMMUNITY AND TO ALL OF OUR MEMBERS IS EVERYDAY LOW PRICES ON FOOD, FUEL, UH, PHARMACY, VISION, AUTOMOTIVE SERVICES, AMONG OTHER THINGS.

UH, THAT HAS ALWAYS BEEN WALMART AND SAM'S CLUB'S, UH, VALUE PROPOSITION.

THAT'S WHAT'S MADE US THE, A LEADING RETAILER IN THE WORLD, IS THE ABILITY TO PROVIDE GOODS AND SERVICES AT THE BEST POSSIBLE PRICE FOR OUR MEMBERS.

UM, THE FACILITY WILL BE SAFE AND SECURE.

SAM'S CLUB, UH, HAS A STERLING RECORD ON PROVIDING FRIENDLY, EXCITING, EASILY ACCESSIBLE FACILITIES FOR OUR CUSTOMERS.

UH, WE HAVE ASSET PROTECTION TEAMS, AND WE HAVE, UH, TEAM MANAGEMENT TEAMS THAT WORK VERY CLOSELY WITH LAW ENFORCEMENT, WITH COMMUNITIES, AND ARE VERY AGGRESSIVE ABOUT KEEPING RES SAFE AND SECURE.

UM, AND THEN AS YOU, AS WAS MENTIONED BY TRENTON, THERE WILL ALSO BE SOME BENEFITS IN TERMS OF INFRASTRUCTURE UPGRADES THAT WE MAKE AS PART OF OUR COMMITMENT TO THE CITY.

WE, UH, HAVE, UH, FOR 10 YEARS IN A ROW, WE'VE BEEN VOTED BY, UH, JD POWER AND ASSOCIATES AS THE BEST RETAIL PHARMACY.

UH, OUR PHARMACY IS SOMETHING THAT WE TAKE A LOT OF PRIDE IN.

UH, YOU'LL NOTICE THAT THERE ARE BIGGER, WHENEVER YOU GO INTO OUR SAM'S CLUBS, OUR PHARMACIES ARE BIGGER.

THEY HAVE EXAM ROOMS. UH, WE'RE ABLE TO PROVIDE MORE SERVICES, AND WE LIKE TO BRING MORE AND MORE SERVICES TO OUR CUSTOMERS AS POSSIBLE.

UM, WE HAVE THE ABILITY TO DELIVER YOUR PRESCRIPTIONS AS PART OF YOUR MEMBERSHIP, UH, WITH SAM'S CLUB ON THE SAME DAY.

YOU ORDERED 'EM ON THE APP.

THEY ARRIVE ON THE SAME DAY FROM OUR PHARMACY.

UH, IF YOU DON'T WANT TO GO IN PERSON, WE WILL ALSO OFFER OPTICAL SERVICES AS WELL AS HEARING SERVICES WHERE YOU CAN GET EYE EXAMS, HEARING TESTS, AND BE ABLE TO PURCHASE, UH, GLASSES OR HEARING AIDS, UH, AT THAT LOCATION.

WE, UH, AS I MENTIONED, WE HOPE TO BE A KEY ECONOMIC DRIVER.

UH, JOBS AT TAMS CLUBS ARE HIGHLY, UH, DESIRED.

UH, WE DO PROVIDE BENEFITS TO OUR ASSOCIATES AND, UM, SOMETHING THAT IS VERY POPULAR WITH OUR ASSOCIATES AS WE PROVIDE FREE COLLEGE.

UM, AND THAT DOESN'T HAVE TO BE JUST FOR YOUNGER EMPLOYEES.

IT COULD BE FOR EMPLOYEES AT ANY STAGE OF THEIR CAREER.

UM, ESPECIALLY WITH TECHNOLOGY AND THE WAY THAT THINGS ARE GOING.

WE GET A LOT OF ASSOCIATES

[01:25:01]

THAT COME IN WHEREVER THEY'RE IN THEIR CAREER, AND THEY'RE LOOKING FOR MORE TRAINING, DIFFERENT SKILLING, AND THE ABILITY TO BE ABLE TO LEARN DIFFERENT SKILLS AND DIFFERENT, UH, TOOLS.

UH, AND THAT'S SOMETHING WE TAKE A LOT OF PRIDE IN.

AND AS SOME OF THAT SKILLING HAS TAKEN PLACE, YOU'VE SEEN AN INCREASE IN WAGES, UH, OF ABOUT 30% OVER THE LAST FIVE YEARS OR SO.

UH, SO NOW THE, UH, AVERAGE WAGES AT THE SAM'S CLUB IS ABOUT 18 TO $20.

UH, WHENEVER YOU COME IN, THAT'S, YOU KNOW, MORE THAN DOUBLE OR TRIPLE THE MINIMUM WAGE.

THERE'S NO MINIMUM WAGE JOBS WHEN YOU COME IN.

YOU'RE DOING TECHNOLOGY, CUSTOMER SERVICE OF SOME SORT WHEN YOU COME INTO A SAM'S CLUB.

AND AS I MENTIONED, WE TAKE A LOT OF PRIDE IN TRAINING, RE-SKILLING, AND PROVIDING OUR ASSOCIATES UPWARD MOBILITY SO THEY CAN GET INTO MANAGEMENT.

AND AS WE'RE BACK, BACK INTO GROWTH MODE, THERE'S A LOT OF OPPORTUNITIES TO DO TRANSFERRING AND DOING DIFFERENT EXCITING THINGS.

UH, WE HAVE, UM, UH, I DON'T KNOW WHAT HAPPENED WITH THIS SLIDE HERE, UH, , IT GOT REALLY DISTORTED, BUT, UH, SAM'S CLUB DOES, UH, PHILANTHROPY REALLY, REALLY WELL.

AGAIN, INDUSTRY LEADING, UM, PHILANTHROPY.

THERE'S A, A LOT OF PRODUCT DONATION TO FOOD BANKS AND TO LOCAL FACILITIES, UH, AND NONPROFIT ORGANIZATIONS.

THERE'S ALSO GRANT PROGRAMS FOR, YOU KNOW, TO JUST NAME A FEW OPPORTUNITIES THAT MIGHT COME UP.

YOU HAVE THE BAND IS GOING TO A COMPETITION OUTTA STATE, AND THEY'RE LOOKING TO SEE IF YOU WOULD DONATE SOME WATERS, SOME SNACKS, UH, SOMETHING THAT WE CAN DO VERY EASILY.

YOU HAVE, YOU KNOW, YOU WANT TO REWARD SOME TEACHERS OR A COMMUNITY CENTER.

SOMEBODY'S DOING SOMETHING NICE.

OUR, OUR BAKERY CAN COOK, YOU KNOW, BAKE A, A CAKE AND DONATE IT.

AND WE DO A LOT OF STORE ENGAGEMENT AS PART OF JUST, IT'S GOOD FOR, FOR BUSINESS TOO.

IT'S NOT JUST GOOD FOR THE COMMUNITY, IT'S GOOD FOR OUR BUSINESS.

UM, AND THEN WE, WE REALLY DO VERY WELL IN TERMS OF, UH, DISASTER RESPONSE AND RELIEF.

UH, AS WE'RE SEEING MORE AND MORE STORMS AND MORE AND MORE, UH, STRONGER HURRICANES AND THE LIKE, WE HAVE THE ABILITY TO REALLY USE OUR SUPPLY CHAIN FOR GOOD.

WE HAVE EXISTING WAREHOUSES.

WE HAVE WATER.

OFTENTIMES WE CAN GET INTO A LOCATION SOONER THAN THE GOVERNMENT.

UH, SO WHENEVER WE HAD THE DISASTROUS FLOODS IN KERRVILLE, WE RECEIVED A LOT OF CALLS FROM, FROM STATE OFFICES SAYING, HEY, HOW QUICKLY CAN YOU, CAN YOU, UH, PARDON, I WAS GONNA USE THE TERM FLOOD.

OBVIOUSLY THERE WAS A VERY SEVERE AND TRAGIC FLOOD, BUT HOW SOON CAN YOU DELIVER SUPPLIES IN THERE? HOW QUICKLY CAN YOU GET IN THERE? 'CAUSE IT'S GONNA TAKE US AS A GOVERNMENT A LITTLE BIT LONGER TO RAMP UP.

WELL, WE HAVE A SUPPLY CENTER IN TEMPLE BILL, UH, IN TEMPLE, AND WE HAVE ONE IN NEW BRAUN FALLS.

SO WE CAN GET IN THERE IN FOUR HOURS.

OKAY? SET UP A FEEDING STATION, SET UP SHOWER STATIONS, LET'S GET OUR PEOPLE, UH, SERVED.

AND THAT'S, THAT'S PART OF WHAT WE BRING IN AS PART OF OUR COMMITMENT TO THE CITY.

OUR TAX REVENUE ALSO, UH, WILL BE SIGNIFICANT FOR THE CITY.

WE ESTIMATE IT'LL BE ANYWHERE FROM ONE AND A HALF TO TWO AND A HALF MILLION DOLLARS A YEAR.

THAT IS SOMETHING THAT A LOT OF GROWING, GROWING CITIES LIKE WAXAHATCHEE APPRECIATE.

UH, IT GIVES YOU THE ABILITY TO PLAN AHEAD.

I MEAN, BARRING ANY SORT OF JUST TERRIBLE ECONOMIC SITUATION.

UM, THESE REVENUES TEND TO BE PRETTY CONSISTENT.

UH, IT'LL ALSO ALLOW WAXAHATCHEE, I MEAN, WE HAVE FIGURES THAT SHOW THE LEAKAGE, AS WE CALL IT, BUT IT'S BASICALLY SALES THAT ARE GOING FROM WAXAHATCHEE AND THEY'RE SHOPPING AT OTHER, WHETHER IT'S AT OTHER COMPETING, UH, AREAS OR WITHIN SAM'S CLUB, BUT IN DIFFERENT LOCATIONS.

SO WE THINK YOU'LL BE ABLE TO CAPTURE A LOT OF THOSE TAXES THAT RIGHT NOW ARE LEAVING.

UM, AND THOSE TAXES ARE USUALLY USED BY LOCAL MUNICIPAL GOVERNMENTS TO FUND EMERGENCY RESPONSE, WHETHER IT'S FIRE TRUCKS, POLICE VEHICLES, UH, ADDITIONAL STAFF PARKS, SCHOOLS, AND THE LIKE.

UH, AND THE LAST TWO I GOT, NOT IMPLYING THAT WE HAVE HAD ANYTHING TO DO WITH THESE FUNDINGS, BUT I FOUND WAXAHATCHEE SCHOOL AND WAXAHATCHEE PARK, UH, ONLINE.

AND SO I JUST PUT THOSE ON THERE.

UH, AND, AND I WAS GONNA MENTION THAT ALL THE PRACTICE I DID FOR THIS PRESENTATION, I PRACTICED PRONOUNCING WAH, RIGHT? AND IT'S NOT THAT I DON'T KNOW HOW IT'S PRONOUNCED, IT'S MY ACCENT, SO IT DOESN'T ALWAYS LET ME PRONOUNCE IT RIGHT.

SO I KEPT GOING, W WAH W THE WHOLE WAY OVER HERE.

UH, DON'T MAKE ANY DUMB MISTAKES.

UH, OKAY.

UH, COMING OUT OF THE, THE LAST, UH, MEETING THAT WE HAD WITH PLANNING AND ZONING, THE MAIN CONCERN WE, WE HEARD WAS UNADDRESSED.

UM, AND ONE OF THE REASONS ALSO, Y'ALL SAW THAT WE, UH, CONTINUE OR RESTATE OUR PRESENTATIONS FOR P AND Z AND FOR CITY COUNCIL, WE WANTED TO GET OUR TRAFFIC STUDIES DONE, WHICH WE HAVE COMPLETED AND SUBMITTED.

WE WERE ASKED BY, UH, PLANNING AND ZONING COMMISSION TO CONDUCT A, A STUDY, WHICH WE DID.

WE FOUND A GREAT SOUND ENGINEER.

UH, IT TOOK US A WHILE TO GET HIM OUT HERE, BUT WE WERE ABLE TO FINALLY SUBMIT THAT TO THE CITY.

AND MATT WILL COVER SOME OF THE, UH, FINDINGS OF THAT, UH, NOISE STUDY.

AND THEN WE'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

SO, MATT SMITH, CIVIL ENGINEER FOR THE PROJECT.

UH, SO AS WE TOUCH ON A LITTLE BIT, THERE'S STUDY AND STUDY DIDN'T RESULT IN ANY SIGNIFICANT INCREASE IN THE VOLUME THAT WE PRODUCED SPECIFICALLY FROM THE SITE.

SO IF YOU LOOK AT WHERE THEY TESTED, AND OUR GROUP TESTED FOR 24 HOURS, UM, ALONG SEVERAL LOCATIONS, UH, IN THE DEVELOPMENTS BOTH NORTH AND SOUTH OF THE PROPERTY.

UM, DECIBELS RANGE ANYWHERE FROM 40 TO, I THINK THE HIGHEST I SAW WAS CLOSE TO 60 DECIBELS EXISTING WITH NOISE COMING FROM 77,

[01:30:01]

UM, INCREASE AVERAGED, UM, ABOUT NET ZERO.

UM, THE LARGEST INCREASE THAT WE SAW, UM, WITH THE POTENTIAL MITIGATIONS THAT WE'RE ABOUT TO TALK ABOUT WAS ABOUT THREE DECIBELS, WHICH IS NOT REALLY DETECTABLE TO HUMAN EARS.

UM, THE BIGGEST SOUND SOURCE THAT WE'VE DETECTED, UH, IS GONNA BE FROM OUR REFRIGERATION UNITS IN THE, UH, REAR OF THE PROPERTY.

AND OUR CURRENT PLAN IS TO PUT A SOUND REDUCING WALL AROUND THOSE UNITS IN WHICH BRINGS US TO THE THREE DECIBELS INCREASE THAT WE'RE GONNA HAVE ON SOME OF THE PROPERTIES.

UM, IF YOU GO THROUGH THE REPORT, THERE'S A SIGNIFICANT NUMBER OF PROPERTIES THAT WILL ACTUALLY, UH, DECREASE IN NOISE AS A RESULT OF THE, UH, VEGETATION AROUND THE PROPERTY.

YOU WANT MORE PRESENTATION? UM, YEAH.

SO ONE THING THAT WE MISSED IS WE DID, UH, CHECK THE TRAFFIC, UM, IN THE 18 WHEELERS.

OBJECTION FORM.

UH, OH.

YOU WANT TO, YEAH.

DO YOU HAVE IT? OBJECTION.

OKAY, GO FOR IT.

SO, ONE OF THE QUESTIONS THAT WE GOT WAS SPECIFICALLY AROUND THE, UH, BEEPING FROM THE TRUCKS, UH, BACKING INTO THE, UH, DOCK STALLS.

UM, A COUPLE OF THINGS TO KEEP IN MIND THERE.

NUMBER ONE, THEY'RE NOT BACKING UP THAT LONG.

AND NUMBER TWO, THE AVERAGE DECIBELS FOR THOSE, UH, BACKUP BEEPS IS SOMEWHERE FROM 76 TO 91 DECIBELS.

UM, PER OUR REPORT, THE ROOFTOP UNITS FOR THE SITE ARE 89 TO 95 DECIBELS.

THE ROOFTOP FANS ARE 66 TO 89 DECIBELS, AND THE AIR HANDLER'S GONNA BE 89 DECIBELS ON SITE.

SO IT'S NOT A SUBSTANTIAL INCREASE FROM ANY OF THOSE THINGS.

AND ONCE YOU GET TO ANY OF THE PROPERTIES SURROUNDING THE, AGAIN, THE INCREASE IS ABOUT THREE DECIBELS, WHICH IS NOT REALLY PRESENT TO THE HUMAN EAR.

OKAY, THIS IS A PUBLIC HEARING IF YOU'D LIKE TO SPEAK ON THIS ITEM.

