* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. Call to Order] [00:00:03] ALL RIGHT, LET'S GO AHEAD AND GET STARTED. THANK YOU ALL FOR BEING HERE. UM, WHETHER YOU HAVE AN AGENDA ITEM OR NOT, UH, THANK YOU FOR BEING HERE TONIGHT AND THANK YOU FOR CARING ABOUT WAXAHATCHEE. WE WILL CALL THIS MEETING TO ORDER AT 7:02 PM AND WE'LL START WITH AN INVOCATION BY REVEREND DALEN GARRIS, IF YOU WOULD PLEASE COME TO THE PODIUM IF YOU WOULD PLEASE STAND. HEAVENLY FATHER, THE LORD, AND GOD. LORD, WE THANK YOU FOR THIS EVENING IN THE LORD. AND WE ASK FOR YOUR GUIDANCE, LORD, TO SHOW US LORD, MASTER THE WISDOM, THE UNDERSTANDING, THE KNOWLEDGE, THE TOOLS THAT YOU GIVE US, SO GOD TO LEAD US IN THE RIGHT WAY. AND THAT YOU'LL BLESS THESE MEN AND THESE WOMEN AND LEAD THEM IN A PATH, OH GOD, WHATEVER THE CAUSES THAT THEY ISSUED TONIGHT, LORD, THAT YOU POINT THEM IN THE DIRECTION THAT THEY SHOULD GO LEARNING, OH GOD, THAT WE ARE CALLED TO YIELD TO YOU, LORD, TO TAKE OUR HANDS OFF THE STEERING WHEEL AND LET YOU DRIVE LORD AND MASTER FATHER GOD, THAT WE COME TO A PLACE OF HUMILITY. WHERE TRUE HONOR IS OUR HUMILITY, THAT ALLOW THE LORD TO SPEAK TO OUR EARS, TO OPEN OUR EARS, AND TO HEAR YOU. GOD. LORD, WE ARE HERE FOR ISSUES FOR THE GOOD OF THIS CITY, THIS COMMUNITY, LORD. AND WE PUT YOU FIRST AND WE ASK YOU, OH GOD, FOR THE WISDOM THAT ONLY COMES FROM YOU, NOT FROM US. MUST LORD AND GOD. AND WE PRAISE AND THANK YOUR HOLY NAME, BLESS THIS EVENING, BLESS THE ISSUES, THE TOPICS THAT COME UP. POINT US IN THE DIRECTION THAT YOU WANT US TO GO AND BLESS THEM. IN THE MIGHTY NAME OF JESUS CHRIST, I PRAY. AMEN. AMEN. AMEN. THANK YOU. PLEASE JOIN US IN THE PLEDGE OF ALLEGIANCE, PLEDGE ALLEGIANCE. ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE. FOR ALL HONOR, HONOR BY TEXAS FLAG, I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE IN INDIVISIBLE. THANK YOU. MAY BE SEATED. NOW IS THE TIME FOR 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'D LIKE TO SPEAK DURING THIS TIME, UH, IF YOU WOULD PLEASE GIVE YOUR NAME AND ADDRESS, UH, FOR THE CITY SECRETARY, ANYONE. OKAY, SEEING NONE, UH, WE WILL GO [5. Consent Agenda ] TO THE CONSENT AGENDA. ALL MATTERS LISTED UNDER ITEM FIVE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS. APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE MAYOR AND CITY MANAGER TO EXECUTE ALL MATTERS NECESSARY TO IMPLEMENT EACH ITEM. ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE CITY COUNCIL. COUNCIL. ANY DISCUSSION? IF NOT, I'LL ENTERTAIN A MOTION. I MOVE TO APPROVE ALL ITEMS ON THE CONSENT AGENDA AS PRESENTED AND AUTHORIZE THE CITY MANAGER AND OR MAYOR TO EXECUTE ALL ASSOCIATED DOCUMENTS AS NECESSARY. WE HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR, RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. NEXT ITEM [6. Introduce Honorary Council Member] IS TO INTRODUCE THE HONORARY COUNSEL MEMBER, UH, FOR THIS MONTH. UH, COUNCILMAN ATKINS. THANK YOU, MADAM MAYOR. UM, IT IS MY GREAT PLEASURE TO RECOGNIZE PASTOR BRUCE ZIMMERMAN AS OUR HONORARY COUNCIL MEMBER FOR DECEMBER. BRUCE HAS BEEN A PASTOR OF WAXAHATCHEE BIBLE CHURCH FOR 39 YEARS. HE HAS BEEN THE CHAPLAIN OF OUR VERY OWN WAXAHATCHEE FIRE DEPARTMENT FOR 24. [00:05:02] EVERY SUNDAY MORNING, YOU'LL FIND HIM QUICKLY MOVING THROUGH TOWN, REACHING EACH OF THE FIRE STATIONS BEFORE FIRST SERVICE. AT WBC, HE HAS SERVED AND CONTINUES TO SERVE ON MANY BOARDS, TEAMS AND COMMITTEES, JUST TO NAME A FEW. HE SERVES ON THE BOARD OF BAYLOR SCOTT AND WHITE HOSPITAL LOVE YOUR NEIGHBOR AND AKAH MINISTRIES. HE LEADS WAXAHATCHEE MINISTERS FELLOWSHIP AND SERVES AS THE RABBI IN THE SYNAGOGUE AT BETHLEHEM REVISITED. BRUCE ALSO SERVES ON THE LEADERSHIP TEAM OF THE UNITED ELLIS AND THE LONG-TERM RECOVERY COMMITTEE FOR ELLIS COUNTY. HE NOT ONLY SPENDS HIS TIME TEACHING AND PREACHING, HE'S A TRUE SERVANT IN OUR COMMUNITY, AND THESE ITEMS ARE ONLY A FEW. BRUCE AND HIS WIFE SHEILA, HAVE LIVED IN WAXAHATCHEE FOR 40 YEARS. THEY HAVE FOUR GROWN SONS, WILLIAM, ROBERT, ANDREW, AND JAMES. THEY ALSO HAVE THREE GRANDCHILDREN, WILLA, JEFF, AND MILES. PLEASE JOIN ME IN RECOGNIZING PASTOR BRUCE. THANK YOU, HONOR. THANK YOU. THAT'S CERTAINLY ONE OF OUR, UH, MOST FAVORITE, UH, THINGS TO DO IN THE MONTH IS TO HONOR, UH, INDIVIDUALS IN OUR COMMUNITY THAT HAVE SERVED, UH, FOR MANY YEARS, UH, AND THEN HAVE DEFINITELY, UH, EARNED THE RECOGNITION. THANK YOU SO MUCH. THANK YOU MAYOR. NEXT ITEM IS A PUBLIC HEARING [7. Public Hearing on a request by Christopher Whitehead for a Specific Use Permit (SUP) for an Accessory Dwelling Unit structure exceeding seven