JUST A REMINDER, UH, ALL CONVERSATION WILL BE, UH, HERE AT THE PODIUM, UH, NO, UH, OUTBURST, UH, FROM THE AUDIENCE, IF YOU HAVE SOMETHING TO SAY, UH, WE WILL GIVE YOU AN OPPORTUNITY TO DO THAT AT THE PODIUM.

JUST GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY, KEVIN STRENGTH, 3 3400 PASS, ATCH, TEXAS 7 5 1 6 5.

I'M HERE REPRESENTING MAYOR COUNCIL.

I'M HERE REPRESENTING, UH, THE WALKS AT THE CHAMBER OF COMMERCE, AND WE'RE IN FULL SUPPORT OF SAM SAM'S COMING, AND WE'RE EXCITED ABOUT 'EM COMING HERE AND, AND, UH, LOOKING FORWARD TO IT.

WE'RE LOOKING, WELL, YOU KNOW, I'M THE WORKFORCE BOARD.

WE'RE LOOKING FOR JOBS ALL THE TIME.

OPPORTUNITIES FOR, FOR OUR PEOPLE.

WE WORK CLOSE TO HOME, SO WE'RE IN 100% COMPLETE SUPPORT OF SAM'S COUNTY.

THANK YOU.

ANYONE ELSE, PLEASE COME TO THE PODIUM.

GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY, KATHLEEN BOWEN, 5 27 WEST JEFFERSON STREET.

UM, AND I DON'T HAVE A PROBLEM WITH SAM'S CLUB.

I THINK THEY'RE GREAT.

I THINK THE LOCATION IS REALLY BAD.

UM, MY MAJOR CONCERN THAT I'M GONNA SPEAK ABOUT, BECAUSE IT'S ALMOST MY BEDTIME, UM, IS SAFETY.

UM, AND THESE NICE GENTLEMEN, WERE AT A MEETING THIS SUMMER AT THE POLICE STATION, AND I BROUGHT UP THE QUESTION, YOU KNOW, FOR PEOPLE THAT LIVE IN THE BROOK BEND AREA, LET, LET'S SAY THERE'S AN EMERGENCY SITUATION, AN AMBULANCE HAS TO GO INTO THE NEIGHBORHOOD.

SO THEY, YOU KNOW, DRIVE NORTH ON 77, TURN ON GROVE CREEK ROAD, PICK UP THE, THE SICK PERSON, AND THEN THEY NEED TO GO BACK TO THE HOSPITAL.

HOW DID THEY GET THERE? AND I, I THINK IT WAS IVAN THAT ANSWERED, UM, YOU KNOW, THEY CAN JUST CUT THROUGH OUR PARKING LOT.

WELL, THAT, THAT'S ANOTHER UNSAFE SITUATION.

SO, YOU KNOW, UNTIL THIS THOROUGHFARE IS BUILT AND ALL THAT STUFF, WE'RE, THIS IS A, A REALLY UNSAFE SITUATION FOR THE PEOPLE THAT LIVE THERE.

UM, YOU KNOW, CUTTING THROUGH THE PARKING LOT IS NOT RESPONSIBLE.

PLANNING AND DEVELOPMENT.

UM, I THINK WE NEED TO TAKE THE SAFETY AND WELLBEING OF OUR CITIZENS, THE RESIDENTS WHO LIVE THERE INTO CONSIDERATION.

SO THANK YOU.

NEXT, ANYONE ELSE WANNA SPEAK ON THIS ITEM FAR OR AGAINST? COME ON UP.

UH, MY NAME IS RODNEY HOPPER.

I LIVE AT ONE 10 BROOK BEND DRIVE, AND WAXAHATCHEE, UH, TEXAS 7 5 1 6 5 JUST TO THE EAST OF, UH, OF THIS MAP.

UM, BEFORE I START, MISSY, MY DAUGHTER ACTUALLY RIDES AT CAMPFIRE CREEK.

UM, THEY DO AMAZING WORK.

EMILY AND CHRIS AND ABIGAIL.

SHE RIDES A HORSE NAMED SILVER.

THEY'RE AMAZING.

WORKS BUILT HER SELF-CONFIDENCE AMAZINGLY, SO THANK YOU FOR THAT.

UM,

[01:35:01]

OKAY, SO I THINK ONE OF THE BIG, THE ONE OF, ONE OF THE BIG THINGS FOR ME IS, WELL, IT'S TRAFFIC.

YOU'RE GONNA HEAR THAT TRAFFIC, IT'S TRAFFIC IS TRAFFIC, RIGHT? UM, SO IF YOU LOOK AT A MAP OF THE SAM'S CLUBS, RIGHT? IF YOU GO NORTH, THE CLOSEST ONE IS DUNCANVILLE.

IF YOU GO WEST, THE CLOSEST ONE IS MANSFIELD, YOU GO EAST, CLOSEST ONE IS TYLER, TEXAS, YOU GO SOUTH, THE CLOSEST ONE IS WACO, TEXAS, YOU GO SOUTHEAST, IT'S LUFKIN, TEXAS.

THIS IS GOING TO BE A DESTINATION, RIGHT? THIS IS GOING TO GET A LOT OF OUT OF TOWN TRAFFIC.

AND I, AND I UNDERSTAND THAT OUT OF TOWN TRAFFIC IS, IS GOOD BECAUSE IT BRINGS IN OUT OF TOWN SALES TAX TO WAXAHATCHEE AND THAT HELPS US, RIGHT? IT HELPS PROVIDE PUBLIC SERVICES, IT HELPS KEEP OUR PROPERTY TAXES LOW.

UM, I UNDERSTAND ALL THAT, BUT IT IS, IT'S THE LOCATION.

WE'RE TALKING ABOUT FUNNELING AN ALREADY CONGESTED AREA.

WE'RE TALKING ABOUT FUNNELING A LOT OF OUT OF TOWN TRAFFIC INTO AN AREA THAT'S ALREADY, THAT'S ALREADY CONGESTED.

WE, WE ALREADY HAVE, WE HAVE BUMPER TO BUMPER TRAFFIC IN WAXAHATCHEE, RIGHT? WHICH IS AMAZING TO ME.

I'VE LIVED HERE SINCE ABOUT 2003.

I CANNOT IMAGINE THAT THERE'S BUMPER TO BUMPER TRAFFIC IN WAXAHATCHEE, BUT THERE IS ON 77 AT MULTIPLE POINTS IN THE DAY.

IT'S NOT THAT, IT'S JUST, WELL, IT'S OKAY, IT'S AT FIVE O'CLOCK, NO, TWO, TWO O'CLOCK IN THE AFTERNOON TRYING TO GO DOWN 77.

IT'S, IT'S, IT'S A LOT.

UM, THE, SO I'VE BEEN A SAM CLUB MEMBER BEFORE.

I LIKE SAM'S CLUB.

UM, I JUST WISH I WOULD PUT IT SOMEWHERE ELSE.

IF, YOU KNOW, THERE'S A LOT OF COMMERCIAL REAL ESTATE FOR SALE OUT ON HIGHWAY 2 87, UM, I WOULD REALLY LOVE IF Y'ALL WOULD BUY THAT AND PUT IT THERE.

UM, I WOULD SHOP THERE IF Y'ALL DID THAT.

UM, THE OTHER THING IS, UM, IS A GROVE CREEK ROAD.

UM, I DON'T KNOW HOW MANY OF YOU HAVE BEEN ON GROVE CREEK ROAD LATELY.

UM, IT IS A VERY NARROW ROAD .

IT IS A VERY NARROW, WINDY ROAD.

UM, MY HOUSE IS ON THE CORNER OF BROOK BENNING GROVE CREEK ROAD.

UM, IT, WHEN I LOOK AT THE MAP OF HOW THEY PROPOSED TO GET THESE TRUCKS IN AND OUT OF HERE, I MEAN, I, I DON'T KNOW IF, IF THE SNOWMAN COULD MAKE A MANEUVER THAT GOOD, THAT WAS A, SORRY, THAT WAS SMOKE IN THE BANDIT REFERENCE.

UM, , IF YOU COULD MAKE A MANEUVER THAT WOULD ACTUALLY PULL YOU ON THERE.

THE OTHER THING IS, I HEAR THAT THERE, YOU KNOW, THERE'S TALK OF EXPANDING ROAD CREEK ROAD TO ACCOMMODATE THAT.

THE PROBLEM IS YOU HAVE UTILITY POLES ON BOTH SIDES OF GROVE CREEK ROAD.

I'M NOT SURE HOW MUCH YOU CAN ACTUALLY EXPAND IT WITHOUT MOVING THE POLES.

SO I, I DON'T THINK, NOT ONLY CAN 77 NOT SUPPORT THIS LEVEL OF TRAFFIC, UM, I DON'T THINK GROVE CREEK ROAD CAN SUPPORT THAT KIND OF TRAFFIC.

UM, EVEN EVEN WITH A PROPOSED EXPANSION.

UM, AND I JUST DON'T , I DON'T KNOW HOW AN 18 WHEELER IS GOING TO MAKE THAT MANEUVER SAFELY.

UM, AND YOU KNOW, SELFISHLY THIS IS, THIS IS OUR, THIS IS OUR OUTLET TO GET ONTO 77 AND ACCESS THE REST OF THE CITY.

IT'S EITHER THAT OR WE GO BACK ROADS DOWN, YOU KNOW, EIGHT 13 AND, UH, BROWN AND EVERYTHING.

BUT, BUT THAT'S, THIS IS OUR MAJOR.

THIS IS OUR MAJOR ACCESS TO THE CITY.

AND, UM, AND NOT ONLY ACCESS TO THE CITY, BUT WHEN WE'RE COMING HOME FROM OUR JOBS, THIS IS HOW WE GET HOME.

YOU KNOW, AND ANYTHING THAT KIND OF EXTENDS THAT TIME, I FEEL LIKE IT'S GOING TO AFFECT OUR QUALITY OF LIFE OUT THERE.

UM, I JUST THINK IT'S, IT'S NOT, I THINK THAT AREA IS BUILT UP TOO MUCH TOO SOON.

AND I THINK THIS IS GOING TO BRING IN A LOT OF OUT OF TOWN TRAFFIC AND IT'S GOING TO EXACERBATE IT AND MAKE IT PRE IT.

I THINK IT'S GONNA BE A DISASTER ONCE IT'S, ONCE IT'S BUILT.

THANK YOU.

ANYONE ELSE? PLEASE COME TO THE PODIUM.

HELLO, MY NAME IS JENNIFER WICK AND I LIVE AT 2222 ABELLA DRIVE, WAXAHATCHEE 7 5 1 6 5.

THESE GUYS ARE GREAT.

WE, WE ALL LOVE THEM.

WE REALLY DO.

I DO HAVE CONCERNS ABOUT SAFETY.

THE WIDTH OF GROVE CREEK RIGHT NOW IS ONLY 20 FEET WIDE.

THEY'RE SUGGESTING EXPANDING IT TO 23 FEET.

THE AVERAGE TRACTOR ON A SEMI-TRUCK IS 20 FEET.

I DON'T KNOW HOW THEY'LL BE ABLE TO MAKE THAT TURN WITH ANY KIND OF SAFETY, WITH, WITH THE POLES ON EITHER SIDE.

AND THEY'VE KIND OF GOT THE RIVETS.

SO THAT'S SOMETHING THAT'S REALLY OF A BIG CONCERN TO ME, AS WELL AS THE ACCESS THAT PEOPLE RELY ON TO GET OUT OF THEIR NEIGHBORHOODS.

OVER THERE.

THERE HAS BEEN A TRAFFIC IMPACT ASSESSMENT THAT WAS DONE.

I DON'T KNOW IF YOU ALL HAVE REVIEWED IT, IT WAS NOT MADE PUBLIC.

I THINK IT SHOULD BE MADE PUBLIC.

I THINK IT'S IMPORTANT FOR US TO ALL REALLY ACKNOWLEDGE WHAT THE TRAFFIC, UM, UH, IMPACT WILL BE IN THAT AREA.

BECAUSE TO THIS GENTLEMAN'S POINT, UM, WITH WHERE SANDS ARE CURRENTLY LOCATED, WE'LL HAVE PEOPLE COMING IN FROM FERRIS, FROM WILMER,

[01:40:01]

FROM SOUTH DALLAS, FROM CEDAR HILL, LANCASTER, PALMER, VENUS, O VILLA, OAK LEAF, RED OAK, ITALY, MAY, PEARL, ENNIS, AND GARRETT, JUST TO NAME A FEW.

AND THEY'LL PROBABLY COME FROM FARTHER.

AND THEY, RIGHT NOW THEY WILL ONLY HAVE 77, EITHER FROM 35 OR FROM 2 87 TO GET THERE.

I THINK KNOWING WHEN THE TIMELINE FOR THAT EXPANSION OF CARDINAL OUT TO 35 IS REALLY CRITICAL FOR THIS PROJECT.

UM, I BELIEVE THIS GENTLEMAN TOLD US THAT IT WOULD TAKE AT LEAST TWO YEARS TO START SPEAKING, UM, TO THE, TO THE, UH, RAILROAD BNSF.

UM, AND THAT'S AN AWFUL LONG TIME TO HAVE THAT KIND OF CONGESTION WITHOUT ANY REAL TRUE ACCESS FROM FREEWAYS FOR ALL OF THE PEOPLE THAT ARE COMING HERE.

UM, I DO KNOW THAT THE ZONING ORDINANCE ALSO REQUIRES A BARRIER AROUND, UM, LOADING DOCKS.

I'M NOT SURE WHY THAT'S JUST BEING WAIVED.

I DON'T KNOW THAT TREES WILL REALLY CUT IT.

I THINK THERE SHOULD BE THE WALL THAT'S REQUIRED BY OUR ZONING ORDINANCES.

AND, UM, JUST SO YOU KNOW, YOU WERE MENTIONING THE DECIBELS SOUNDS AT OR ABOVE 85 DECIBELS, WE'LL CALL CAUSE HEARING LOSS.

SO YOU WERE MENTIONING 89 AND HIGHER NUMBERS.

SO THOSE ARE HIGH DECIBELS.

THAT SOUNDS LIKE NO BIGGIE, BUT THAT'S WHERE HEARING LOSS WILL START.

UM, ALSO NOW MATT SAID THAT THE PART AT, AT PLANNING AND ZONING, THEY TALKED ABOUT THE PARCEL BEING DIVIDED AND REPLANTED INTO TWO SO THAT ONLY THE FRONT HALF WOULD BE REZONED RETAIL AND THAT BACK HALF WOULD STAY SINGLE FAMILY.

THAT'S REALLY DEEP INTO THOSE NEIGHBORHOODS OVER THERE.

WHEN IN THE PROCESS DOES THAT HAPPEN? BECAUSE IF YOU GUYS APPROVE THE ZONING CHANGE, NOW IT'S FOR THE WHOLE PARCEL.

IT HASN'T BEEN RE PLATTERED OR DIVIDED YET, YET.

SO, I MEAN, I DON'T, I KNOW YOU GUYS CAN'T ANSWER, BUT JUST TO BE THINKING ABOUT THAT BECAUSE IF YOU APPROVE THAT, THEN THE WHOLE HUMONGOUS PIECE WILL STILL BE, UM, THAT, LET ME SEE.

I THINK I GOT ALL OF MY POINTS.

THANKS.

THANK YOU.

NEXT, CAN YOU TURN THAT AROUND? 'CAUSE I'M GONNA TRY AND KEEP IT UNDER FIVE MINUTES.

LIMITED.

UH, JIM PHILLIPS, 6 0 6 WEST MARVIN WALKS OUT, UM, SAM'S CLUB LOCATION TO CARDINAL WAY AND US 77.

WHY IS THIS GOOD FOR THE CITY? FIRST AND FOREMOST, IT HELPS DIVERSIFY OUR ECONOMY AND BRINGS IN PROPERTY TAX RELIEF.

AS WE'VE TALKED ABOUT ON, UH, NUMEROUS OCCASIONS, TAKING THE TAX BURDEN AWAY FROM SOME OF THE RESIDENTS AND PUTTING IT ON A COMMERCIAL BUSINESSES.

THE AVERAGE SAMS CLUB IN NORTH TEXAS HAS, UH, APPRAISED VALUES OF APPROXIMATELY $7.5 MILLION.

AND THIS IS BASED OFF OF 139,000 SQUARE FOOT FACILITIES.

WHAT I DID TO CALCULATE THAT NUMBER IS I BOTH BASICALLY TOOK THE WAREHOUSES THAT YOU HAVE IN BURSON, GRAND PRAIRIE, KELLER, NORTH RICHLAND HILLS, AND GARLAND AS COMPARISONS TO COME UP WITH THAT NUMBER.

SO, UM, THIS EQUATES TO RESIDENTIAL PROPERTIES OF ROUGHLY 15 HOMES AT $500,000.

WITHOUT THE BURDEN OF WATER AND SEWAGE AND A SIGNIFICANT DECREASE IN FIRE AND POLICE EXPENSE, IT WOULD ADD APPROXIMATELY $457,000 IN ADD VALORIAN PROPERTY TAX TO THE CITY'S ROLES.

SALES TAX IS A LITTLE BIT MORE DIFFICULT TO CALCULATE.

UM, I WAS A VENDOR FOR SAM, SO I KNOW THE INS AND OUTS OF, OF THE WAY THAT THE OPERATION IS.

THE STATE CHARGES, UH, 0.08 CENTS, UH, OF WHICH, UH, THE STATE KEEPS 0.62 CENTS.

THE CITY KEEPS 1.50 CENTS AND WCDC GETS A HALF A CENT.

THE CITY AUTOMATICALLY APPLIES A HALF A CENT OF THEIR SALES TAX TO PAY DOWN PROPERTY TAX TAX ASSESSMENTS.

SO WITH THAT IN MIND, SOME OF THE NUMBERS I USED HERE ARE, I DON'T WANNA CALL 'EM FUZZY MATH, BUT NOBODY KNOWS EXACTLY HOW MUCH SALES TAX YOU'RE GONNA DO IN THE FIRST YEAR.

NORMALLY SAM'S DOES ABOUT A HUNDRED MILLION DOLLARS FOR ANY GRAND OPENING THAT THEY HAVE IN THEIR 600 PLUS STORES.

THEY AVERAGE $148 MILLION PER STORE.

SO I DECIDED TO USE THE A HUNDRED MILLION DOLLARS AS JUST A BENCHMARK TO KIND OF GET US A STARTING POINT TO FIGURE OUT WHAT THE SALES TAX POSSIBLY WOULD BE.

UM, HAVE TO BACK OUT ROUGHLY 40% OF THAT BECAUSE IT'S FOOD THAT IS TAX EXEMPT EXEMPT.

THEY ALSO HAVE 15% OF THEIR MEMBERSHIPS THAT, UH, HISTORICALLY ARE NON-PROFITS OR MUNICIPALITIES.

SO AGAIN, THOSE DON'T COLLECT SALES TAX.

CONSERVATIVE NUMBER THOUGH I FEEL IS $990,000 IN SALES TAX REVENUE THAT WOULD COME INTO THE CITY, 330,000 THAT WOULD COME TO WCDC.

SO $330,000 OF THAT NINE 90 YOU HISTORICALLY USED TO BUY DOWN THE PROPERTY TAX RATE TO KEEP 61 CENTS.

THE OTHER 660 BECOMES THE DISCRETION OF THE CITY MANAGER, CITY STAFF, AND COUNCIL IN TERMS OF HOW THAT MONEY WOULD BE SPENT.

UM, IT'S IMPORTANT TO UNDERSTAND TOO, THE SAM'S UH, SHOPPER, THE SAM'S SHOPPER'S GONNA COME FROM AS FAR AWAY AS 30 TO 50 MILES.

THE CLOSEST STORE IS IN GRAND PRAIRIE.

UM, IT'S NOT A STORE,

[01:45:01]

IT'S A CLUB BAND THAT I EVER GET THAT LECTURED.

AND IT'S ALWAYS SAM'S, IT WAS SAM'S WAREHOUSE CLUB UP UNTIL 1997.

YOU PROBABLY DON'T EVEN, YOU WEREN'T EVEN A MEMBER THEN, BUT I REMEMBER THOSE DAYS SITTING ON, UH, PARK BENCHES OUT ON SOUTHWEST EIGHTH STREET MAKING SALES PRESENTATIONS.

BUT, UM, TO THIS GENTLEMAN'S CONCERN, TRAFFIC COUNTS.

UM, I TOOK IT UPON MYSELF TO MAKE A PUBLIC RECORDS REQUEST OF TXDOT AND I SPOKE WITH A LADY JESSICA SMITH, WHO'S IN CHARGE OF RECORDS IN THE COORDINATOR FOR, UH, TDOT THE TRAFFIC COUNT BETWEEN S 2 87 AND BUTCHER ROAD FOR S 77.

AND SPECIFICALLY I ASKED IF THEY HAD ANY NUMBERS FOR GROVE CREEK ROAD COMING ONTO 77.

AND THEN BESSETT COLEMAN, THE REASON I LOOKED AT BESSETT COLEMAN WAS SIMPLY TO GET A MEASURE FOR A HIGH DENSITY RE, UH, RETAIL CENTER.

UM, THE HIGHLIGHTS OF THE REPORT, UH, I SENT ALL OF YOU FOLKS, UH, WAS FORWARDED, UH, TO YOU AND A DOT PRESENTATION AND IT WAS KIND OF INTERESTING BECAUSE I DIDN'T FULLY UNDERSTAND IT WHEN I FIRST GOT IT.

BUT THEY DO WHAT'S CALLED AN ANNUAL AVERAGE DAILY TRAFFIC COUNT.

AND THE WAY THAT THAT IS CALCULATED IS IT'S A BIANNUAL REPORT.

THE MOST RECENT ONE WAS DONE IN 2023.

AND THEY HIGHLIGHT ON THIS MAP THE DOT MATRIX OF WHAT ACTUALLY THE TRAFFIC COUNT IS AT DIFFERENT INTERSECTIONS.

A HIGHLIGHT OF THE REPORT INCLUDED A SUMMARY THAT S 77 AS A FIVE LANE ROAD HAS A FUNCTIONAL CAPACITY OF 62,500 VEHICLES PER DAY WITH THE INTERSECTION AT S 77 NORTH OF 2 87, HAVING 35,537 VEHICLES AND US 77 SOUTH AT 2 87 TO 28,497.

THAT TELLS YOU AT OUR MAIN INTERSECTION THAT WE BASICALLY GOT MORE PEOPLE GOING NORTH THAN WE'VE GOTTEN GOING SOUTH.

UH, THE OTHER THING THAT I FOUND INTERESTING IS AT GROVE CREEK ROAD THEY HAD 1,470 VEHICLES EACH DAY ENTERING US 77.

THAT COULD BE NORTH OR THAT COULD BE SOUTH SOUTH, BUT IT'S 1,470 ON A ROAD.

THAT'S CAPACITY IS 62,500.

UH, WITH THAT IN MIND, UH, I ALSO ASKED THEM IF THEY HAD ANY, UH, NUMBERS FOR CARDINAL WAY.

THEY DID NOT, OR CARDINAL, UH, INTERSECTION.

THEY DID NOT.

AND THEY DIDN'T HAVE ANYTHING EXCEPT FOR DART WAY.

AND DART WAY CONTRIBUTED 475 VEHICLES PER DAY.

THERE WAS NO DATA COLLECTED FOR CARDINAL WAY IN THE 2023 REPORT.

AND THERE'S HISTORICAL DATA THAT GOES ALL THE WAY BACK 10 YEARS ON ALL OF THIS.

SO YOU'RE WELCOME TO SEE IT.

I SENT YOU ALL THE LINK AND YOU CAN GO INTO IT JUST AS MUCH AS YOU WANT.

BUT OTHER FACTORS FOR SAM'S ARE EMPLOYMENT OPPORTUNITIES FOR OUR CITIZENS.

THE GENTLEMAN ALREADY ALLUDED TO THAT.

IT ADDS ANOTHER GROCERY STORE OUTLET FOR HEB, TOM THUMB, ALDI AND FOOD LINE.

UH, FOOD LAND IS STORES AND I PERSONALLY KNOW THEY ARE GREAT CORPORATE STEWARD.

THEY GIVE BACK TO THE COMMUNITY IN MANY WAYS.

YOU WALK INTO A SAM'S CLUB MANAGER AND YOU SAY, HEY, I'VE GOT A SPECIAL REQUEST.

I'M A 4 0 1 C, I'M A 5 0 1 C.

I'VE GOT 15 THINGS TO RAISE.

YOU SUBMIT OUT THE PAPERWORK AND 20 MINUTES LATER YOU'RE WALKING OUT WITH YOUR CASE OF WATER OR YOUR CASE OF GATORADE OR WHATEVER ELSE YOU NEED.

UM, I DO WANT TO ALLUDE TO, UH, PLANNING AND ZONING.

THEY DID PASS THIS UNANIMOUSLY.

THIS ZONING USAGE IS CONSISTENT WITH THE CITY'S LAND USAGE AND DEVELOPMENT PLAN OF 1997 THROUGH THE MOST RECENT UPDATE IN 2023, WHICH CALLS FOR GENERAL RETAIL ON THIS SITE.

IT WAS ORIGINALLY ZONED SF ONE ALL THE WAY BACK IN THE 1970S WHEN WE FIRST LOOKED AT THAT PIECE OF PROPERTY.

BUT SUBSEQUENT UPDATES TO THE LAND USAGE PLAN HAVE CALLED FOR THE US 77 CORRIDOR TO HOST LIGHT INDUSTRIAL COMMERCIAL, GENERAL RETAIL, AND HIGH DENSITY RESIDENTIAL ALONG THE STRETCH FROM 2 87 TO BUTCHER ROAD WITH SPECIAL CONSIDERATION TO PLAN DEVELOPMENTS OF WHICH PART OF THAT WAS NORTH GROVE.

NORTH GROVE WE PUT INTO PLACE ACTUALLY BACK IN 2009 AND, UH, BEGAN IMPLEMENTATION OF THAT PLAN BACK IN 2011.

GIVEN THE TRAFFIC COUNT AND THE RESIDENTIAL ROOFTOPS IN THE AREA, DEVELOPERS WILL CONTINUE TO GRAVITATE TO THIS AREA OF TOWN FOR COMMERCIAL AND RETAIL CONSIDERATION AND IT FITS OUR INFRASTRUCTURE FOOTPRINT.

FINALLY, UM, I URGE COUNCIL TO CONSIDER WHAT IS RIGHT FOR ALL 52,000 PEOPLE IN THIS COMMUNITY.

I KNOW IT'S A HARDSHIP FOR THOSE PEOPLE THAT LIVE IN NORTH GROVE, BUT IT'S ALSO A TREMENDOUS ASSET TO THE OTHER 52,000 PEOPLE.

THANK YOU.

ANYONE ELSE PLEASE COME TO THE PODIUM FOR OR AGAINST? NO, NOT NOT, NOT FROM THERE.

ANY, ANYONE ELSE THAT HAS NOT SPOKEN, PLEASE COME TO THE PODIUM.

SEEING NONE, I'LL CLOSE THE

[01:50:01]

PUBLIC HEARING.

THAT

[17. Consider proposed ordinance approving ZDC-75-2025]

BRINGS US TO ITEM 17, CONSIDER PROPOSED ORDINANCE APPROVING ZDC 75 DASH 2025.

COUNSEL, IS THERE ANY DISCUSSION? I HAVE SOME QUESTIONS FOR THE GUYS FROM SAM'S.

IF SOMEBODY WANTS TO ANSWER, I'LL ASK IT AND THEN Y'ALL KNOW WHO NEEDS TO GET UP THERE.

FIRST OF ALL, IF, IF IT'S APPROVED, ARE YOU GONNA BUILD THE ROAD FIRST? UH, UH, I'M GONNA DEFER TO MR. SMITH, UH, HERE.

I THINK YOU GOTTA COME UP HERE.

THE, THE REASON I'M ASKING IS I BASICALLY WANNA KNOW HOW YOU'RE GONNA GET IN AND OUT OF THE PROPERTY INSTEAD OF GOING UP AND DOWN GROVE CREEK WITH A BUNCH OF CONCRETE TRUCKS.

AND THAT'S A GREAT QUESTION.

TRUCKS, I WANNA KNOW HOW YOU'RE GONNA GET IN AND OUT OF THE PROPERTY AND MAYBE TALK A LITTLE ABOUT THE CONSTRUCTION SCHEDULE TOO.

SO I MEAN, THE CURRENT PLAN IS TO BUILD THE PORTION OF CARDINAL THAT SAM'S IS RESPONSIBLE FOR, JUST SOUTH OF THE PROPERTY AND THAT'S GONNA BE THE MAIN POINT OF ENTRY FOR THE SITE.

WILL THERE BE SOME CONSTRUCTION TRUSTS GOING INTO GROVE CREEK? UM, SOME OF THEM WILL, BUT WE, OUR GOAL IS TO MAKE SURE THEY DON'T, OR AT LEAST TO DO OUR BEST, TO MAKE SURE THEY DON'T, LIKE I SAY, EVERYONE LISTENS FOR A HUNDRED PERCENT, BUT THAT'S THE GOAL.

BUT IF THEY DO, THEY WON'T BE GOING TOWARDS EIGHT 13, THEY'LL BE COMING TOWARDS 77.

SO THEY'LL JUST BE ON THAT LITTLE CHUNK.

CORRECT.

THAT YOU'RE GONNA IMPROVE.

SO, AND THAT'S THE CHUNK THAT WE'RE GONNA BE IMPROVING ANYWAY.

SECOND QUESTION IS THE TREES THAT ARE EXISTING BETWEEN THE WATER TREATMENT PLANT AND WHERE YOU'RE GONNA BUILD THE ROAD MM-HMM .

ARE, WE'RE GONNA LEAVE THE OLD TREES THAT ARE THERE.

THOSE ARE TO REMAIN UNTOUCHED.

WE DON'T HAVE ANY GRADING GOING INTO THOSE TREES AS OF RIGHT NOW.

WILL THERE, ONCE WE GET WITH INTO THE FULL DESIGN OF THAT AND WE HAVE BACK AND FORTH WITH STAFF, MIGHT THERE BE SOME CHANGES, BUT WE'LL ABSOLUTELY WORK WITH STAFF TO REPLACE TREES AS, AS THEY SEE FIT.

'CAUSE WE'D LIKE TO KEEP THE OLD UNDERSTOOD.

UNDERSTOOD.

I MEAN, THEY'RE JUST A BETTER BUFFER.

THEY'RE ALREADY THERE.

THEY'RE ALREADY FULL GROWN.

AND THE LAST QUESTION FOR THE MOMENT IS, I THINK I ALREADY ASKED THE OTHER GENTLEMAN AND HE ANSWERED THAT QUESTION, BUT YOU'RE NOT DOING DRONES AND ALL THAT FROM THE SAMS, RIGHT? NO SIR, NOT YET.

NOT YET.

YEAH, WE UM, YEAH, GO AHEAD.

THAT IS, UH, AT WALMART.

UH, WHEN YOU THINK ABOUT THE BIG AND BULKY FROM SAM'S CLUB, IT HAS TO HAVE A CERTAIN RESTRICTION IN EVERYTHING TO, UH, BE TAKEN UP ON THE DRONE.

RIGHT? YEAH.

THANKS.

MAKE SURE ANYTHING THAT'S SAID IS, IS THERE, UH, AT THE MICROPHONE PLEASE, COUNSEL, ANY OTHER QUESTIONS? YEAH, I HAVE A, I HAVE A COUPLE, UM, ONE FOR OUR RESIDENT BACK HERE.