hundred (700) square feet use within a - Single Family-2 (SF-2) zoning district located at 301 Kirven Ave (Property ID 176066) – Owner: Christopher Whitehead and Rae L. (ZDC-177-2024) ] ON A REQUEST BY CHRISTOPHER WHITEHEAD FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY DWELLING UNIT STRUCTURE EXCEEDING 700 SQUARE FEET USE WITHIN A SINGLE FAMILY TWO ZONING DISTRICT LOCATED AT 3 0 1 CURVIN AVENUE. OWNER IS CHRISTOPHER WHITEHEAD AND RAY L. THIS IS ZDC 1 7 7 DASH 2024. JENNIFER. THANK YOU MAYOR. MEMBERS OF COUNCIL ITEM, AS YOU NOTED THAT'S BEFORE YOU, IS A SPECIFIC USE PERMIT FOR AN ACCESSORY DWELLING UNIT. THE SUBJECTS SITE IS APPROXIMATELY 0.18 ACRES IN SIZE. CURRENTLY, THERE IS A SINGLE FAMILY DWELLING UNIT OF 3,180 SQUARE FEET ON SITE. UM, THERE'S ALSO AN EXISTING, UM, GARAGE THAT IS PROPOSED TO BE DEMOLISHED AND THE APPLICANT IS PROPOSING A NEW ACCESSORY STRUCTURE OF 898 SQUARE FEET. THE, UM, FIRST FLOOR OF THE, UH, STRUCTURE WILL BE A TWO CAR GARAGE AND THE DWELLING WILL BE ABOVE, AS I NOTED, UH, THE EXISTING GARAGE WILL BE DEMOLISHED AND THEY WILL BUILD, UH, THE NEW, UM, STRUCTURE. UM, ON SITE. UH, THE APPLICANT DID NOTE AT THE PLANNING AND ZONING COMMISSION MEETING THAT POTENTIALLY AT A FUTURE DATE THEY MAY EXPAND, UH, THE EXISTING SINGLE FAMILY DWELLING. THE EXTERIOR TREATMENT IS CEMENTITIOUS FIBER BOARD STAFF HAS NO CONCERNS REGARDING THE EXTERIOR TREATMENT. UH, THIS PARTICULAR ITEM HAS RECEIVED 10 LETTERS OF SUPPORT, NO LETTERS OF OPPOSITION. THE ITEM WAS BEFORE PLANNING AND ZONING COMMISSION ON, UM, THE 9TH OF DECEMBER, P AND Z RECOMMENDED APPROVAL BY A FIVE ZERO VOTE. UH, P AND Z ALSO, UM, INCLUDED THAT THE REQUIRED SIDEWALK WOULD NOT BE REQUIRED FOR THIS PARTICULAR CASE FOR CONSISTENCY PURPOSES. STAFF HAS INCLUDED, UM, CONDITIONS AND STAFF IS ALSO RECOMMENDING APPROVAL OF THE ITEM THAT'S BEFORE YOU. UH, THE PROPERTY OWNER IS HERE IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK YOU, JENNIFER. THIS IS A PUBLIC HEARING. IF YOU WOULD LIKE TO SPEAK ON [00:10:01] THIS ITEM FOR OR AGAINST, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS PLEASE. SEEING NONE, I'LL CL CLOSE THE PUBLIC HEARING. AND THE NEXT ITEM [8. Consider proposed Ordinance approving ZDC-177-2024] IS CONSIDER PROPOSED ORDINANCE APPROVING ZDC 1 77 DASH 2024. COUNSEL, MADAM MAYOR, I MOVE TO APPROVE ZDC 1 77 DASH 2024 A. A SPECIFIC USE PERMIT FOR AN ACCESSORY DWELLING UNIT USE WITHIN A SINGLE FAMILY TO ZONING ZONING DISTRICT SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY. I HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. NEXT ITEM IS [9. Public Hearing on a request by Brian Gregory, Rinker Materials, for a Specific Use Permit (SUP) for a Batch Plant and Outdoor Storage uses within a Light Industrial-1 (LI-1) zoning district located at 1220 Solon Road (Property ID 140094) - Owner: J&G Concrete Operations, LLC (ZDC-172-2024) ] A PUBLIC HEARING ON A REQUEST BY BRIAN GREGORY. RINER, MATERIALS FOR A SPECIFIC USE PERMIT FOR A BATCH PLANT AND OUTDOOR STORAGE USES WITHIN A LIGHT INDUSTRIAL ONE ZONING DISTRICT LOCATED AT 1220 SALON ROAD. OWNER IS J AND G CONCRETE OPERATIONS. THIS IS ZDC 1 72 DASH 2024. JENNIFER. THANK YOU MAYOR. UH, THE ITEM THAT'S BEFORE YOU, AS YOU NOTED, IS A SPECIFIC USE PERMIT AS WELL. THE ACREAGE OF THE SUBJECT PROPERTY IS 20 ACRES IN SIZE. THERE'S AN EXISTING, UM, BATCH PLANT ON SITE. THERE'S EXISTING BUILDING OF 45,000 SQUARE FEET IN ADDITION TO A 2000 SQUARE FOOT OFFICE. UH, THE APPLICANT AT THIS TIME IS PROPOSING TO DO SOME IMPROVEMENTS TO THE SUBJECT PROPERTY, UM, ADDING TWO ACCESS POINTS TO THE SITE, ALSO ADDING SOME STABILIZED GRAVEL, UM, AS WELL AS A CONCRETE FIRE LANE. UH, THE APPLICANT IS ALSO PROPOSING TO IMPROVE THE SUBJECT SITE WITH LANDSCAPING AND SCREENING ON THE SUBJECT PROPERTY. THE PROPOSED, UM, NEW STRUCTURE IS 11,000 SQUARE FEET AND THE HEIGHT IS 51 FEET. UM, REGARDING THE OPERATIONS THAT ARE PROPOSED, THE BUILDING IS IN NEED OF THE HEIGHT THAT IS, UH, RECOMMENDED. THE APPLICANT HAS PROVIDED A PHOTOMETRIC PLAN. WE'VE INCLUDED THAT IN YOUR PACKET THIS EVENING. THEY WILL MEET OUR, UM, LIGHTING ORDINANCE STANDARDS. THIS PARTICULAR ITEM HAS RECEIVED ONE LETTER OF OPPOSITION AND I WOULD LIKE TO NOTE THAT THE, UM, LETTER OF OPPOSITION IDENTIFIES, UM, OPPOSITION OF 71%. AND WHAT THAT MEANS IS THIS PARTICULAR ITEM WILL REQUIRE A SUPER MAJORITY. UM, IF THIS ITEM IS TO BE APPROVED THIS EVENING, AND WE'VE IDENTIFIED THAT IN THE STAFF REPORT, WOULD LIKE TO NOTE THAT THIS ITEM WAS BEFORE PLANNING AND ZONING COMMISSION ON THE 9TH OF DECEMBER. P AND Z RECOMMENDED