UM, AND THIS IS JUST GONNA GET TO MY POINT WITH THEM THAT, 'CAUSE I HAVE A CONCERN, THE TRAFFIC SAFETY.

I HAVE A CONCERN WITH, UM, EX AND I'M TALKING ALMOST EXCLUSIVELY AT THE GROVE CREEK IN 77.

IF IN A PERFECT WORLD WE COULD FIND A PATH FORWARD, IF YOU'LL PUT THE MOUSE POINTER KIND OF RIGHT THERE AT THE, AT THE BEND AT GROVE CREEK.

YEAH, RIGHT THERE.

IF IN A PERFECT WORLD WE HAD SOME SORT OF TRAFFIC CIRCLE THERE AND JUST SAID, NOPE, THE REST OF GROVE CREEK IS GONE AND THAT WAS YOUR WAY IN AND OUT OF THE NEIGHBORHOOD, WOULD YOU BE OPPOSED? I'D BE ABSOLUTELY BE OPPOSED TO THAT.

YEAH, BECAUSE THAT WOULD GET YOU STRAIGHT TO A, TO A STOPLIGHT.

WELL, OKAY, SO HERE'S, HERE'S THE ISSUE.

SO I LIVE TO THE EAST OF THIS MAP, RIGHT? SO, SO IF YOU, SO THE BROOK BEND GROVE NEIGHBORHOOD IS JUST TO THE EAST OF THIS, UM, AND THEN THERE'S ACTUALLY NO, THERE WOULDN'T BE A STRAIGHT LINE.

'CAUSE THAT'S ACTUALLY, IF YOU TRIED TO EXTEND CARDINAL ROAD PAST THIS, THERE'S NEW HOUSES BEING BUILT.

UM, AND THAT WAS ACTUALLY ONE OF THE, YOU KNOW, HE, HE ADDRESSED ME.

THAT'S WHY I WAS ASKING IF I COULD RESPOND TO, TO THAT.

UM, SO THERE'S ACTUALLY MORE HOUSES.

SO WHEN, SO I FEEL LIKE IT'S, IT'S A LITTLE MISLEADING TO SAY OKAY, IF THERE'S ONLY 1400 CARS, UH, WE'RE ACTUALLY SEE WHERE THE, THOSE TRACKS ARE, THOSE ARE ALL GONNA BE HOUSES.

UM, CORRECT.

THERE'S ACTUALLY A LOT OF HOUSES.

THERE'S ALREADY LIKE 15 HOUSES THERE NOW.

UM, SO MY HOUSE IS, UM, CAN I WALK OVER THERE AND POINT, I MEAN, IF, IF YOU MOVE THE MOUSE TO THE OKAY.

RIGHT, IT'S TO THE JUST UP THERE.

YEAH.

I MEAN KEEP YOU GO.

YEAH.

SO KEEP, KEEP GOING.

YEAH, IT'S OKAY.

YEAH, RIGHT THERE.

RIGHT IN THERE.

YEAH.

SO I, SO I I I'M IN THAT, THAT'S, THAT'S MY NEIGHBORHOOD, RIGHT? UM, SO I DON'T SEE, I DON'T SEE HOW CARDINAL ROAD WOULD GIVE YOU A STRAIGHT SHOT, UM, IF YOU CUT OFF, IF YOU CUT OFF GROVE CREEK ROAD RIGHT THERE.

THE OTHER THING IS THAT THERE'S ACTUALLY HOUSES THAT ARE FACING GROVE CREEK ROAD RIGHT THERE TOO.

I'M SAYING AT THAT BEND THOUGH, IF IN A PERFECT WORLD RIGHT THERE, IF THERE'S A TRAFFIC CIRCLE OF SOME KIND TO GET, YOU WOULD BE ABLE TO GO DOWN GROVE CREEK TOWARDS 77 AND THEN FROM THERE YOU WOULD HIT ESSENTIALLY CARDINAL ROAD TO GO RIGHT TO THE LIGHT.

AND THAT NORTHERN PART WHERE IT IS VERY UNSAFE RIGHT NOW, WHERE THE TRUCKS ARE GOING, GOING

[01:55:01]

TO BE GOING ANYWAYS, WOULD NO LONGER BE YOUR MAIN POINT OF ENTRY.

YOU WOULD TURN LEFT OR RIGHT AT THE STOPLIGHT INSTEAD.

OKAY.

BUT I DON'T, I'M, I'M SORRY, I'M NOT FOLLOWING WHERE, WHERE I WOULD GET TO THAT STOPLIGHT THERE, THE CIRCLE OF SOME KIND HERE, BUT NOW GOING THIS WAY, ALL IF WE MAKE, IF, IF, IF, IF I MAY, I HATE DOING THIS, BUT I'M GOING TO ANYWAY.

, FIRST OF ALL, THAT ROAD IS, AND THIS ALL THIS LAND WHERE THOSE HOUSES IS, IS AN EASEMENT FOR THE ROAD AND THAT EASEMENT GOES ALL THE WAY DOWN TO THE CREEK SO THAT THERE'S PLENTY OF ROOM THERE FOR THAT ROAD SOMETIMES A HUNDRED YEARS FROM NOW TO ACTUALLY GET BUILT THE REST OF THE WAY.

YEAH.

IT MIGHT BE HOUSES I, I WON'T BE, I WON'T BE ALIVE THEN THERE WON'T BE, THERE WON'T BE HOUSES ON THAT SIDE OF THE STREET.

THERE'S, YOU GO DOWN THERE RIGHT NOW AND YOU'LL SEE THE SILK FENCE THAT THEY BUILT.

I, I LIVED THERE, THERE THAT FENCE THAT THEY, OKAY.

ALRIGHT.

SO IF YOU WERE COMING OUT THIS NEIGHBORHOOD RIGHT HERE, OKAY, ALL YOU DO IS COME OUT HERE AND CARDINAL, YOU DON'T HAVE TO DO ANY OF THIS, YOU CARDINAL.

RIGHT.

ESPECIALLY IF WE'RE COMPETING AND WHERE, WHERE THE TRUCK GROVE CREEK Y'ALL, I'M TRYING TO HELP Y'ALL OUT TO GET Y'ALL.

YEAH, SO I GUESS NOW IT'S FOR SAM'S CLUB.

OKAY.

UM, SO UPFRONT AND BEING COMPLETELY HONEST, MY GOAL IS TO ESSENTIALLY ELIMINATE GROVE CREEK RIGHT THERE IN THAT SECTION OF THE PROPERTY.

THAT, THAT Y'ALL DO OWN THE FULL LENGTH, NOT JUST THE FRONT PART, BUT THE FULL LENGTH.

I FEEL LIKE IT WOULD BE MUCH SAFER FOR OUR RESIDENTS TO GET 'EM AWAY FROM WHERE YOU'RE ABOUT TO PUT YOUR TRUCKS AT, MAKE THAT RIGHT TURN ONLY FOR JUST THE TRUCKS.

I DON'T EVEN PERSONALLY WANT YOU TO BE ABLE TO TURN INTO THAT, BUT IF FIRE REQUIRES THAT, THAT'S A WHOLE DIFFERENT THING.

UM, I WOULD RATHER THERE NOT BE A LEFT TURN OFF OF 77 INTO THAT GROVE CREEK EVER AGAIN.

UM, SO IF WE CAN FIND A WAY TO WORK WITH Y'ALL TO GET AN IMPROVED ROAD, EITHER SAM'S CLUB BUILDS THE ENTIRE ROAD, UM, WE SPLIT IT, WE DO A SALES TAX ABATEMENT.

I DON'T KNOW WHAT THAT IS, BUT TO FIND A SOLUTION TO MAKE IT SAFER FOR OUR RESIDENTS TO GET OUT OF THE GROVE CREEK AREA AND NOT BE ON THE SAME ROAD THAT YOUR TRACTOR TRAILERS ARE ABOUT TO TEAR UP UP, WHETHER YOU IMPROVE IT OR NOT, IT'S GONNA TEAR UP PRETTY QUICKLY.

UM, SO TO GET THEM AWAY FROM THAT, THAT'S, THAT'S THE GOAL THAT I HAVE.

UM, AND THEN ALSO IT'S BEEN DISCUSSED THAT SOME SORT OF BARRIER ON THE BACKSIDE, UM, FOR NOISE AND DEBRIS AND WHATEVER ELSE.

UM, I THINK ONE THING THAT'S LOST WITH GROCERY STORES IS THE DEBRIS PART OF IT.

WHEN THE WINDS BLOW THROUGH, THERE'S GONNA BE TRASH AND EVERYTHING ELSE THAT BLOWS ALL THE WAY THROUGH.

I LIVE BEHIND FOOD LAND, UM, AND IT'S A CONSTANT ISSUE FOR US.

IT'S ALWAYS AGAINST THE BACK FENCE AND IT'S ALWAYS JUST SHOPPING BAGS OR RANDOM RECEIPTS OR WHATEVER.

UM, SO THAT IS A LEGITIMATE ISSUE THAT TREES AREN'T GOING TO STOP.

UM, SO THOSE TWO THINGS ARE, THE REST OF IT I THINK IS AWESOME, ALL FOR IT.

I HATE THE LOCATION, BUT IT IS WHAT IT IS.

THAT'S THE LAND THAT Y'ALL FOUND.

THERE'S PLENTY ON 35, BUT, UM, BUT IF WE CAN FIND A WAY TO WORK TOGETHER TO ELIMINATE THAT STRETCH OF GROVE CREEK ALONG Y'ALL'S ENTIRE PROPERTY ON THE NORTHERN SIDE AND FIND A SOLUTION THAT GETS ALL OF THOSE RESIDENTS A SAFER ACCESS TO 77 AT THE STOPLIGHT, I FEEL LIKE WOULD BE A HUGE WIN.

UM, BUT NOT JUST FOR OUR COUNSEL AND OUR TALKING POINTS, BUT FOR THE SAFETY OF YOUR SHOPPERS ALSO.

WELL,

[02:00:01]

UH, THANK YOU COUNCILMAN.

I'LL DO MY BEST TO ADDRESS.

UM, I THINK WHAT I HEARD, UM, SO FIRST OFF THE, ON THE BARRIER, UM, THE DRIVER FOR THE BARRIER WOULD BE NOISE.

AND I THINK ONE OF THE THINGS THAT WE FELT TO, TO CLARIFY IS THE DECIBELS THAT WE MENTIONED WERE AT THE STORE FIVE METERS AWAY FROM THE SOURCE.

WHENEVER YOU GET TO WHERE THE HOMES ACTUALLY ARE ABOUT 600, UH, FEET AWAY, THEY ALL DROP TO BELOW 60, WHICH IS BELOW WHAT A CONVERSATION IS.

YOU CAN STILL HAVE A CONVERSATION.

IT'S ABOUT THE EQUIVALENT OF A RUNNING REFRIGERATOR AND THE ONLY ONE THAT WAS GONNA EXCEED THAT, WHAT'S GONNA BE THE REFRIGERATION UNIT.

AND SO RATHER THAN PUT THE BARRIER 500 FEET FROM WHERE THE SOURCE IS, YOU JUST SURROUND THE, THE, THE SYSTEM.

SO, UM, WHATEVER'S LEFT OVER IN THE SINGLE DIGITS THAT YOU SAW, WE THINK THAT'LL BE CAUGHT BY THE TREES.

UM, AND IT'LL BE LESS, UH, POTENTIAL FOR, THERE'S ALSO FLOODING ISSUES THAT COULD HAPPEN WHEN YOU HAVE A CONCRETE WALL OR, OR A DIFFERENT KIND OF BARRIER.

SO THAT'S, THAT'S THE, THE PLAN THAT WE'RE FOLLOWING.

UH, IN TERMS OF THE TRAFFIC, UH, WE'VE HAD VERY DEEP CONVERSATIONS WITH THE CITY ABOUT THE EXISTING THOROUGHFARE PLAN AND WHAT THE TRAFFIC STUDY SAID.

HOWEVER, UM, ULTIMATELY WE NEED TO HAVE A FUNCTIONING FACILITY WHERE PEOPLE WANT TO COME AND SHOP.

SO FOR US, ONE OF THE THINGS THAT WE'VE ALSO TRIED TO BE VERY TRANSPARENT ABOUT, LIKE, WE'RE NOT GOING ANYWHERE.

UM, WE NEED TO CONTINUE OUR CONVERSATIONS.

WE'RE GONNA BE A SIGNIFICANT TAXPAYER HERE IN TOWN.

WE HOPE SOME OF THAT REVENUE'S ALSO GONNA BE REINVESTED INTO IMPROVING INFRASTRUCTURE IN THAT AREA.

SO I THINK THOSE ARE CONVERSATIONS THAT CAN CONTINUE ON GOING INTO THE FUTURE.

YEAH, WE CAN'T APPROVE THIS WITHOUT HAVING SOME SORT OF GUARANTEE IN PLACE.

UM, THE, THE BARRIER ON THE, ON THE BACKSIDE OF THE PROPERTY, AND THIS IS JUST FOR ME AND NOT, HAVEN'T SPOKEN TO ANYBODY ELSE YET.

UM, AND AGAIN, I DO LIVE BEHIND A SUP SUPERMARKET, SO I SEE IT.

UM, WE DON'T HAVE LOADING DOCKS THERE THOUGH, SO LIGHT FROM THE TRUCKS WHEN THEY BACK IN AT NIGHT AND THEY'RE FACING TOWARDS THE HOMES, YOU'VE GOT LIGHT POLLUTION THERE.

UM, IF THE HIGH BEAMS ARE ON AND YOU'VE GOT EVEN MORE, UM, AND THEN THAT GENERAL DEBRIS THAT'S GOING TO BLOW OUT OF THE LOADING DOCKS HAS TO GO SOMEWHERE.

SO YOU NEED SOMETHING TO CATCH IT AND THE TREES AREN'T GONNA DO IT.

UM, I'M NOT SAYING TO GO THAT YOU HAVE TO USE BREAK OR YOU'VE GOTTA USE ANY SORT OF WHAT THAT MATERIAL IS, BUT SOME KIND OF PHYSICAL BARRIER OF SOME OF SOME KIND IS GONNA BE NEEDED IF NOT JUST FOR NOISE TO TAKE AWAY.

I DON'T THINK THE NOISE WILL BE AN ISSUE.

SURE.

UM, BUT JUST FROM THE, THE LIGHT POLLUTION FROM THE TRUCKS FACING THE HOMES AND THEN THE DEBRIS THAT COMES FROM THOSE DOCKS, I THINK WOULD BE PRETTY SIGNIFICANT.

I MEAN, YOU'RE TALKING ABOUT PALLETS OF THINGS, UM, AND ONCE THE WIND'S BLOWING, THAT STUFF'S GONNA START TO BLOW THROUGH THERE.

YEAH, I WOULD LIKE TO SPEAK ON THAT NOISE BARRIER WALL AS WELL.

WHILE I CAN APPRECIATE, UH, THE TREES AND THE SHRUBS, IT, IT'S GONNA BE SOME YEARS BEFORE THOSE REALLY HAVE A BIG IMPACT.

UM, I WOULD LIKE TO SEE, UM, FROM THOSE LOADING DOCKS, UH, A UH, A WALL TO UH, LOWER THE, UH, DECIMAL THE NOISE, UH, AND TO CATCH THE DEBRIS THAT BLOWS.

UH, MY SUGGESTION WOULD BE, UH, NEXT TO THE END OF THE PAVEMENT, 250 FEET FROM THE PROPERTY LINE, OR 120 FEET FROM THE LOADING DOCK AND IN TIME, YOU KNOW, 5, 10, 15, 20 YEARS THAT WALL AND THOSE TREES AND SHRUBS, IT IS GONNA DO A LOT, UH, FOR THE, THE, UH, THE RESIDENTS THAT LIVE OUT THERE.

BUT, UH, FOR ME, THAT'S MY POSITION.

I, I SUPPORT, UM, THIS PROJECT.

UH, BUT FOR THE RESIDENTS THAT LIVE OUT THERE, UH, I THINK THERE'S JUST A COUPLE MORE THINGS THAT WE NEED TO DO, UH, TO HELP THEM OUT.

CAN WE WORK IN SOME KIND OF, SOME KIND OF WALL STRUCTURE OF SOME KIND? DOES NOT HAVE TO EXTEND THE ENTIRE PROPERTY LINE.

THAT'S, THAT'S, THAT'S NOT WHERE WE'RE AT.

SURE.

PRIMARILY JUST THAT LOADING DOCK AREA I THINK IS WHAT WE HERE IS KIND OF AFTER.

YEAH.

WE, WE, WE HAVEN'T SEEN A DESIGN.

RIGHT.

UM, I THINK IT, IT, IT'D BE SOMETHING THAT WE HAVE TO LOOK FORWARD TO.

I THINK OUR PREFERENCE WOULD BE TO GET THE ITEM DONE TONIGHT.

PREFERABLY THAT WE'RE COMING CAN'T TO WORK TOGETHER CAN GUARANTEE, BUT IF WE CAN'T HAVE A GUARANTEE FOR THESE SMALLER THINGS, THEN THESE ARE THE THINGS THAT GET LOST ONCE THE DEVELOPMENT STARTS.

RIGHT.

I CAN GUARANTEE YOU, WELL, , OR I DON'T KNOW IF YOU CAN DO IT, LIKE THE PLANNING AND ZONING.

I THINK THAT JUST THE DEVIL'S IN THE DETAILS OF GETTING IT.

UH, WE GOTTA DESIGN IT PROPERLY BASED ON WHAT WE'RE VERY DATA DRIVEN.

RIGHT.

AND SO IT'S LIKE, IT WOULDN'T HAVE TO GO BACK TO P AND Z.

THIS IS JUST SOMETHING THAT IF WE CAN GET AN AGREEMENT TO PUT IN AN A, AN AMENDMENT INTO THE DEVELOPMENT AGREEMENT TO SAY THAT WE'RE GONNA HAVE A WALL THAT IT SPANS.

I THINK SHE SAID 250 FEET.

YEAH.

I THINK IF THAT'S A WISH OF THE ENTIRE COUNCIL, IF THAT'S A WISH OF THE COUNCIL,

[02:05:01]

GIVE US ENOUGH OPPORTUNITY TO WORK WITH STAFF ON THE EXACT LOCATION, DESIGNED DRAINAGE PROPER.

YOU KNOW, IF IT'S NOT GONNA BE FOR NOISE, IF IT'S GONNA BE FOR LIGHT THAT CHANGES THE, THE, YOU KNOW, SO I THINK AS LONG AS IT'S NOT, YOU KNOW, SUPER PRESCRIPTIVE WITHOUT UNDERSTANDING OUR NEEDS.

ABSOLUTELY.

I MEAN, WE HAVE NO REASON WHY WE WOULDN'T, WE DON'T, HASN'T BEEN TERRACE ON TOP THAT YOU CAN WALK ACROSS JUST SOMETHING TO AND HIGH WINDS.

HIGH WINDS THAT WOULD FLY AWAY.

I MEAN THERE'S JUST SO MUCH WHEN IT COMES TO BARRIERS, THERE'S SO MUCH CONSIDERATIONS THAT GO INTO IT.

UH, SO IT, YEAH, I MEAN ABSOLUTELY.

I THINK THAT THE ANSWER IS WE, WE WOULD BE MORE THAN HAPPY TO WORK WITH YOU ON IT AS LONG AS IT'S BASED ON IN SOUND ENGINEERING SOUND DATA FOR THE RIGHT REASONS THAT FITS WITHIN OUR SYSTEM.

AND IF BOTH OF US ARE WORKING TOGETHER ON IT, I THINK IT'S SOMETHING THAT WE COULD, WE COULD CONSIDER THAT'S THE WISH OF THE COUNCIL.

OKAY.

RIGHT.

SO A PARTITION WALL AS REQUIRED OR MAYBE THE TERM WALLS IS YEAH.

YEAH.

OKAY.

YEAH.

UM, AND THEN SO I MEAN, IF WE CHECK THAT WENT OFF, CHECK THAT ONE OFF.

UM, THE GROVE CREEK ROAD.

I MEAN, IF WE'RE BEING REAL HONEST AND IF Y'ALL ARE BEING REAL HONEST, THAT'S NOW SAM'S CLUB ROAD THAT LITTLE STRETCH.

DON'T, I MEAN, DON'T EVEN TEASE US WITH SAYING, OH, WE'RE GONNA MAKE A ISTIC ROAD, CREEK ROAD.

NO, THAT'S GONNA BE FOR TRUCK TRAFFIC BECAUSE NOBODY THAT LIVES OVER THERE.

IF THEY WANT TO GO LEFT, THEY'RE GONNA DRIVE THROUGH YOUR PARKING LOT TO GET TO THE STOPLIGHT.

'CAUSE THEY'RE NOT, THEY'RE NOT GONNA BE WITH, WITH, WITH THE PORK CHOP IN PLACE TO PREVENT TRUCK TRAFFIC FROM TURNING LEFT.

NOW THE RESIDENTS CAN'T TURN LEFT.

SO WE MIGHT AS WELL JUST GO AHEAD AND JUST CUT THAT OFF AT THE, AT THE CURB AND CALL IT SAM'S CLUB PARKWAY.

UM, I MEAN, I, I'M JUST BEING, I'M JUST BEING COMPLETELY HONEST.

SO IF WE CAN WORK TOGETHER ON, AND THIS AGAIN, I DON'T KNOW THE REST OF THE WILL OF COUNCIL, BUT IF IT'S A SALES TAX ABATEMENT FOR A YEAR OR TWO OF SOME PERCENTAGE, OR IT'S A 50 50 SPLIT, BUT SOME KIND OF SIGNIFICANTLY IMPROVED ROADWAY THAT CONNECTS THAT BEND OF GROVE CREEK, I DON'T KNOW WHERE THAT'S AT ON THE MAP.

AND IT'S, IT'S ON COMPLETELY ON Y'ALL'S PROPERTY AND INSIDE THE CITY LIMITS.

BUT THAT BEND RIGHT THERE, IF SOMEHOW WE ENGINEER AND PLAN THAT TO CONNECT TO CARDINAL ROAD, NOT IN 25 YEARS, NOT IN 50 YEARS, BUT UPON CONSTRUCTION, THAT I THINK SOLVES ALL OF OUR ISSUES.

'CAUSE WE CAN, IN THEORY, COULD, I DON'T THINK WE WOULD, BUT ABANDON THAT LITTLE STRETCH OR WAIT FOR Y'ALL TO DE DEVELOP THE BACK HALF OF IT, OF THE, BETWEEN THE BLUE LINE AND THE SCUR.

THAT STRETCH WOULD BECOME VERY INSIGNIFICANT IF WE HAVE SOMETHING THAT CONNECTS THAT LII THINK THAT ONE COUNCILMAN IT.

IT IT'S A LITTLE WE'RE DOING THAT.

I DON'T, THEY'RE DRIVING THE TRAFFIC.

SO IT'S, I I THINK IT, AGAIN, IT DEPENDS ON THE, WELL, THE COUNCIL, RIGHT? WHEN THE WAY THAT YOU GUYS WRITE YOUR, YOUR RESOLUTION, YOUR MOTION, IT'S, IT, THAT'S A LITTLE MORE DIFFICULT FOR US.

THE IMPACT ON THE DESIGN.

UM, AND ALSO THE CONVERSATIONS THAT WE HAD FOR ABOUT A YEAR CONSISTENT WITH A THOROUGHFARE PLAN.

UM, SO THAT'S A LITTLE MORE CHALLENGING.

AGAIN, IT'S, IT'S, WE'RE AT THE WILL OF THE COUNCIL.

UH, BUT I THINK THAT WOULD HAVE A GREATER IMPACT ON OUR FOOTPRINT THAN, THAN INCORPORATING IN A, A BEAR.

MR. SMITH IS, AS I UNDERSTAND IT, CORRECT ME IF I'M WRONG, BUT WHERE THAT LINE OF TREES IS RIGHT IN THE VERY CENTER OF CARDINAL ROAD THERE.

MM-HMM .

CAN YOU PUT THE RIGHT ABOVE WHERE, UH, TO YOUR LEFT, TO YOUR LEFT, RIGHT THERE, THE TREE LINE.

THAT'S WHERE SAM STOPS BUILDING THE ROAD THAT THEY'RE RESPONSIBLE FOR.

AND THE REST OF IT, THEY'RE GIVING US THE LAND, BUT WE'RE RESPONSIBLE FOR, AM I CORRECT? YES, SIR.

SO THAT'LL BE THE CITY DOING WHATEVER THEY DO ON THAT.

RIGHT? THAT'S MY ISSUE THOUGH.

YEAH.

THEY'RE DRIVING THE TRAFFIC AND THEY WANT US TO BUILD THE ROAD.

I'M TRYING TO FIND A WAY TO, BUT THEY'RE GIVING US THE LAND TO BUILD THE ROAD.

I DON'T, BUT THEY'RE DRIVING THE TRAFFIC THAT NEED THAT.

IT'S REQUIRING US TO BUILD THE ROAD.

THEY'RE NOT GIVING IT.

THEY'RE, THEY'RE GIVING US A PROBLEM THAT WE HAVE TO PAY FOR.

THEY'RE DOING WHAT THEY'RE GIVING US THE PROBLEM THAT WE, THAT OUR TAXPAYERS HAVE TO PAY FOR.

OH, BUT YOU SAID THEY WERE GIVING US THE PROPERTY WE HAD TO PAY FOR.

SO THAT, THAT'S WHERE I'M AT.

IF THERE'S A WAY TO WORK TOGETHER TO OFFSET SOME OF THOSE COSTS, BECAUSE AGAIN, THE TRAFFIC IS THE, THE ROADWAY WORKS JUST FINE RIGHT NOW.

IS IT THE SAFEST? NO, BUT IT'S WORKS JUST FINE.

NOW YOU'RE GONNA BRING THE TRAFFIC, YOUR TRUCK TRAFFIC ESSENTIALLY ELIMINATES GROVE CREEK ROAD FOR THE RESIDENCE.

AND YES, YOU'RE, YOU'RE DEEDING OVER SOME LAND, BUT YOU'RE DEEDING OVER THE PROBLEM THAT COMES WITH THAT LAND.

AND NOW OUR TAXPAYERS HAVE TO BUILD A ROAD TO HELP Y'ALL OUT.

THEY'RE NOT PAYING EXCUSE IMPACT FEES ARE BEING USED.

IT'S, IT'S STILL, IT'S SAYING IT'S THE BUSINESS.

IT'S OUR OWN TAX.

YEAH, IT'S OUR OWN TAXES.

[02:10:01]

THAT'S, I I MEAN IT'S, IT'S THE SAME, SAME, IT, IT'S BEEN ABOUT A, A YEAR'S WORTH OF CONVERSATIONS.

I I THINK THAT IS NOT, I MEAN, AGAIN, WE'RE AT THE WEALTHY COUNCIL, RIGHT? SO BEING ABSOLUTELY RESPECTIVE OF, UH, WHAT WE'RE HERE TO ASK YOU FOR, BUT ALSO IN THE SPIRIT OF ABOUT A YEAR'S WORTH OF NEGOTIATIONS WHERE WE HAVE BEEN LED AND WHERE WE HAVE GONE.

THAT'S NOT SOMETHING I THINK THAT WOULD WORK FOR US.

AND I, IN MY PERSONAL OPINION IS WE USE ECONOMIC DEVELOPMENT MONEY IF WE HAVE TO, TO HELP JUST LIKE WE PUT A DECELERATION LANE IN FRONT OF TOM THM.

IF WE HAVE TO SPEND A LITTLE BIT OF ECONOMIC DEVELOPMENT MONEY TO MAKE SURE WE MAKE THAT CHUNK OF THAT ROAD RIGHT, TO DRIVE $150 MILLION BUSINESS OR $120 MILLION BUSINESS, IT'S GOING TO HOPEFULLY HELP US LOWER S PROPERTY TAXES, THEN I THINK THAT'S WHAT WE NEED TO DO.

AND THAT'S PART OF THE MONEY THAT GOES TO THE PART THAT YOU GUYS HAVE BEEN ME MENTIONING.

WE WANT WCDC TO GET A LITTLE MORE INVOLVED IN ECONOMIC DEVELOPMENT, THEN MAYBE WCBC GETS A LITTLE BIT INVOLVED IN HELPING US GET THAT PROBLEM TAKEN CARE OF A LITTLE BIT.

I'M ALL FOR, THAT'S WHY I'M OFFERING A, SOME KIND OF A SPLIT OR A SALES TAX ABATEMENT.

AND THOSE HAVE BEEN FLOATED OUT THERE, THERE'S BEEN NO APPETITE FOR IT FROM THE GENTLEMAN HERE.

BECAUSE AGAIN, ONCE THEY MAKE THAT CHANGE, GROVE CREEK FOR THE RESIDENTS IS WORTHLESS.

I DON'T, I DON'T BLAME THESE GUYS.

THEY'RE GONNA BUILD A HALF OF THAT ROAD THAT'S A FOUR LANE DIVIDED ROAD JUST SO THEY CAN BUILD THEIR BUILDING.

ARE Y'ALL BUILDING ALL FOUR LANES OR JUST THE TWO LANES? 'CAUSE IT WAS JUST THE TWO LANES.

FOUR ALL FOUR NOW.

SO, YEAH.

SO FOUR TO THE TREE LINE AND THEN IT STOPS.

SO MY, I'M TRYING TO GET THE RESIDENTS FROM GROVE C CREEK TO THE TREE LINE AND NOT JUST WITH LAND THAT WE'RE GONNA HAVE TO BUILD THE ROAD BECAUSE YOU'RE TAKING AWAY THEIR POINT OF ACCESS.

YEAH, I I I MEAN IT'S, IT'S THE, YOU KNOW, WE'RE HEARING ABOUT IT RIGHT NOW.

THERE'S, THERE'S NO, THERE'S NO, THERE'S NO ANALYSIS ON THAT.

NO.

YOU HEARD YOU HEARD ABOUT IT BEFORE.

ALL FOUR OF YOU DID.

I SPOKE TO Y'ALL BEFORE THE MEETING AT THE POLICE STATION.

I, I THINK WE'VE STATED OUR, OUR ANSWER AND OUR POSITION, AND THEN WE'RE AT THE WILL OF COUNSEL.

BUT YOU HEARD ABOUT, ALL OF Y'ALL HEARD ABOUT IT BEFORE AT THE PD, AND IF, IF YOU SAY YOU DIDN'T, THAT'S, THAT'S NOT TRUTHFUL.

'CAUSE I BROUGHT THE SAME CONCERN UP THEN.

YEAH, I, I DO REMEMBER THE, THE CONVERSATIONS THAT WE HAD.

LEMME CLARIFY MYSELF BECAUSE YOU'RE ABSOLUTELY RIGHT.

COUNCILMAN NOT WANT TO IMPLY THAT YOU DIDN'T HAVE SOME OF THESE CONVERSATIONS.

I THINK WE HAVEN'T SEEN AN OFFICIAL DESIGN, PRE-DESIGN DATA, TRAFFIC COST, ANYTHING LIKE THAT WHERE WE HAVE, AS TO THE PLAN THAT WE HAVE FOR OVER A YEAR.

KEEP SAYING YOU'VE HAD THIS PLAN FOR OVER A YEAR.

WE GOT SURPRISED BY IT ON SOCIAL MEDIA, WHICH I ALSO SHARED WITH Y'ALL.

NOT Y'ALL'S FAULT, BUT FOR ANYBODY LISTENING OR WATCHING OR HERE, WE HAD DID NOT KNOW ABOUT THIS FOR OVER A YEAR.