UNANIMOUSLY BY A SIX ZERO VOTE FOR APPROVAL. STAFF IS ALSO RECOMMENDING APPROVAL AS WELL. UH, THE APPLICANT HAS PREPARED A BRIEF PRESENTATION FOR YOU THIS EVENING. UM, WHEN YOU'RE READY, MADAM MAYOR. THANK YOU, JENNIFER. THIS IS A PUBLIC HEARING. IF YOU'D LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST, PLEASE COME TO THE PODIUM. GOOD EVENING. MY NAME IS BRIAN GREGORY ON BEHALF OF RINKER MATERIALS AT 1220 STALLONE ROAD. SPEAKING ON BEHALF IN FAVOR. OKAY. JUST TO HEAR FOR ANY QUESTIONS THAT YOU MAY HAVE AND TO WALK THROUGH THE PRESENTATION THAT WE HAD PUT TOGETHER. OKAY. IF WE COULD GO AHEAD WITH THE PRESENTATION AND THEN, UH, IF WE HAVE ANY QUESTIONS, WE'LL DO THAT NEXT. SURE. UH, AND I'LL KEEP IT BRIEF. I JUST WANTED TO GIVE YOU ALL AN IDEA OF WHO WE ARE AND WHAT WE'RE TRYING TO DO. SO, RINER MATERIALS IS A SUBSIDIARY COMPANY OF THE QUICK CREEK COMPANIES AND QUICK CREEK YOU'RE PROBABLY ALL FAMILIAR WITH. IF YOU'VE BEEN TO HOME DEPOT AND BOUGHT ONE OF THE YELLOW BAGS OF PRE-MIXED CONCRETE OFF THE SHELVES, THAT'S WHO THEY ARE. UM, THEY OWN SEVERAL BUSINESSES. WE ARE ONE OF THEM. WE MANUFACTURE CONCRETE PIPE AND PRECAST FOR UNDERGROUND DRAINAGE. WE DO THAT ALREADY AT THE SITE. THERE'S ALREADY A BATCH PLANT THERE. WE'RE ALREADY POURING CONCRETE. WHAT WE'RE PROPOSING IS TO POUR A DIFFERENT PRODUCT. AND IF YOU CAN ADVANCE ONE FOR ME PLEASE. THE PRODUCT IS FOR THESE FOLKS. UH, THE COMPANY IS WARDEN BURKE. THEY ARE A, UH, INTERNATIONAL [00:15:01] MICRO TUNNELING COMPANY. UM, THEY DO MICRO TUNNELING, UH, IN SEVERAL COUNTRIES ACROSS THE WORLD. THEY'VE JUST BUILT A BIG FACILITY DOWN IN GEORGETOWN. THEY'VE STARTED, STARTED OPERATIONS IN TEXAS AND THEY NEEDED A LOCAL PRODUCER. WE'VE ALREADY PARTNERED WITH THEM. WE'RE ALREADY PRODUCING FOR THEM. WE'RE PRODUCING OUT OF OUR PLANT IN GRAND PRAIRIE. UH, BUT WE WANNA MOVE THE OPERATION TO OUR SITE IN WAXAHATCHEE. AND THE REASON WE NEED THE STRUCTURE, IF YOU'LL ADVANCE, MA'AM, UH, THIS JUST GIVES YOU AN IDEA OF WHAT MICRO TUNNELING IS. NORMAL CONCRETE PIPE INSTALLATION. YOU DIG A TRENCH, AN OPEN TRENCH, YOU LAY THE PIPE AND THEN YOU BURY THE PIPE MICRO TUNNELING. YOU, YOU, UH, DIG A JACKING STATION. THEN YOU BORE UNDERNEATH THE GROUND TO A RECEIVING STATION. SO YOU DO NOT DISRUPT SURFACE OPERATIONS. SO YOU CAN GO UNDERNEATH ROADWAYS, YOU CAN GO UNDERNEATH PARKING LOTS, YOU CAN GO UNDERNEATH CITIES. UH, AND IT'S BECOME A MORE FAVORABLE WAY TO INSTALL PIPE FOR. SO YOU DON'T HAVE THE SURFACE LEVEL, UH, DISRUPTIONS. BUT IF YOU'LL MOVE TO THE NEXT ONE, THIS IS KIND OF WHAT THE OPERATION LOOKS LIKE. AND THE REASON WE NEED THE NEW, THE NEW BUILDING AT THE SITE IS THE, WHEN YOU'RE MICRO TUNNELING, YOU WANT AS FEW JOINTS AS POSSIBLE, WHICH MEANS THE PRODUCT IS MUCH LONGER THAN A STANDARD PIECE OF PIPE. SO THESE ARE 13 FEET. SO FOR THE FORM WORK TO POUR WHAT WE NEED AND TO CLEAR WHAT WE NEED, WE NEED ADDITIONAL CRANE HEIGHT THAT DOESN'T EXIST IN OUR BUILDING AS IT SITS. SO THAT'S WHY WE'RE ASKING FOR THE NEW BUILDING AND THAT'S WHY WE NEED THE INCREASED HEIGHT. OKAY. COUNSEL, Y'ALL HAVE ANY QUESTIONS? DO YOU HAVE ANY IDEA WHY THE WIND, JACKSON PEOPLE HAVE AN OBJECTION TO YOUR OPERATION BEING THERE SINCE YOU WERE THERE? FIRST? I HAVE AN, I HAVE AN INSTINCT AS TO WHAT IT MIGHT BE, BUT I'M NOT SURE. I DID, I DID READ THE OBJECTION. AND THE OBJECTION SAYS WE OBJECT TO THIS USE. SO WHAT I BELIEVE IS THAT OUR SUP APPLICATION SAYS FOR A BATCH PLANT, SO THEY THINK WE'RE BUILDING A BATCH PLANT. OKAY. THEY DON'T UNDERSTAND THAT WE'RE JUST THE EXISTING SUP ONLY COVERS THE EXISTING PRODUCTION BUILDING. IF WE WANNA DO ANYTHING OUTSIDE THOSE BOUNDS, WE NEED A NEW ONE. SO WE'RE NOT BUILDING A NEW BATCH PLANT, WE'RE NOT DOING ANYTHING DIFFERENT THAN WE'RE ALREADY DOING. THAT'S BEING AWFULLY NICE. I THINK THEY WANT THE LAND TO BE HONEST, UM, FOR A DEVELOPER TO OBJECT TO A BUSINESS THAT IS ALREADY IN BUSINESS THAT WANTS TO DO BUSINESS WITH US. THAT DIDN'T SIT RIGHT WITH ME. COUNCILMAN WRIGHT? THAT WAS KIND OF A NO, I WAS JUST, YEAH, THAT WAS WHEN I LOOKED AND SAW WHO IT WAS THAT IT MADE THE OBJECTION. THAT'S WHY I WAS ASKING. YEAH, ESPECIALLY ONE THAT CAME TO US AND THE FIRST PROJECT THEY BROUGHT AND WANTED AN SUP, BUT IT'S NEITHER HERE. NOR NOR THERE. THANK YOU. YES, SIR. ANYONE ELSE? THANK YOU, SIR. THANK YOU. ANYONE ELSE, UH, HAVE ANYTHING, UH, THAT THEY WOULD LIKE TO, UH, DISCUSS, UH, FOR OR AGAINST, UH, THIS ITEM? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. NEXT [10. Consider proposed Ordinance approving ZDC-172-2024 ] ITEM, CONSIDER PROPOSED ORDINANCE APPROVING ZDC 1 72 DASH 2024. COUNSEL, MADAM MAYOR, I MOVE TO APPROVE ZDC 1 72 20 24. A SPECIFIC USE PERMIT FOR A BATCH PLANT AND OUTDOOR STORAGE USES SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY. WE HAVE A MOTION FOR APPROVAL. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. MAD MAYOR. UH, I WOULD JUST LIKE TO THANK OUR CITY MANAGER FOR JUMPING ON THAT WHEN IT GOT BROUGHT TO OUR ATTENTION. UH, I GOT A PHONE CALL, I THINK IT WAS ABOUT A MONTH AND A HALF AGO. UM, AND MICHAEL TOOK A VERY COMMON SENSE APPROACH AND GOT THIS MOVED, UM, BEFORE US, BEFORE THE NEW YEAR. SO THANK YOU SIR. NEXT ITEM IS [11. Consider Development Agreement for ZDC-172-2024 ] CONSIDERED DEVELOPMENT AGREEMENT FOR ZDC 1 72 DASH 2024. COUNSEL, MADAM MAYOR, I MOVE TO APPROVE THE DEVELOPMENT AGREEMENT FOR ZDC 1 72 20 24. WE HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. NEXT [12. Public Hearing on a request by Jaydon Clemens, TaTT2Envy, LLC, for a Specific Use Permit (SUP) for a Tattoo Shop use within a General Retail (GR) zoning district located at 105 South Grand Ave, Suite B (Property ID 176644 - Owner: Kenneth & Roger Dollar (ZDC-196-2024) ] ITEM IS A PUBLIC HEARING [00:20:01] ON A REQUEST BY JAYDEN CLEMONS FOR A SPECIFIC USE PERMIT FOR A TATTOO SHOP USE WITHIN A GENERAL RETAIL ZONING DISTRICT LOCATED AT 1 0 5 SOUTH GRAND AVENUE, SUITE B, THE OWNER IS KENNETH AND ROGER DOLLAR. THIS IS ZDC 1 96 DASH 2024. JENNIFER. THANK YOU MAYOR. AS YOU NOTED, THE ITEM THAT'S BEFORE YOU IS A SPECIFIC USE PERMIT FOR A TATTOO USE ON SITE. THE ACREAGE OF THE SUBJECT PROPERTY IS 0.918 ACRES. WOULD LIKE TO NOTE THAT THE APPLICANT, UM, IS PROPOSING TO OPERATE ONE TATTOO CHAIR WITHIN THE EXISTING BARBER SHOP. UM, THAT'S ON SITE. SO THIS PARTICULAR SPECIFIC USE PERMIT WILL BE SPECIFIC FOR THE APPLICANT ONLY IF THE BARBERSHOP CEASES TO OPERATE. UM, A NEW SPECIFIC USE PERMIT WILL BE NEEDED TO OPERATE A TATTOO ESTABLISHMENT AT THIS LOCATION. UM, THE HOURS WILL BE CONSISTENT WITH THE BARBERSHOP. UM, ALSO THE OPERATOR IS PROPOSING, UM, TO SEE CLIENTS, UH, ON UM, APPOINTMENT BASIS ONLY. THIS PARTICULAR ITEM HAS RECEIVED THREE LETTERS OF SUPPORT AND ONE LETTER OF OPPOSITION. THIS ITEM WAS BEFORE PLANNING AND ZONING COMMISSION ON DECEMBER 9TH, PNZ, RECOMMENDED APPROVAL BY A SIX ZERO VOTE. STAFF IS ALSO RECOMMENDING APPROVAL AND THE APPLICANT IS HERE TO ADDRESS ANY QUESTIONS YOU MAY HAVE. THANK YOU. THANK YOU, JENNIFER. THIS IS A PUBLIC HEARING. IF YOU'D LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY. HELLO, I'M JAYDEN CLEMONS. I'M THE APPLICANT. UM, I JUST WANTED TO GIVE A LITTLE BIT ABOUT MYSELF. I'M A TATTOO ARTIST HERE IN WAXAHATCHEE. I'VE BEEN TATTOOING ALMOST NINE YEARS NOW. UM, I'VE WON BEST OF ELLI COUNTY TATTOO ORDERS TWO YEARS IN A ROW NOW, AND I'M HIGHLY RECOMMENDED IN THIS CITY. COUNSEL, Y'ALL HAVE ANY QUESTIONS FOR THE APPLICANT? NO. NONE. OKAY. THANK YOU. THANK YOU. ANYONE ELSE WANNA SPEAK ON THIS ITEM? SEEING NONE WILL CLOSE THE PUBLIC HEARING. ITEM [13. Consider proposed Ordinance approving ZDC-196-2024 ] 13 IS CONSIDER PROPOSED ORDINANCE APPROVING ZDC 1 9 6 DASH 2024. COUNSEL, OUR MAYOR, I MOVE TO APPROVE ZDC 1 9 6 20 24 SPECIFIC USE PERMIT FOR A TATTOO SHOP. USE SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY. WE HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? SECOND. SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. ITEM 14 [14. Public Hearing on a request by Russell Scott, for a Specific Use Permit (SUP) to allow for a Digital Billboard Sign within a Commercial (C) zoning district located at 801 S Interstate 35E (Property ID 189033) - Owner: Russell Scott (ZDC-146-2024) ] IS A PUBLIC HEARING ON A REQUEST BY RUSSELL SCOTT FOR A SPECIFIC USE PERMIT TO ALLOW FOR A DIGITAL BILLBOARD SIGN WITHIN A COMMERCIAL ZONING DISTRICT. LOCATED AT 8 0 1 SOUTH INTERSTATE 35 E. THE OWNER IS RUSSELL SCOTT. THIS IS ZDC 1 46 DASH 2024. JENNIFER. THANK YOU MAYOR. UH, THE SUBJECT PROPERTY IS CURRENTLY ZONED SEA COMMERCIAL. THE ACREAGE OF THE SUBJECT PROPERTY IS 0.706 ACRES IN SIZE, AND THE SITE IS, UH, IMPROVED WITH AN EXISTING STATIC BILLBOARD, UM, THAT'S ON THE PROPERTY CURRENTLY. UM, THE APPLICANT IS PROPOSING TO REPLACE THAT EXISTING BILLBOARD WITH A NEW DIGITAL BILLBOARD. UH, THE EXISTING BILLBOARD IS APPROXIMATELY 49 FEET IN HEIGHT AND THE APPLICANT IS REQUESTING A 60 FOOT BILLBOARD. AND AS I NOTED, THE EXISTING BILLBOARD IS A STATIC BILLBOARD. UH, THE APPLICANT HAS ALSO IDENTIFIED THE POSSIBILITY OF SOME ADVERTISEMENT FOR THE CITY. I'M SURE THE APPLICANT WILL TOUCH ON THAT PARTICULAR ITEM, UM, DURING HIS PRESENTATION. BUT THE REASON FOR THE ADDITIONAL HIDE IS BECAUSE OF THE, THE BROOKSIDE BRIDGE, UM, THAT WAS REBUILT. AND AT THE HEIGHT OF IT, THERE ARE TIMES IN WHICH YOU, UM, THE EXISTING BILLBOARD IS, IS BLOCKED. UH, THE APPLICANT HAS, UM, DESIGNED THE PROPOSED BILLBOARD, UH, TO MATCH SOME OF THE ARCHITECTURAL FEATURES OF THE BRIDGE, UM, WITH THE MATERIALS [00:25:02] AS WELL AS A WELCOME TO WAXAHATCHEE EMBLEM ON THE, UM, PROPOSED, UM, BILLBOARD. THIS PARTICULAR ITEM WAS BEFORE PLANNING AND ZONING COMMISSION ON THE 9TH OF DECEMBER. WE HAVE RECEIVED TWO LETTERS OF SUPPORT REGARDING THE SPECIFIC USE PERMIT THAT'S BEFORE YOU. UM, AS WELL, WE HAVE NOT RECEIVED ANY LETTERS OF OPPOSITION. STAFF IS RECOMMENDING APPROVAL FOR THE, UH, SPECIFIC USE PERMIT AND WE'VE INCLUDED CONDITIONS, UM, IN YOUR PACKET OF INFORMATION TODAY. THAT CONCLUDES MY PRESENTATION AS I NOTED THE, UH, PROPERTY OWNER AS WELL AS THE APPLICANT IS HERE. UH, MR. LIN TO ADDRESS ANY QUESTIONS COUNSEL MAY HAVE. THANK YOU. THANK YOU, JENNIFER. THIS IS A PUBLIC HEARING. THANK YOU. I THINK WE HAVE SOMEBODY. THANK YOU, SIR. UH, IT'S READY TO SAY A FEW THINGS AND THEN WE WILL OPEN IT UP TO ANYONE ELSE THAT WOULD LIKE TO COME TO THE PODIUM. I AM BOB LIN, 3 1 3 HARVIN AVENUE, AND I'M HERE TO TALK ABOUT THE STRATEGY OF THE SIGN BECAUSE THAT REALLY IS IMPORTANT. AND I'M HERE WITH RUSTY SCOTT WHO OWNS THE PROPERTY AND IS CEO OF OCC, CIVIL AND MECHANICAL CONTRACTING. UM, THE BOOK THAT YOU SEE TELLS ALL THE ADVANTAGES. PRIMARILY IT CENTERS AROUND FOR THE CITY THAT THEY GET TWO FREE ADVERTISEMENTS ON EITHER SIDE, THE NORTH SIDE AND THE SOUTH SIDE, WHICH IF IT WAS A DALLAS DIGITAL SIGN, IT WOULD BE OVER $5,000 A MONTH. SO $10,000 FOR BOTH SIDES. SO THEY'RE SAVING OVER A HUNDRED THOUSAND DOLLARS IN FREE ADVERTISING. BUT I'D LIKE TO MAKE ONE POINT THAT'S VERY DEAR TO ME. I'VE BEEN ON THE WCDC BOARD FOR 15 YEARS, AND EVERY YEAR, YEAR AFTER YEAR AFTER YEAR, WE TALK ABOUT A DIGITAL BILLBOARD AT THE CIVIC CENTER, UH, AT THE CIVIC CENTER. AND EVERY YEAR IT'S VOTED DOWN BECAUSE WE DON'T HAVE THE MONEY. AND SO WHAT THIS DID WAS NOT ONLY A PORTAL, A BEAUTIFUL PORTAL FOR THE CITY, NOT ONLY FREE ADVERTISEMENT FOR THE CITY, BUT ALSO IT FREES UP THE WCDC TO USE THOSE FUNDS IN A BETTER MANNER. AND I'M GONNA TURN IT OVER TO, UH, TO RUSTY. AND THEN WE'RE GONNA HEAR FROM, UH, SCOTT BROOKS WITH THE WAXAHATCHEE SUN TO TALK ABOUT THE ADVERTISING. THANK YOU. THANK YOU. HOW YOU DOING? MY NAME IS RUSSELL SCOTT, I'M FROM WAXAHATCHEE. MY ADDRESS IS 8 8 5 ALYSSA LANE. UM, I GUESS FIRST I WANT TO ASK YOU, DO YOU HAVE ANY QUESTIONS FOR ME ON THE BILLBOARD? I DO, YES, SIR. AND, UH, MR. BROOKS MIGHT BE THE ONE THAT'S GONNA ANSWER IT. 'CAUSE I SPOKE WITH MR. LYNN THE OTHER DAY AT WCDC. WHAT I DO WANNA SAY THOUGH IS, UM, I GREW UP HERE IN WAXAHATCHEE, BORN IN THIS TOWN. GREW UP IN THIS TOWN. MY BUSINESS IS IN THIS TOWN. I I'M AN INDUSTRIAL CONTRACTOR THAT WORK IN, IN THE MINING INDUSTRY. SO I HAVE ONE CUSTOMER THAT'S COMMERCIAL AND IT'S THE CITY OF WAXAHATCHEE. I DO SIDEWALK REPAIRS, HAND RESTS ONLY ON THE SQUARE. 'CAUSE I CARE SO MUCH ABOUT THE CITY. I DO THE WALK OF FAME FOR THE CITY OF WAXAHATCHEE. I WAS THE CONCRETE CONTRACTOR ON THE CITY COURTHOUSE WHEN IT WAS RESTORED. SO THERE'S A LOT MORE TO THIS FOR, YOU KNOW, WANTING TO HAVE THIS BILLBOARD WITH A SYMBOL ON IT AND SOMETHING NICE FOR THE CITY, YOU KNOW, BECAUSE, UH, YOU KNOW, THE CITY DOES A LOT FOR ME AND I WANNA PUT THAT BACK, YOU KNOW, THAT'S WHERE I CAME FROM. I APPRECIATE ALL THAT. AND I THINK THE SIGN LOOKS REALLY NICE, SIR. AND I LIKE, SIR, WHAT'S ON THERE? THE ONLY QUESTION I HAD WHEN I SAT AT PNZ THE OTHER DAY WAS JUST CONCERN ABOUT THE CONTENT THAT GOES ON THE ADVERTISING AT THE TOP, SINCE IT'S GOT WHAT LOOKS LIKE THE CITY LOGO ON IT AND IT SAYS, WELCOME TO WAXAHATCHEE. PEOPLE MIGHT INTERPRET THAT AS A SIGN OWNED BY THE CITY. SO I ASKED MR. LIN, WHO CON WHO CONTROLS WHAT ADVERTISING CAN GO ON THERE. 