LITERALLY FOUND OUT ON FACEBOOK.

MAY I WEIGH IN HERE FOR A MOMENT? I GOT IT.

SURE.

GO AHEAD.

UM, THANK YOU FOR ALL OF THE INFORMATION AND, AND I, I, I SEE BOTH SIDES OF, OF, OF THIS CONVERSATION.

AT THE END OF THE DAY, I, I SUPPORT THIS, UM, BUT I WANT IT DONE CORRECTLY AND CITIZEN SAFETY IS, IS IMPORTANT.

I THINK, UH, YOU KNOW, I THINK, I THINK THERE'S BEEN A LOT OF GOOD POINTS BROUGHT UP, BUT I, I JUST WANT TO DIFFER JUST A A LITTLE BIT FROM, FROM COUNCILMAN SMITH IN THAT WE, WE DO WANNA WORK TOGETHER.

UH, BUT WE DO HAVE, UH, WE'VE BEEN COLLECTING IMPACT FEES ON, ON THAT ZONE FOR, FOR QUITE SOME TIME.

AND, AND IF I'M NOT MISTAKEN, THERE'S, THERE'S MORE THAN ENOUGH, UH, REVENUE IMPACT FEE REVENUES TO, TO COMPLETE THAT PROJECT AND NOT PUT ANY FURTHER TAX BURDEN ON THE RESIDENCE.

UH, I MAY BE WRONG IN SAYING THAT, BUT I IS THAT THAT'S CORRECT, ISN'T IT? CORRECT.

BASED ON THE PRELIMINARY COST AND DESIGNS THAT JUSTIN HAS COME OUT, WOULD THERE BE IMPACT TO MONEY LEFT OVER TO CONNECT TO 35? YEAH.

THERE NOT FOR CONNECT TO CONNECT ALL THE WAY TO 35.

WE DO HAVE IT IN TO DO THE DESIGN AND ENGINEERING THOUGH.

SO TO GET THE PROCESS STARTED, BUT NOT TO ACTUALLY BUILD ALL THE ROAD, WE'RE NOT GOING TO EMPTY THE ROAD IMPACT FEES FOR THAT ZONE FOR THIS ONE PROJECT.

CORRECT.

WE'RE NOT GOING TO EMPTY OUT THAT.

CORRECT.

RIGHT.

BUT THEN WE GOTTA USE IT AT SOME IT'S SO YOU WELL, FOR WE HAVE USE IT AT SOME POINT.

I, I UNDERSTAND.

AND I, AND, UM, I, THERE, THERE STILL MAY BE, UH, OTHER CONVERSATIONS, BUT, BUT TO

[02:15:01]

GET, I, I WANNA GET THIS PROJECT MOVING AND UM, I, I UNDERSTAND WHERE, WHERE YOU GUYS ARE, BUT YOU, I, WE NEED YOU GUYS TO UNDERSTAND WHERE WE ARE.

I MEAN, THE, WE'RE DEALING WITH A STATE LEGISLATURE THAT'S TOYING WITH THE IDEA OF TURNING THE APPLE CART UPSIDE DOWN.

SO SALES TAX REVENUE, WHETHER THE RESIDENTS OF THIS COMMUNITY REALIZE IT OR NOT, COULD POTENTIALLY BE THE DRIVING FORCE.

AND, AND THOSE COMMUNITIES WHO DON'T HAVE THOSE SELF TAX DRIVERS WON'T BE COMMUNITIES IF THAT HAPPENS.

SO THIS IS A LOT, THIS IS A LOT DEEPER THAN, THAN JUST WHAT, WHAT WE'VE DISCUSSED HERE.

UM, AND MY GOAL IS NOT TO, NOT TO PUT ANY MORE BURDEN EITHER, WHETHER IT BE TAX BURDEN THAN WE HAVE TO ON, ON THE RESIDENTS OF THE COMMUNITY.

SO IF, IF Y'ALL ARE IN AGREEMENT WITH WHAT COUNCILMAN SMITH SAID ABOUT EXTENDING TO WHERE ALL THE TRAFFIC EAST OF THAT BEND CAN, CAN ACCESS CARDINAL WAY OUT TO A RED LIGHT, IS THAT, WHAT IS THAT, IS THAT A QUESTION? WE'RE IN AGREEMENT WITH THE PLAN THAT WE WORK WITH CITY STAFF.

THAT'S WHAT WE'RE HAVING.

SET THAT AGAIN, WE'RE HERE ASKING YOU ALL FOR AN APPROVAL TO COME INTO YOUR COMMUNITY.

SO, OKAY.

TRYING TO BE VERY RESPECTFUL OF, YOU KNOW, YOU'RE GONNA CREATE THE MOTION AND YOU'RE GONNA CREATE THE PARAMETERS FOR HOW WE MOVE FORWARD.

I THINK, I'M JUST TRYING TO, IN ALL HONESTY TELL YOU WHERE SAM'S CLUB IS.

WE'RE GONNA BRING A TREMENDOUS AMOUNT OF REVENUE, A TREMENDOUS AMOUNT OF JOBS.

WE'RE NOT GONNA BE PUT ONEROUS ON THE, ON, ON THE TAXPAYERS IN ANY WAY.

THERE'S GONNA BE ADDITIONAL REVENUES TO CONTINUE TO DO THIS ONCE.

I MEAN, THE WAY IT HAPPENS IN OTHER AREAS IS ONCE WE COME IN AND WE'RE A TAX PAYER AND WE'RE DEVELOPING REVENUES, THERE'S ADDITIONAL REVENUES AND WE HAVE A VOICE INTO HOW THIS IS, THIS IS ALSO MADE FORWARD.

SO I THINK WE'RE IN AGREEMENT WITH A PLAN THAT WE'VE WORKED OUT WITH CITY STAFF THAT WE HAS A LOT OF DUE DILIGENCE IS WHAT WE PRESENTED IN THE PUBLIC MEETING THAT WE HELD WITH THE NEIGHBORS.

IT'S THE SAME PLAN THAT WE'RE PRESENTING IN PLANNING AND ZONING.

IT'S THE SAME PLAN WE'RE PRESENTING TODAY.

THAT'S WHAT WE'RE IN AGREEMENT WITH.

RESPECTFULLY.

BECAUSE WE UNDERSTAND THAT, YOU KNOW, YOU GUYS MAKE THE MOTION AND YOU, AND YOU PASS THE, THE ORDINANCE INCLUDING THE WALL, CORRECT? YES MA'AM.

WITH, WITH A WALL.

THAT MAKES SENSE, BECAUSE THAT'S AN ISSUE.

THAT'S THAT YOU ASKED US TO STUDY THAT.

WE DID A FORMAL STUDY ON THAT.

WE HAVE DATA THAT WE CAN DRIVE.

AND IF YOU GIVE US ENOUGH LEEWAY THERE TO LET THE DR DATA DRIVE THE LOCATION WHERE, WHAT IT LOOKS LIKE IN CONJUNCTION WITH YOUR STAFF, A HUNDRED PERCENT ON THE BACKSIDE OF THAT SIMS CLUB PROPERTY, AND I'M, I'M TRYING TO FIND A SOLUTION HERE, AGAIN, FOR THE SAFETY TO GET FOLKS OUT OF THERE, BECAUSE THE TRUCKS ARE GOING TO RUIN GROVE CREEK.

THAT HAS TO BE UNDERSTOOD BY EVERYBODY.

THE TRUCKS WILL RUIN THAT ROADWAY.

IT IS ALREADY HOLDING ON FOR DEAR LIFE.

WHAT WE'VE DONE IN, IN RECENT COMMERCIAL DEVELOPMENTS IS THERE IS SOME SORT OF ACCESS ROAD, AND THAT'S JUST A LOOSE TERM, LIKE A PASS THROUGH, EITHER ON THE BACKSIDE OF, EITHER ON THE BACKSIDE OF THE BUILDING OR THROUGH THE MIDDLE OF THE PROPERTY, THROUGH THE MIDDLE OF THE PROPERTY HERE, WOULDN'T MAKE AS MUCH SENSE, BUT ON THE BACKSIDE, WHICH WOULD ALSO HELP WITH THE WALL.

HE COULD, HE COULD MOVE IT BACK MORE.

UM, AND WE DIDN'T REQUIRE IT TO BE A, A FULL BLOWN CITY STREET.

BUT IF WE COULD RUN ESSENTIALLY GROVE CREEK AT THAT BEND STRAIGHT TO THE BACK OF YOUR PROPERTY AND THEN STRAIGHT BACK TO CARDINAL, AWAY DOWN THE TREE LINE, COULD THAT BE SOMETHING THAT WE COULD, THAT Y'ALL COULD WORK WITH CITY STAFF TO GET THOSE RESIDENTS A SAFE ROUTE TO THE STOPLIGHT INSTEAD OF BUILDING A FOUR LANE ROAD THROUGH, THROUGH THE WHOLE WAY? COULD THAT BE SOMETHING THAT WE COULD WORK THROUGH WITH Y'ALL? AND IF THE CITY'S ONLY PAYING FOR THAT ONE STRETCH AND YOU'RE PAYING TO EXTEND THE BACKSIDE OF YOUR PROPERTY SO MANY FEET, 'CAUSE YOU DO OWN THE ENTIRE, BOTH YOU, YOU OWN BOTH PARCELS OF LAND.

SO EXTENDING YOUR SITE PLAN RIGHT NOW BY 40 FEET ON THE BACKSIDE TO ADD TWO LANES OF TRAFFIC WOULD BE NOTHING.

I MEAN, YES, IT WOULD COST SOMETHING, BUT WOULDN'T BE ANYTHING SIGNIFICANT.

AND IF THE CITY THROUGH OUR IMPACT FEES, WE PAID TO EXTEND CARDINAL, SO IT'S STRAIGHT TO THE BACK OF YOUR PROPERTY, WOULD THAT BE SOMETHING THAT YOU COULD WORK THROUGH WITH STAFF? HERE'S A CHALLENGE.

'CAUSE I, WE UNDERSTAND THE IMPORTANCE OF THE WARDS AND THE COMMITMENTS THAT ARE MADE TONIGHT.

AND, AND WE MIGHT BE SAYING OR HEARING DIFFERENT.

SO THE WAY THAT WE NORMALLY, AND, AND THIS IS PART OF THE CHALLENGE AS I SEE IT TONIGHT FOR SAM'S CLUB, IS WE USUALLY DO THESE THINGS AND LIKE THE CITY ENGINEER WILL SEND US BACK LIKE SOME

[02:20:01]

SORT OF DESIGN OR SCHEMATIC THAT SAYS, CAN WE DO THIS RIGHT? AND THEN OUR ENGINEERS EVALUATE THAT BASED ON TRAFFIC COUNTS TIMES OUR OPERATIONS.

AND THEN WE, WE KIND OF ISSUE COMMENTS BACK AND FORTH.

UM, RIGHT.

I MEAN, THAT, THAT'S USUALLY THE WAY THAT WE WORK WITH CITY STAFFS EVERYWHERE.

SO IT'S HARD TO JUST KIND OF POINT AT A MAP AND SAY FROM HERE TO HERE, YOU KNOW, AND I UNDERSTAND YOU'RE TRYING TO PAINT IT, BUT IT'S HARD FOR US TO SEE WITHOUT ACTUALLY SEEING IT ON THE, AT THE SAME TIME, WE'RE READY TO MOVE FORWARD WITH THIS PROJECT TO START.

SO THE WILLINGNESS IS THERE TO CONTINUE TO HAVE CONVERSATIONS, BUT I JUST WANT TO BE VERY CAREFUL THAT WE CAN'T COMMIT TO SOMETHING WE HAVEN'T SEEN, UM, THAT HASN'T BEEN, YOU KNOW, STUDIED, SHOWN DATA DISCUSSED BETWEEN ENGINEERS.

SO I JUST WANNA BE VERY CLEAR THAT THE WILLINGNESS IS THERE TO BE A GOOD NEIGHBOR.

THE, THE WHERE THE RUBBER MEETS THE ROAD IS, I, WE CANNOT COMMIT TONIGHT ON WITHOUT SEEING ACTUALLY SOME ENGINEERING WITH SOME DATA AND WHY IT WOULD BE A BETTER PLAN THAN WOULD EXIST TODAY.

COULD Y'ALL COMMIT TO A WORKING WITH CITY STAFF TOWARD A PARTITION TYPE WALL BEHIND THE LOADING DOCKS AND IMPROVED CONNECTABILITY FROM GROVE CREEK TO CARDINAL WAY? THE PARTITION WAS WHAT THE MAYOR RECOMMENDED.

MM-HMM .

OKAY.

THAT'S WHAT WE'RE CALLING IT.

A PARTITION.

I MEAN, I, I, THAT'S JUST THE WORD I'M GONNA USE.

I'M GONNA ASK OUR ATTORNEY FIRST, BUT YEAH, WE, YEAH, WE WILL HAVE TO, UH, DEFINE IT.

BUT YES, DEFINITELY I WANT THE MAYOR RECOMMENDED AND FIGURE, YOU KNOW, TRYING TO MAKE IT SOMETHING.

IT'S NOT JUST WATER THAT JUST IMPROVE CONNECTIVITY BETWEEN GROVE CREEK AND CARDINAL IMPROVE CONNECTIVITY.

YES.

THERE'S NO COMMIT GROVE TO WHAT THAT CONNECTIVITY LOOKS LIKE WITHOUT SEEING ACTUAL PLANS.

CORRECT.

CAN, CAN I ASK JUSTIN A QUESTION REAL QUICK? GO AHEAD, JUSTIN.

AND I'M, I'M NOT TRYING TO DOWNPLAY WHAT YOU'RE SAYING ABOUT GROVE CREEK, BUT HOW MUCH DAMAGE DOES AN EMPTY 18 WHEELER DO TO A ROAD LIKE GROVE CREEK? BECAUSE THE TRUCKS THAT ARE GONNA BE COMING OUTTA SAM'S AND GETTING ON GROVE CREEK ARE GONNA BE EMPTY TRUCKS.

AM I CORRECT? 'CAUSE THEY WOULD'VE BEEN UNLOADED BEFORE THEY GET ON THERE.

'CAUSE THEY'RE GONNA COME IN ON A CARDINAL LOADED, BUT WHEN THEY GO OUT, THEY'RE GONNA BE EMPTY.

SO THEY'RE NOT GONNA WEIGH ANYWHERE NEAR AS MUCH WHEN THEY LEAVE.

SO DO 18 EMPTY 18 WHEELERS PUT TOO MUCH DAMAGE ON A KIND OF ROAD THAT WE'RE TALKING ABOUT THAT THAT'S A COMPLICATED ANSWER THAT REQUIRES SOME MAPPING TO DO, TO BE ABLE TO DETERMINE THE, THE WEIGHT OF THOSE TRUCKS VERSUS THE THICKNESS OF, BECAUSE I'M NOT TRYING TO DISAGREE WITH TRAVIS ABOUT THE ROAD GETTING, JUST THE WEIGHT'S NOT GONNA BE THE SAME AS WHAT THEY ARE.

IT'S ALREADY, THE ROAD'S ALREADY AWFUL.

I MEAN, IT'S AL IT'S WELL, I UNDERSTAND THAT, BUT I DON'T KNOW WHAT IT, I DON'T KNOW WHAT IMPROVEMENTS THEY'RE GONNA, NOW THE DRAIN WILL BE WORSE.

I DON'T KNOW WHAT KIND OF IMPROVEMENTS THEY'RE GONNA MAKE.

BUT ONE THING ABOUT IT IS THE IMPROVEMENTS THEY'RE GONNA MAKE TO GROVE CREEK IS GONNA BE ABLE TO SUPPORT 18 WHEELER TRUCK TRAFFIC.

SO IT'S GONNA BE DESIGNED, ENGINEERED, AND REBUILT TO SUPPORT THE WEIGHT OF THOSE TRUCKS AND THE TURNING MOVEMENTS AND EVERYTHING ELSE.

THAT'S THE WHOLE POINT OF THEM DOING THAT IS SO IT CAN SUPPORT IT WITHOUT TEARING IT UP, BUT ONLY TURN RIGHT AT 77.

RIGHT.

AND SO COUNCILMAN SMITH, I, YOU KNOW, I THINK, I THINK THIS IS A GOOD THOUGHT, UH, BUT ALSO, YOU KNOW, IT TAKES SOME TIME TO WORK THROUGH THOSE THINGS.

AND SO AS, AS FAR AS THE SAM'S CLUBS ITSELF, IF YOU'LL ALLOW US TO WORK WITH 'EM, THINK ABOUT THIS DESIGN, THINK ABOUT WHAT WORKS BEST.

I THINK THE WALL IS, YOU KNOW, THEY'RE AMENDABLE TO THE WALL.

UM, IF WE'RE GONNA BUILD THAT PORTION OF THE ROAD ANYWAY, THEN WE'VE GOT SOME SAY ON THE DESIGN OF IT AND THE CONNECTIVITY AND SUCH.

SO IF YOU'LL ALLOW US, YOU KNOW, TO WORK WITH OUR STAFF AND THEIR STAFF TO, TO FIGURE THAT OUT AND BOUNCE BACK AND FORTH ON THE DESIGN AS SUCH, A MOTION, MOTION.

HE'S GOT LANGUAGE FOR THE WALL.

THAT'S WHAT HE WAS.

OKAY.

AND THE ROAD, HE SAID.

OKAY.

ANYTHING ELSE? READING CLASSES READ FOR HE CAN.

OKAY, THERE YOU GO.

LET ME READ THE WORDING FOR THE WALL AND FOR THE CONNECTIVITY ISSUE, BEFORE I PUT IT IN THE, WE PUT IT IN THE MOTION, MAKE SURE YOU'RE OKAY WITH IT.

ON THE WALL WOULD BE, IT WOULD BASICALLY PROVE THE ZONING ORDINANCE WITH THE INCLUSION OF A SOUND SLASH PARTITION WALL ALONG THE LOADING DOCK AREA TO BE INCLUDED IN THE DETAILED SITE PLAN ATTACHED TO THE ZONING ORDINANCE, THE DESIGN AND LOCATION OF WHICH WALL SHALL BE SUBJECT TO THE APPROVAL OF THE SENIOR DIRECTOR OF PLANNING AND ZONING.

AND THE, THE, UH, THE, THE ROADWAY WOULD BE, UH, SAM SAM'S CLUB COMMITS TO DISCUSSIONS WITH CITY STAFF TO IMPROVE CONNECTIVITY BETWEEN GROVE CREEK AND CARDINAL CARDINAL ROAD.

IS THAT YES, YES.

IS THAT OKAY? OKAY.

YES.

SO THE, CAN WE PUT SOMETHING IN THERE AS FAR AS THE 120

[02:25:01]

FEET FROM THE LOADING DOCK? I'D LIKE TO, I THINK WE A LITTLE BIT LOOSE.

I, I THINK BY GIVE IT TO CITY STAFF TO LOOK AT THAT, THAT THOSE ISSUES AND THOSE, THOSE ARE, THIS IS ON THE WALL.

YEAH.

OKAY.

SO IF, IF THE, IF IT'S OKAY, I'LL READ THE MOTION AGAIN JUST TO MAKE SURE IT IS, I'M, I'M CLEAR.

UM, I MOVE TO APPROVE ZDC DASH 75 DASH 2 0 2 5, A ZONING CHANGE REQUEST FROM A SINGLE FAMILY, ONE ZONING DISTRICT TO A PLAN DEVELOPMENT GENERAL RETAIL ZONING DISTRICT, SUBJECT TO THE CONDITIONS OF THE STAFF REPORT, AUTHORIZED INTERIM CITY MANAGER AND OR MAYOR TO EXECUTE ALL NECESSARY DOC DOCUMENTS.

AND FURTHER WITH THE INCLUSION OF A SOUND SLASH PARTITION WALL ALONG THE LOADING DOCK AREA TO BE INCLUDED IN THE DETAILED SITE PLAN ATTACHED TO THE ZONING ORDINANCE, THE DESIGN AND LOCATION OF WHICH SHALL BE SUBJECT TO THE APPROVAL OF THE SENIOR DIRECTOR OF PLANNING AND ZONING.

AND SAM'S CLUB FURTHER COMMITS TO THE DISCUSSIONS WITH CITY STAFF TO IMPROVE CONNECTIVITY BETWEEN GROVE CREEK AND CARDINAL ROAD.

I'LL ACCEPT THAT MOTION RIGHT THERE, HOW HE SAID THAT.

SECOND .

IS THAT A, SO THAT'S A MOTION.

UH, YEP.

AND WE GOT A SECOND.

OKAY.

ALL IN FAVOR RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU.

[18. Consider Development Agreement for ZDC-75-2025]

AND THAT BRINGS US TO 18.

THANK YOU GUYS.

CONSIDER DEVELOPMENT AGREEMENT FOR ZDC 75 DASH 2025.

TERRY, DO WE NEED TO INCLUDE ALL OF WHAT YOU JUST SAID OR JUST SAY AS PREVIOUSLY? WELL, I, I THINK THAT BECAUSE IT'S GONNA BE, IT'S GONNA BE IN THE ZONING ORDINANCE.

WE DON'T NEED TO PUT THAT IN THE, THE, THE WALL WILL BE AN ATTACHMENT TO THE ZONING ORDINANCE, I THINK WILL BE COVERED WITH THE ZONING ORDINANCE.

OKAY.

MADAM MAYOR, MADAM MAYOR, I MOVE TO APPROVE THE DEVELOPMENT AGREEMENT FOR ZDC 75 DASH 2025.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

[19. Consider proposed resolution for Candidate Nominations for the Ellis Appraisal District Board of Directors for the Year 2026]

NEXT ITEM NUMBER 19, CONSIDER PROPOSED RESOLUTION FOR CANDIDATE NOMINATIONS FOR THE ELLIS APPRAISAL DISTRICT BOARD OF DIRECTORS FOR THE YEAR 2026.

SO AGAIN, UH, AS WE MENTIONED AT THE LAST MEETING, IS TIME TO MAKE NOMINATIONS FOR, UH, THE EEC AD BOARD.

UM, WE CAN EITHER PUT IN A NOMINATION OR WE CAN, UH, DEFER TO DO SO AND WE CAN STILL VOTE ON, UH, NOMINATED, UH, PEOPLE AT A LATER TIME.

UH, WE JUST HAVE TO HAVE OUR VOTE IN BY DECEMBER 15TH, UM, OR ACTUALLY SAYS BEFORE DECEMBER 15TH.

SO WE PROBABLY BRING IT BACK TO YOU ON DECEMBER THE FIRST FOR THE ACTUAL ELECTION.

BUT IF YOU HAVE ANY NOMINATIONS, UH, WE NEED TO PUT 'EM IN AT THIS TIME.

AND AGAIN, UH, RICK HEALER HAS INDICATED HE DOES NOT WANT TO CONTINUE TO, UH, SERVE IN THAT CAPACITY.

AND WALTER IRWIN HAS SAID THAT HE WOULD BE INTERESTED IN CONSIDERING, UH, CONTINUING TO SERVE.

I MEAN, HAVE WE RECEIVED ANY NOTIFICATION FROM THE SCHOOL DISTRICT OR SCHOOL DISTRICTS ON WHO THEY PLANNED TO? WE HAVEN'T.

WE HAVE NOT HAD ANY SUCH COMMUNICATION, NO.

OKAY.

BECAUSE WE DON'T HAVE ENOUGH VOTES FOR IT TO, HONESTLY, FOR IT TO MATTER IF WE NOMINATE SOMEBODY AND NOBODY ELSE JOINS IN.

NO, AGAIN, WE, WE, UH, WE HAVE 7.7% OF THE VOTES.

SO WE, WE CAN CHOOSE NOT TO NOMINATE ANYONE IF YOU WANT TO.

AND WE CAN SEE WHO THE NOMINATIONS ARE AND THEN VOTE AT A LATER TIME.

THIS IS JUST FOR THE NOMINATIONS.

COUNSEL, DO YOU HAVE ANY NOMINATIONS? NO, I MEAN, MY GUT SAYS THAT WE NEED TO, I HATE TO SAY THIS, BUT US FIVE, WE NEED TO KIND OF WORK HARDER AND FIND OUT WHO OTHER ENTITIES ARE GOING TO NOMINATE SO WE CAN AT LEAST HAVE A CHANCE TO MAKE AN IMPACT.

NOT SAYING THAT NOBODY HERE HAS WORKED HARD, IT'S JUST THAT'S KINDA WHERE WE'RE AT.

I MEAN, WE, WE DON'T HAVE ENOUGH VOTES TO MATTER.

WE JUST DON'T MAKE A NOMINATION.

NO.

OKAY.

ALRIGHT.

AND WE'LL JUST WAIT UNTIL THE NOMINATIONS ARE MADE AND THEN WE CAN VOTE.

OKAY.

SO DO WE NEED TO, IS THAT WHAT Y'ALL WANT? TABLE IT TO DECEMBER 1ST? WELL, WE CAN'T TABLE THE NOMINATIONS.

THE NOMINATIONS ARE DUE.

UH, SO WE CAN, WE CAN JUST NOT NOMINATE ANYONE.

WE HAVE TO BANK NOMINATIONS BY THE 15TH.

IS THAT THE WILL OF COUNSEL? THAT WE ARE NOT MAKING ANY NOMINATIONS TONIGHT? I HAVE NONE.

OKAY.

YEAH.

YEAH.

OKAY.

COOL.

ALRIGHT.

[20. Consider vote for Texas Municipal League (TML) Region 13 Board of Directors Election ]

ITEM NUMBER 20.

CONSIDER VOTE FOR TEXAS

[02:30:01]

MUNICIPAL LEAGUE REGION 13 BOARD OF DIRECTORS ELECTION.

AMBER, GOOD EVENING, MAYOR AND COUNCIL.

UH, YOU EACH RECEIVED THE BALLOT FOR THE TML BOARD OF DIRECTORS? THERE ARE FOUR CANDIDATES.

UM, AND I ALSO SENT THE BIOS THAT THEY PROVIDED AND, UH, COUNCIL GETS ONE VOTE, SO IT WOULD JUST BE A UNANIMOUS DECISION.

UM, FOR, HE WOULD LIKE TO SELECT AS THE, OUR, OUR NOMINATION FOR TEAM L, BOARD OF DIRECTORS FOR REGION 13 UN UNLIKE EEC AD WE DON'T HAVE A PERCENTAGE VOTE OR ANYTHING LIKE THAT.

THE CITY, THE CITY HAS ONE VOTE, CORRECT? YEAH.

DO Y'ALL HAVE ANYBODY THAT YOU WOULD, UH, SELECT? I'M GOOD WITH WHOEVER YOU SAY, BECAUSE YOU MET ALL THOSE GUYS.

I HAVEN'T, THE ONLY ONE I KNOW IS STANLEY .

SO, WELL, I, I WOULD GO WITH STANLEY BECAUSE HE IS, HE IS COMMITTED TO TML AND HAS BEEN INVOLVED IN EVERYTHING AND SEEKS OUT WHEN I'VE RUN INTO HIM, SEEKS OUT, UH, OPINIONS AS TO DIFFERENT, I, I JUST, HONESTLY, I DON'T KNOW THE OTHER PEOPLE.

WELL, WHEN DO Y'ALL MAKE THAT MOTION? AFTER HECK OF A LAST NAME.

.

HE'S A, HE'S A, A PROVEN LEADER.

YES.

SO MUCH HE'S PROVEN HIMSELF.

UH, TIME AND TIME AGAIN.

THAT WOULD BE MY VOTE AS WELL, IF YOU WANNA MAKE THAT MOTION.

OKAY.

I MOVE THAT THE CITY OF WAXAHATCHEE CAST ITS VOTE FOR STANLEY GLOVSKY.

HOW'S THAT? ? UM, AS A REGION 13 DIRECTOR ON THE TML BOARD OF DIRECTORS.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU, COUNSEL.

ALL RIGHT.

THAT, UH, BRINGS US TO ITEM 21 TO CONVENE IN THE EXECUTIVE SESSION.

[23. Comments by Mayor, City Council, City Attorney and City Management]

BUT BEFORE WE DO THAT, UH, I WILL SOLICIT ANY COMMENTS, UH, THEN THAT WAY, UH, FOR THOSE OF YOU THAT WOULD LIKE TO LEAVE AND GO, GO TO BED, UH, GO FREE TO DO THAT.

UH, SO I'LL START TO MY RIGHT DOWN THERE.

MISSY, DO YOU HAVE ANYTHING? NO, I'M HONORED TO BE HERE TO LISTEN AND PARTICIPATE EVEN THOUGH I, I'VE WANTED TO RAISE MY HAND SEVERAL TIMES AND I MY HAND DOESN'T COUNT.

SO, TERRY, NOTHING MAD.

MAYOR.

THANK YOU.

COUNCILMAN WRIGHT.

WELL, FIRST I'D LIKE TO THANK EVERYBODY ON HERE FOR WORKING WITH THE WHOLE SAMS THING.

'CAUSE I THINK IN THE LONG RUN IT'S GONNA BE SOMETHING REALLY GOOD FOR THE CITY.

I REALIZE THERE'S GONNA BE TRAFFIC ISSUES AND IT'S GONNA BE A, A PROCESS, BUT IF WE DIDN'T PUT SAMS THERE, THERE'S GONNA BE ANOTHER RETAILER THAT'S GONNA BE HUGE THAT'S GONNA BE THERE.

AND ON THAT PIECE OF LAND RIGHT NEXT TO IT, IT'S GOING TO GET DEVELOPED REGARDLESS.

AND SAM'S HAS PROVEN, AND WALMART HAD PROVEN THROUGH THE YEARS TO BE GOOD PARTNERS WITH THE CITIES AND EVERYTHING THAT THEY DEAL WITH, BECAUSE I USED TO HAVE TO BUILD KMART STORES RIGHT ACROSS THE STREET FROM 'EM AND DEAL WITH THE CITIES THAT DID THAT.

SO IT'S, IT'S SOMETHING THAT THEY WILL BE A GOOD PARTNER WITH THE CITY IN THE LONG RUN.

IT'S GONNA BE A HARD TOW TO GET THAT, BUT THANK YOU GUYS FOR THAT.

AND THEN JUST ONE QUICK COMMENT ON THE OTHER, IT'S BEEN A NASTY DAY, APPARENTLY.

I TOLD YOU GUYS, I'VE BEEN DRIVING, SO I DIDN'T READ EVERYTHING THAT WAS ON THERE, BUT NONE OF THAT'S FIRSTHAND KNOWLEDGE.

UH, I'M ASSUMING ANYBODY ELSE ON THIS COUNCIL HAS FIRSTHAND KNOWLEDGE OF THAT STUFF.

SO IT'S JUST, IT'S, UH, SOMETHING TO AVOID .

YEAH.

THANK YOU.

MAYOR PRO.

TIMM SUITER.

YES, MA'AM.

UH, FIRST OFF, UM, ERIC, THANK YOU FOR COMING OUT.

THANK YOU FOR YOUR SERVICE.

THANK YOU FOR BEING INTERESTED IN NOT ONLY THE CITY, BUT YOU KNOW, EVERYTHING THAT IMPACTS THE CITY.

SO I THANK BOTH OF Y'ALL FOR COMING OUT.

UM, UH, AS IT RELATES TO SAM'S, I THINK THAT WE HAVE AN OPPORTUNITY TO BRING, UH, A BUSINESS ENTITY IN THAT'S GONNA PROVIDE A LOT OF JOBS, PROVIDE A LOT OF SALES TAX.