'CAUSE WE DON'T WANT STRIP CLUBS ON THERE. WE DON'T WANT NO, WE, I 'EM RIGHT THERE. WE, YOU KNOW, BUT WE NEED TO HAVE SOME KIND OF LANGUAGE SAYING THAT THERE'S SOME WAY TO CONTROL. TO AN EXTENT WE DON'T. YES, SIR. WE DON'T WANNA CENSOR. YES, SIR. BUT WE ALSO, YOU KNOW, I UNDERSTAND IT. NO. HUNDRED PERCENT. THAT'S NOT JUST ONE. YES, SIR. YEAH. SO THE W ACCESS STONE WILL BE SELLING AGENT, SO TO SPEAK, AND WE JUST, LIKE WE HAVE WITH [00:30:01] OUR OTHER PLATFORMS, ALL OF THEM, WE HAVE A LIST OF CATEGORIES, WHICH UNDERNEATH EACH CATEGORY IS A LOT OF DIFFERENT TYPES OF BUSINESSES WITHIN THAT CATEGORY. WE'RE GONNA APPLY THE SAME SORT OF MINDSET AND LOGIC, JUST LIKE WE WOULDN'T HAVE THOSE KINDS OF THINGS RUNNING IN OUR PAPER OR ON OUR WEBSITE OR ANY, ANY PLACE ELSE THAT WE OWN, THEY WOULDN'T RUN ON THIS SIGN. SO I'M HAPPY TO LEAVE THIS, THERE, THERE'S THIS LIST OF THE CATEGORIES THAT WE WILL BE TARGETING. AND THEN THE SECOND SHEET IS A LIST OF PROHIBITED CATEGORIES THAT ADDRESS YOUR CONCERNS. AND THEN THERE'S ALSO A FEW THAT IN THE WORLD OF BILLBOARD ADVERTISING, OH, I GUESS ANY ADVERTISING ARE BUSINESSES THAT, THAT MAY BE ABLE TO RUN, BUT NEED A LOT OF VETTING, LIKE WEIGHT LOSS COMPANIES AND CANNABIS OR CBD STUFF, UH, QUICK LOANS, THAT KIND OF STUFF. SO I'M HAPPY TO LEAVE THIS WITH YOU. CAN YOU, SCOTT, CAN YOU LET US TAKE A LOOK AT THAT? YEAH, SURE. ACTUALLY, UH, THE ONE THAT YOU WOULD BE VETTING OR PROHIBITING, I, I WISH YOU WOULD READ THAT IN SO IT'S ON THE RECORD. YEAH, YOU CAN. AND THEN HAND THEN HAND IT OUT. BUT THAT WAY THE ONES THAT WE WOULD PROHIBIT YES, SIR. AND THEN THE ONES THAT ARE HEAVILY, MORE HEAVILY TED. YES. SO ON THE PROHIBITED LIST WOULD BE ALCOHOL. AND WE'RE TALKING ABOUT WHEN WE TALK ABOUT ALCOHOL, IF, IF WINDSTAR WANTS TO, TO ADVERTISE, WHICH WOULD BE GREAT, AND THEY HAVE, AS PART OF THAT MESSAGE, A BUDWEISER THAT'S SPONSORING A CONCERT UP THERE AS PART OF THAT LOGO, WE WOULD NOT PROHIBIT THAT. WHAT WE'RE TALKING ABOUT HERE ARE, I DON'T KNOW WHAT YOU WANT TO CALL 'EM, BEER STORES. I MEAN, THERE AREN'T ANY AROUND THAT, THAT MANY, BUT THAT'S WHAT WE'RE TALKING ABOUT WHEN WE SAY ALCOHOL. UH, SMOKING AND VAPING WOULD BE PROHIBITED. GAMBLING, ADULT CONTENT, DRUGS, PARAPHERNALIA, RACIST KIND OF CONTENT, WHICH, WHICH I CAN'T IMAGINE REALLY HAPPENING AND DISCRIMINATORY CONTENT, WHICH IS A BIT NEBULOUS, BUT THAT SORT OF THING WE WOULD, WE WOULD CONTROL. SO, UM, AND, AND RUSTY OWNS ALL OF THIS, WE'RE JUST THE SELLING AGENT, BUT WE WILL BE STRONG IN OUR APPROACH JUST LIKE WE'RE WITH OUR PRODUCTS. I WANT TO SAY SOMETHING ONE SECOND, AND I KNOW ME AND YOU TALKED ABOUT IT EARLIER, BUT WHEN HE TALKS ABOUT, ABOUT ALCOHOL, I MEAN, I JUST, I DON'T DRINK, BUT WHAT I'M TRYING TO SAY IS, GROWING UP, I REMEMBER THE SUPER BOWL YOU HAD THE CLYDESDALE, SO THE SILVER BULLET, I MEAN THAT, THAT WAS A NEAT AD. IT WASN'T ABOUT ALCOHOL TO ME BACK THEN, AND THE GAMBLING, WHAT I WAS SAYING TO HIM IS, HEY, IF, IF THEY'VE GOT GEORGE STRAIT AT THE WIND STAR, I WANT 'EM TO BE ABLE TO PUT THAT UP ON THE BOARD, OR, YOU KNOW, I DON'T, I DON'T, DO YOU SEE THAT AS A NEGATIVE ADD? I MEAN, IS, I GUESS I DON'T IS MY QUESTION, YOU KNOW, BUT I DON'T WANT TO SUPPORT GAMBLING AT THE SEVEN 11 DOWN THE STREET EITHER. YOU KNOW, YOU KNOW, IF IT EVER COMES TO THAT IS WHAT I'M TRYING TO SAY. CAN, CAN YOU GO INTO THE PROCESS OF, IF I OWN A BUSINESS HERE IN WAXAHATCHEE, UH, HOW I WOULD GET MY BUSINESS ADVERTISEMENT UP THERE. WE WOULD JUST, LIKE, WE DO EVERYTHING ELSE THAT WE SELL, WE WOULD MEET WITH YOU PRESENT THE, THE DESIGN, THE IMPACT, THE REACH, THE NUMBER OF VEHICLES THAT GO BY EVERY HOUR, EVERY DAY, THAT SORT OF THING. UH, AS MUCH DEMOGRAPHIC INFORMATION AS WE CAN. AND OF COURSE, THE, THE COST, I MEAN THE COST IS NOT JUST FOR ANYBODY. SO IT'S, AND IT'S NOT PROHIBITIVE, BUT WE'RE TALKING ABOUT CERTAIN TYPES OF ADVERTISERS HERE THAT WILL BE ATTRACTED TO THIS AS OPPOSED TO MORE LIKE A NEWSPAPER WHERE IT'S REALLY DESIGNED TO, TO, FOR, FOR ANY BUSINESS TO ADVERTISE. THIS HAS A LITTLE BIT DIFFERENT COST STRUCTURE, PRICE STRUCTURE. THAT ANSWER YOUR QUESTION? YEAH. I'M JUST THINKING ABOUT EVERYTHING HERE. AND THE REASON I ASKED THAT QUESTION WASN'T BECAUSE I'M TRYING TO BE OVERLY PROHIBITIVE. NO, I'M WITH YOU. JUST SINCE IT HAS THAT LOGO, THAT'S THE CITY THING ON THERE AND YOU ALL, YOU'VE SEEN SOME OF THE BILLBOARDS WHEN YOU GO UP AND DOWN THE ROADS THAT, THAT SOMEBODY'S GOT A WHOLE LOT OF MONEY, GETS ON THERE AND GETS VINDICTIVE AND SAYS SOMETHING ABOUT, YEAH, WE, WE DON'T, AND THEY PUT THOSE KIND OF SIGNS UP AND PAY FOR 'EM. AND THAT WOULDN'T EVEN, THAT WOULDN'T, YOU KNOW WHAT I'M TALKING ABOUT. THAT'S WHY I'M ASKING. 