UM, I KNOW THAT WE'RE TRYING TO GET THINGS ADDED TO IT, BUT LONG TERM, WHEN YOU LOOK AT THE VALUE OF WHAT, WHAT THEY'LL BE BRINGING, I THINK THAT, UH, IT'LL, IT'LL BE WAY, WAY MORE BENEFICIAL EVEN IF WE JUST GET IT THE WAY WE SET IT UP TONIGHT, YOU KNOW? MM-HMM .

UM, FINALLY, I'M LIKE, CHRIS, I GOT IN AT LIKE SIX 15 THIS AFTERNOON AND CHANGED AND STARTED COMING THIS WAY.

I WASN'T PRIVY TO, TO ALL THAT WAS GOING ON.

[02:35:01]

UM, I HOPE THAT, UH, THAT UM, THIS IS JUST A MINOR BUMP IN THE ROAD AS IT RELATES TO THE COMMENTS THAT WERE MADE TONIGHT AND THAT WE GET PAST THIS AND, AND CONTINUE TO WORK TOGETHER, UH, FROM THE COUNCIL.

AND I THINK THAT, UM, GOING THROUGH THE SAM'S PROCESS, I THINK DEMONSTRATES THAT.

SO, UM, THAT'S IT.

THANK YOU TO MY LEFT.

SEEING THE STAFF DOWN THERE, SEAN, TRENTON.

NOW ALBERT, UH, THE ONLY THING I'D LIKE TO SAY IS I APPRECIATE ALL OF OUR STAFF AND THE HARD WORK THEY, THEY'VE DONE WORKING WITH SAM'S.

'CAUSE UH, WHAT WE'VE SEEN TONIGHT IS DRASTICALLY DIFFERENT FROM WHERE IT STARTED.

AND SAM'S HAS BEEN A VERY GOOD PARTNER WORKING WITH US AND TO, TO TRY TO ACCOMMODATE EVERYTHING.

SO, UH, IT HAS BEEN A LOT OF WORK PUT INTO IT, AND SO I APPRECIATE, UM, ALL THE FOLKS THAT HAVE BEEN BEEN WORKING ON IT.

THANK YOU COUNCILMAN SMITH.

ECHOING ALL OF THAT.

UM, AND I BELIEVE WE HAD SOME HIGH SCHOOL KIDS HERE, UH, THROUGHOUT THE CROWD THIS EVENING.

SO WHATEVER TEACHER ASSIGNED THEM HOMEWORK OR EXTRA CREDIT, WHATEVER THAT WAS, UH, GOOD JOB.

THEY DIDN'T ALL STAY.

UH, SO FULL DISCLOSURE THERE.

UM, AS FAR AS THE PAPER OF RECORD THING, UM, I MEAN, I, I'M A HISTORIAN.

I, I LOVE THE COMMUNITY AND, AND THE DAILY LIFE'S BEEN OUR PAPER.

UM, IT HAS BEEN, IT'S, IT'S CHANGED OWNERSHIP OVER A DOZEN TIMES IN 160 YEARS, UM, 140 YEARS.

BUT THAT'S BEEN OUR PAPER.

UM, SO I THINK, UH, I BELIEVE WE MADE THE CORRECT DECISION IN GIVING OUR CITY STAFF ALL OF THE TOOLS NECESSARY TO MAKE SURE THAT WE DON'T HAVE TO RESCHEDULE ANY MEETINGS IN THE FUTURE OR MISS ANY POSTINGS.

UM, SO THANK Y'ALL FOR THAT.

UM, AS FAR AS SAM'S, I AGREE.

I MEAN, IT'S, IT'S GONNA BE HUGE.

I MEAN, THAT, THAT'S A, YES, IT'S GONNA BRING TRAFFIC.

UM, BUT WHEN YOU START TO THINK ABOUT ALL OF THE, EVEN LIKE THE RESTAURANTS OR SMALL BUSINESSES THAT, THAT BULK ORDER THINGS NOW, AND THEY'RE HAVING, HAVING TO DRIVE TO MANSFIELD OR OFF OF I 20 TO GO PICK THOSE THINGS UP, UM, WE'LL HAVE SAM'S AND BJ'S HERE, UM, TO, TO DO THOSE THINGS.

UM, SO WE'RE KEEPING MORE OF THOSE SALES TAX DOLLARS IN HOUSE.

AND I MEAN, WE, WE'VE, WE WENT TO SAM'S CLUB, UH, THIS PAST WEEKEND AHEAD OF OUR SOON TO BE TOMORROW NINE YEAR OLD'S BIRTHDAY.

AND, UH, IF ANYONE IS IN THE MARKET FOR SOME MEATBALLS, I HAD TO BUY A FIVE POUND BAG OF THEM.

AND THEY'RE STILL THREE POUNDS LEFT.

SO IF ANYBODY WANTS SOME, COME GET 'EM.

'CAUSE I'M ALREADY TIRED OF THEM.

COUNCILMAN ATKINS? WELL, THERE'S NOT A WHOLE LOT LEFT TO BE SAID, BUT, UH, JUST WANTED TO, UH, THANK MISSY.

I'VE, I'VE KNOWN MISSY A LONG TIME.

HER, HER HUSBAND AND I, I THINK WENT TO KINDERGARTEN TOGETHER.

UM, SO THANK YOU FOR ALL YOU DO FOR THIS COMMUNITY.

AND THAT'S ALL I HAVE.

CHIEF BOY.

YEAH, I JUST ALSO WANT TO ECHO THE, UH, THE HARD WORK OF THE STAFF.

YOU KNOW, WHEN YOU WORK ON A PROJECT LIKE THIS FOR OVER A YEAR AND BRING IT TO FRUITION, I THINK IT'S REALLY GREAT THAT, UH, ALL THE DETAILS THAT THEY HAVE TO GO THROUGH.

AND ALSO WANNA SAY THANKS TO TERRY, THERE'S A LOT OF THINGS THAT WE'VE THROWN AT HIM LATELY THIS AFTERNOON.

I SENT HIM SOMETHING AT LIKE TWO 30 THAT PERTAINED TO THAT TONIGHT'S MEETING, AND THREE 30 OR FOUR O'CLOCK, HE ALREADY HAD AN ANSWER BACK BEFORE HE HAD TO LEAVE TO COME DOWN HERE.

SO, TERRY, THANK YOU VERY MUCH FOR YOUR GUIDANCE.

APPRECIATE YOU.

THANK YOU FOR THAT.

THANK YOU MISSY, FOR, UH, ALL OF YOUR SERVICE, UH, THAT, THAT YOU'VE GIVEN OVER THE YEARS, UH, TO WAXAHATCHEE.

AND I KNOW THAT YOU'LL CONTINUE TO GIVE, WE HAVE A LOT OF HOMETOWN HEROES RIGHT HERE IN WAXAHATCHEE, AND YOU'RE ONE OF THEM.

SO THANK YOU.

UM, NEXT, ERIC, THANK YOU FOR YOUR SERVICE AND FOR YOU COMING TONIGHT AND, UH, SPEAKING ABOUT YOUR DESIRES AND YOUR, YOUR WILLINGNESS TO CONTINUE TO SERVE, UH, BEYOND WHAT YOU, YOU'VE ALREADY DONE.

THANK YOU.

UH, NEXT UP, UM, SAM'S CLUB.

I APPRECIATE, UH, EVER EVERYONE FROM SAM'S CLUB THAT'S WORKED, UH, WITH THE CITY AND, UH, ALL THE RESIDENTS THAT HAVE BEEN HERE AND THAT HAVE SPOKEN UP AND WITH THEIR CONCERNS.

UM, I FEEL LIKE WE'VE ADDRESSED A LOT OF THINGS, UH, LIKE ALBERT SAID, FROM WHERE WE STARTED TO WHERE WE WE ARE NOW.

UH, I FEEL LIKE WE'VE, WE'VE, UH, ADDRESSED A LOT OF THE CONCERNS THAT THE RESIDENTS HAVE HAD.

UH, TRAFFIC IS ALWAYS GONNA BE A COMPLAINT AND AN ISSUE

[02:40:01]

IN WAXAHATCHEE.

IT JUST IS.

AND MAINLY BECAUSE, ESPECIALLY THOSE OF US THAT ARE HERE FOREVER, THAT TRAFFIC WAS NOT AN ISSUE.

AND IT IS NOW, WAXAHATCHEE HAS CHANGED AND IT'S GONNA CONTINUE TO CHANGE.

AND FOR THOSE OF US THAT CONTINUE TO WANNA LIVE HERE AND LOVE THIS PLACE, WE GOTTA GET USED TO IT.

AND I'LL TELL YOU, RARELY DO I GET ON 77 IF THERE'S A BACK ROAD HERE.

AND TRUST ME, I, I KNOW ALL THE BACK ROADS, UH, THAT THOSE ARE THE ROADS THAT I TAKE BECAUSE ON FRIDAY OR SATURDAY, YOU WILL NEVER CATCH ME ON 77.

UH, BUT I APPRECIATE ALL THE RESIDENTS, ALL OF YOUR CONCERNS AND YOUR WILLINGNESS TO COME AND SPEAK UP.

UH, WE WANT TO HEAR FROM Y'ALL.

WE WANT TO ADDRESS THESE THINGS, AND I FEEL LIKE WE'VE MADE SOME IMPROVEMENTS.

IMPROVEMENTS FROM WHERE THIS PROJECT STARTED.

UH, I WANNA COMMEND SO MANY OF THE CITY EMPLOYEES.

I WILL SAY IN THE LAST, UH, COUPLE OF WEEKS, THREE WEEKS, I'VE THROWN A LOT OF STUFF AT CHIEF BOYD REQUESTS FROM CUTTING TREES DOWN TO REMOVING SIGNS THAT NO LONGER SERVE A PURPOSE.

UM, JUST SO MANY THINGS.

AND, UH, I WILL TELL YOU THAT I'VE BEEN VERY, VERY IMPRESSED.

UM, YOU KNOW, WITH THE TEAM, STAFF, ALL THE CITY EMPLOYEES.

UM, I, I'M JUST, I'M BLOWN AWAY.

IT, IT'S, IT'S A NEW DAY IN WAXAHATCHEE.

IT REALLY IS.

AND I, I JUST APPRECIATE IT BECAUSE IF, IF THE CITIZENS, IF IT'S A CITIZEN CONCERN, IT'S COUNCIL'S CONCERN AND IT'S STAFF AND THE EMPLOYEE'S CONCERN, AND EVERY DAY ALL OF YOU PROVE THAT.

AND, UM, MARY WALLACE, CAN I ADD ONE THING? UM, FOR MISSY AND FOR RUSSELL, UM, I FAILED TO MENTION THIS, BUT THREE OF US, IT WAS NOT A QUORUM.

WE WERE NOT MEETING, UM, WE'RE AT THE WASATCH AT, AT THE NEWLY FORMED WAXAHATCHEE CULT CULTURAL ARTS COMMISSION.

AND RYAN WAS NAMED THE CHAIR.

SO HE WAS, YES.

UH, HE SAID MULTIPLE TIMES THAT IT WAS BECAUSE OF Y'ALL THAT HE WANTED TO GET INVOLVED.

SO THANK YOU.

YEAH.

AND THE LAST THING ON MY LIST IS, UM, I I JUST WANNA SAY KUDOS TO, TO, UH, THE TEAM, UH, OVER THE CEMETERY.

UH, I, I KNOW THAT, UH, STEVE HAM HAS RECENTLY BEEN TRANSFERRED BACK TO THE CEMETERY AND WE'VE GOTTEN A LOT OF COMPLIMENTS.

AND SO OF COURSE, YOU KNOW, WHEN I HEAR THINGS I'VE GOTTA GO SEE FOR MYSELF.

AND SO I HAVE DRIVEN OUT THERE, AND I WILL TELL YOU, OUR CITY CEMETERY LOOKS BETTER NOW THAN IT HAS IN YEARS.

IT'S SOMETHING TO BE PROUD OF.

AND I JUST, UH, JUST WANT TO CONTINUE TO SAY THANK YOU FOR ALL THE, UH, EMPLOYEES THAT WORK SO HARD TO KEEP THIS CITY FUNCTIONING AND, UM, YOU KNOW, THE RESIDENTS SAFE, UH, THE FIRST RESPONDERS AND, AND YOU KNOW, THE, THE CATTLE DRIVE THAT WE JUST HAD, SO MUCH WORK IS PUT INTO THAT, THAT A LOT OF PEOPLE NEVER EVEN KNOW ABOUT.

AND I'LL TELL YOU, IF YOU EVER GO AFTER AN EVENT DOWNTOWN THE NEXT MORNING, YOU'D NEVER EVEN KNOW THAT THERE WAS AN EVENT THAT HAPPENED BECAUSE AT, AT THE, THE BREAK OF DAWN, THEY'RE DOWN THERE PICKING UP TRASH, YOU KNOW, MOVING THIS AND MOVING THAT SO THAT TRAFFIC CAN THEN FREE FLOW.

AND THE ONLY THING YOU MIGHT FIND IS A PORTA-POTTY STILL SITTING THERE.

BUT OTHER THAN THAT, YOU'D NEVER KNOW THAT THERE WERE THOUSANDS OF PEOPLE IN THE DOWNTOWN AREA.

I THINK THAT'S IT.

[21. Convene into Executive Session to deliberate economic development incentives, as permitted by Texas Government Code Section 551.087; to deliberate the purchase, exchange, lease, or value of real property for municipal purposes, as permitted by Texas Government Code Section 551.072; to deliberate personnel matters, including the appointment, evaluation, duties or dismissal of any member of a City board or commission, and selection of a City Manager, all as permitted by Texas Government Code Section 551.074; and to consult with the City Attorney regarding legal issues related to the city manager transition, as permitted by Texas Government Code Section 551.071, and all matters incident and related thereto]

SO WITH THAT, UM, WE ARE GOING TO CONVENE INTO EXECUTIVE SESSION.

AGAIN, THANK YOU ALL FOR BEING HERE.

ALL

[22. Reconvene and take any necessary action]

RIGHT, WE'RE GONNA RECONVENE.

IT IS 1111.

COUNSEL MADAM MAYOR, I'LL MOVE TO AUTHORIZE THE CITY ATTORNEY TO COMMENCE ANY AND ALL DEFAULT AND OR PROPERTY REVERSION PROVISIONS PURSUANT TO THE DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED AT TWO 16 NORTH COLLEGE STREET.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

ANY OTHERS? MADAM MAYOR, I MOVE TO APPROVE THE CHAPTER THREE 80 ECONOMIC DEVELOPMENT AGREEMENT AND INCENTIVE PACKAGE WITH HOLT, TEXAS LIMITED,

[02:45:02]

AS PRESENTED IN EXECUTIVE SESSION AND AUTHORIZE THE INTERIM 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.

ANY OTHERS? MADAM MAYOR, I MOVE TO AUTHORIZE INTERIM CITY MANAGER TO NEGOTIATE AND PURCHASE APPROXIMATELY 1.02 ACRES OF LAND, APPROXIMATELY 0.54 ACRES OF RIGHT OF WAY AND APPROXIMATELY 0.17 ACRES OF DRAINAGE AND UTILITY EASEMENT IS PRESENTED IN EXECUTIVE SESSION FOR $25,000 AND AUTHORIZED INTERIM CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR THIS TRANSACTION.

DO WE HAVE A SECOND? ALL IN FAVOR, RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

ANY OTHERS? MADAM MAYOR, I MOVE TO AUTHORIZE THE INTERIM CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT IN THE AMOUNT OF $2,750,000 PLUS ANY REQUIRED CLOSING COST FOR THE PROPERTY AND ALL IMPROVE.

ITS LOCATED AT EIGHT 20 FERRIS AVENUE, WAXAHATCHEE, TEXAS, AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE TRANSACTION.

DO YOU HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU, COUNSEL.

ANY OTHERS? NO.

ALRIGHT.

THAT CONCLUDES OUR MEETING AT 1113.

THANK Y'ALL VERY MUCH.