'CAUSE REALLY WHEN I READ THROUGH THIS, THERE WASN'T ANYTHING THAT SAID WE HAD THE RIGHT TO OBJECT TO WHAT WAS ON THE SIGN AND WHEN, AND I WOULDN'T EVEN KNOW WHAT WAS ON THAT SIGN UNTIL MY PHONE STARTED RINGING . AND IT'S YEAH, WE, WE WOULDN'T EVEN, I I CAN HONESTLY SAY WE WOULDN'T COME CLOSE TO EVEN HAVING A CONVERSATION ABOUT THOSE TYPES OF SURE. BUSINESSES THIS NIGHT. I MEAN, WE WE'RE AS INTERESTED AS YOU ARE ABOUT MAKING SURE THAT THE CITY WALKS AS YOU'S POSITION. RIGHT. AND, AND WELL, SO IS THERE GONNA BE A LIMIT FOR A BUSINESS? LET'S SAY YOU GOT A BUSINESS THAT'S GOT DEEP POCKETS AND MAN, THEY WANT THEIR ADVERTISEMENT UP THERE A LOT. YEAH. I MEAN, IS THERE GONNA BE A, A LIMIT SO THAT WE DON'T, WE'RE NOT, IT DOESN'T LOOK LIKE WE'RE CATERING TO ONE BUSINESS IN WAXAHATCHEE. WELL, THERE, THERE'S THIRD, THERE'LL BE 12, IS IT 12? BOB 12. THEY'RE NOT GONNA TAKE DOWN THE WAXAHATCHEE BIBLE CHURCH . THERE'LL BE 12 [00:35:01] ADVERTISERS THAT WILL BE ROTATED. SO IT'S VERY DIFFICULT FOR ANYONE TO DOMINATE IT. MM-HMM . THEY MIGHT DOMINATE IT IN THE SENSE THAT THEY WANT TO BE THERE FOREVER, WHICH WE WOULD GLADLY ACCEPT MM-HMM . UH, BUT IT WILL BE IN A ROTATION BASIS, SO WE'RE NOT, NO ONE BUSINESS CAN SAY, WELL, I'LL BUY ALL THE ROTATIONS AND JUST BE UP THERE. STA THAT WOULD BE A STATIC SIZE. SURE. THIS IS THE, NOT THE OPPOSITE, BUT IT'S TOTALLY DIFFERENT. OKAY. MAYOR, I'VE GOT A QUESTION. I I THINK IT'S PROBABLY FOR, FOR TERRY, AND, BUT I THINK, I THINK BETWEEN RUSTY AND SCOTT, I MEAN, I THINK, I THINK THEY'RE GONNA ADHERE TO THESE, UM, THESE GUIDELINES. MY QUESTION IS, IF SOMEONE SHOWS UP AND PURCHASES THE SIGN FROM RUSTY AND MAKES MEDELY CAN'T REFUSE, IS THERE A WAY OF MAKING THESE PARAMETERS RUN WITH THE SIGN? WE COULD, WE COULD ALSO ENTER INTO AN AGREEMENT ABOUT THE CONTENT AS WELL, SO THERE'S A CLEAR UNDERSTANDING, INCORPORATE THIS INFORMATION, UH, AND, AND THAT WAY IF ANYTHING CHANGES, WE GET ADVANCED NOTICE AND WE ALWAYS HAVE THE POWER TO, IF WE NEED TO CHANGE ZONING OR REVOKE AN SUP, WE COULD DO THAT WITH APPROPRIATE NOTICE THAT MAYOR MAY YES, SIR, GO AHEAD. UM, IN LOOKING AT THIS, AND I AGREE WITH EVERYTHING ON THE PROHIBITED CATEGORIES, I WOULD REQUEST THAT YOU THINK ABOUT ADDING SHORT TERM LOANS AND LOANS SUCH AS PAYDAY LOANS, CAR TITLE LOANS, THOSE TYPES OF THINGS, BECAUSE THOSE ARE ONE TICK GENERALLY LESS THAN LUXURIOUS AND THEY PREY ON THE, ON THE MORE SOCIOECONOMIC DISADVANTAGED FOLKS. YES. AND, YOU KNOW, WE CAN ALL SEE GAMBLING, ADULT CONTENT AND EVERYTHING, BUT MY REQUEST WOULD BE TO CONSIDER MOVING THAT UP AS A PROHIBITED ADVERTISER AS IT RELATES TO THIS PARTICULAR SIGN. NOT FOR THE NEWSPAPER, ANY OF ANYBODY ELSE THAT Y'ALL DO, BUT RIGHT. I I DO THINK THAT THAT IS SOMETHING THAT I WOULD NOT BE IN FAVOR OF PUBLICIZING. OKAY. I MEAN, I DON'T YEAH, I I HAVE NO PROBLEM WITH THAT. I DON'T DO THE BETTING REALLY IS IF YOU AREN'T A LEGITIMATE BANK IN OUR COMMUNITY, THEN YOU'RE GONNA BE CONSIDERED ONE OF THESE, SO YOU WOULDN'T BE ABLE TO ADVERTISE ANYWAY. SO WE CAN JUST SIMPLY MOVE THAT. OKAY, THANK YOU, SIR. YEAH. BUT I CAN, UH, INTERIM BANK OR CNB OR OH YEAH, THAT'S, UH, UH, YOU KNOW, FEDERALLY LICENSED FINANCIAL INSTITUTION'S NOT GONNA BE DOING, I'M, I'LL MOVE IT UP AND THEN SEND IT TO YOU GUYS. THANK YOU SIR. SIR. AND WE DO APPRECIATE THE ADVERTISING OFFER THAT YOU'VE EXTENDED. I HAVE ONE QUESTION SINCE YOU'RE THE ATTORNEY. WE WENT, ME AND BOB WENT TO THE ATTORNEY AND WE ASKED FOR THIS FOR PERMANENT AN AD ON EACH SIDE FOR THE CITY, AND WE WERE TOLD THAT, UH, I CAN ONLY GO TO A CERTAIN PERIOD BECAUSE I WANTED TO PUT IT IN A TRUST FOR MY CHILDREN AND, YOU KNOW, JUST KEEP GOING ON DOWN, SO MAYBE YOU CAN HELP ME SURE. WORK THAT TO WHERE THAT CAN BE, YOU KNOW, HEY, SURE. WE'LL YOU, THAT'S SOMETHING I WANTED TO, I WANTED IT TO BE, SO, YEAH. OKAY. YEAH. YOU KNOW WHAT I MEAN? THANK YOU. THANK YOU GABE. THANK Y'ALL. IS IS THERE A WAY, OR IS IT UNFAIR TO ASK THAT, UM, ON THE PRO ON THE PROHIBITED LIST, UM, THERE NOT BE ANY ADVERTISEMENTS FOR OTHER DOWNTOWNS WITHIN SO MANY MILES. I MEAN, IT WOULD BE PRETTY, PRETTY, UH, TERRIBLE AT THE CITY OF MIDLOTHIAN. HAD TO COME SEE OUR BLUE BONNET, WHATEVER ABOVE OUR LO I THOUGHT YOU WERE GONNA ASK THAT. AREN'T WE NEIGHBORLY? NO, I'M JUST KIDDING. NO, NO. BAMA ROLL TYPES. YEAH, NO BAMA EITHER. OF COURSE WE WON'T USE IT TO ADVERTISE SOME OTHER PLACE. YEP. DO YOU HAVE, DO YOU HAVE ANYTHING ELSE? QUESTIONS FOR ME? NO, I DOES ANYBODY ELSE COUNSEL HAVE ANYTHING ELSE THEY WANT TO ASK THEM? NO. THANK Y'ALL. THANK YOU. THANK YOU. ANYONE ELSE WANNA SPEAK ON THIS ITEM? UH, FOR OR AGAINST? PLEASE COME TO THE PODIUM. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. NEXT ITEM [15. Consider proposed Ordinance approving ZDC-146-2024] IS CONSIDER PROPOSED ORDINANCE APPROVING ZDC 1 46 DASH 2024. MADAM MADAM MAYOR. OH, OH, GO AHEAD MR. MR. GO RIGHT AHEAD. YOU GO AHEAD. NO, GO AHEAD. GOTTA BE QUICK AROUND HERE. I MOVE TO APPROVE ZDC 1 46 20 24. A SPECIFIC USE PERMIT FOR A DIGITAL BILLBOARD SIGN SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY. WE HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU, COUNSEL. THANK YOU MR. SCOTT. THANK YOU VERY MUCH GUYS. THANK Y'ALL VERY MUCH. NEXT ITEM IS [16. Public Hearing on a request by Cheralyn Armijo, Glenn Engineering Corp., for a Zoning Change from a Single Family-1 (SF-1) zoning district to Planned DevelopmentCommercial (PD-C) zoning district, for a Public School (Waxahachie Creek High School) use, located approximately 0.5 miles south of 135 Park Hills Drive (Property ID 294908) - Owner: Waxahachie ISD (ZDC-200-2024)] A PUBLIC HEARING ON A REQUEST BY SHERILYN ARMIJO CLIN GLEN [00:40:01] ENGINEERING CORPORATION FOR A ZONING CHANGE FROM A SINGLE FAMILY ONE ZONING DISTRICT TO PLAN DEVELOPMENT COMMERCIAL PDC ZONING DISTRICT FOR A PUBLIC SCHOOL, WACHEE CREEK HIGH SCHOOL USE LOCATED APPROXIMATELY 0.5 MILES SOUTH OF 1 35 PARK HILLS DRIVE OWNER WACE ISD. THIS IS ZDC 200 DASH 2024. JENNIFER. THANK YOU MAYOR. UH, THIS PARTICULAR ITEM, AS YOU NOTED, IS A REQUEST FOR A PLAN DEVELOPMENT. THE USE ITSELF, UM, THE, UH, WAXAHATCHEE, UM, ISD UM, HIGH SCHOOL IS ALLOWED OUTRIGHT, UM, IN THE SINGLE FAMILY ONE ZONING DISTRICT. SO I'D LIKE TO MAKE THAT CLEAR. UH, THE ACREAGE OF THE SUBJECT PROPERTY IS 129 ACRES. NOW THERE ARE SOME PARTICULAR ITEMS THAT HAVE BEEN IDENTIFIED IN YOUR STAFF REPORT, AND THOSE ARE THE TOPIC, UM, RELATED TO THE PLAN DEVELOPMENT THAT'S BEFORE YOU, ONE OF WHICH IS THE, UM, MAXIMUM BUILDING HEIGHT. THERE IS A PORTION OF THE BUILDING THAT IS 75 FEET IN HEIGHT, WHICH EXCEEDS THE, UM, MAXIMUM, UH, BUILDING HEIGHT IN THE SINGLE FAMILY ZONING DISTRICT. THE OTHER ITEMS THAT WE ARE COVERING ARE, UM, LOT COVERAGE AS WELL AS BUILDING ARTICULATION. UH, ONE OF THE ITEMS THAT HAVE BEEN INCLUDED IN YOUR PACKET IS MODIFIED LANDSCAPING, WHICH IS PRETTY COMMON WITH PUBLIC, UM, SCHOOLS TO HAVE SOME MODIFICATION TO THE LANDSCAPING REQUIREMENTS. ALSO, THE PROJECT HAS A NUMBER OF ATHLETIC FIELDS AND THOSE WILL BE, UM, INCLUDED IN THE PLAN DEVELOPMENT AS WELL AS CHAIN LINK FENCING, WHICH IS TYPICALLY PROHIBITED. HOWEVER, UM, WHEN UM, THE DESIGN IS ASSOCIATED WITH A PUBLIC SCHOOL, IT'S USUALLY AN ACCEPTABLE MATERIAL. WOULD ALSO LIKE TO NOTE THAT WE HAVE RECEIVED, UM, THREE LETTERS OF SUPPORT FOR THIS PARTICULAR ITEM THAT'S BEFORE YOU AND NO LETTERS OF OPPOSITION. THIS PARTICULAR ITEM WAS BEFORE PLANNING AND ZONING COMMISSION ON THE 9TH OF DECEMBER. UM, P AND Z, UM, RECOMMENDED APPROVAL BY A SIX ZERO VOTE. AND I WOULD ALSO LIKE TO NOTE THAT, UM, CITY STAFF HAS BEEN WORKING WITH, UH, WAXAHATCHEE ISD FOR SEVERAL MONTHS ON THIS PARTICULAR ITEM. WITH ALL OF THE ITEMS THAT ARE ASSOCIATED WITH, UM, THE PROPOSED NEW HIGH SCHOOL STAFF IS RECOMMENDING APPROVAL. WE'VE INCLUDED CONDITIONS OF APPROVAL IN THE STAFF REPORT. I WOULD ALSO LIKE TO NOTE THAT, UM, REPRESENTATIVES OF WAXAHATCHEE ISD ARE HERE THIS EVENING TO ADDRESS ANY QUESTIONS YOU MAY HAVE REGARDING THE REQUEST. THAT'S BEFORE YOU. THANK YOU. THANK YOU, JENNIFER. THIS IS A PUBLIC HEARING. IF YOU'D LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST, PLEASE COME TO THE PODIUM. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. NEXT ITEM [17. Consider proposed Ordinance approving ZDC-200-2024] IS CONSIDER PROPOSED ORDINANCE APPROVING CDC 200 DASH 2024. MADAM MAYOR, CAN I ASK MR. MO ONE QUICK QUESTION? YOU SURE CAN. AND IT REALLY ISN'T TO THE HIGH SCHOOL, BUT I'M SORT OF CONFUSED ON HERE SINCE SHE MENTIONED CHAIN LINK FENCE ON THE NEW CAMPUS. MR. SMITH AND I HAVE BEEN WORKING ON SOME THINGS WITH THE SCHOOL DISTRICT TRYING TO GET MORE PRACTICE FIELDS. AND I'M JUST SORT OF CONFUSED IF IT SAID YOU CAN PUT RAIN LINK FENCE ON HERE, AND THEN WE'VE BEEN TOLD THAT IT HAD TO BE NON CLIMBABLE, WHATEVER KIND OF FENCE IT COSTS. SO WHAT THIS WILL BE IS, SO ALONG WHERE WE HAVE THE SPORTS FACILITIES, WE WILL HAVE A NON CLIMBABLE FENCE BY TEA REGULATIONS. THIS IS A SIX FOOT ROD IRON OR EIGHT FOOT CHAIN LINK, OR SIX FOOT WITH TWO FOOT OF CLIMB RESISTANCE AT THE TOP OF THAT. HOWEVER YOU WANT TO INTERPRET THAT, YOU INTERPRET THOSE TWO FEET. UM, BUT IN THE, THAT AREA TO GET ONTO THE, TO GET INTO THE ATHLETIC FACILITY WILL BE A SIX FOOT. WE'RE TALKING ABOUT LIKE ALONG THE FOOTBALL FIELD, THEY'LL HAVE LIKE A FOUR FOOT CHAIN LINK WHERE PEOPLE LEAN AGAINST OR STUFF LIKE THAT. OR MAYBE ALONG THE SIDES OF THE BASEBALL BETWEEN DUGOUT AND THE FOUL LINE. THOSE KIND OF THINGS THAT ARE CHAIN LINK IN THOSE AREAS, UM, AROUND A BATTING CAGE, THOSE LITTLE THINGS THAT, THAT DOESN'T NECESSARILY FALL INTO WHAT TEA CALLS US FOR. NO NON-SCALABLE FENCE. OKAY. I'M NOT GONNA BELABOR THE POINT BECAUSE THAT YEAH, BUT I MEAN THAT, THAT'S THE REASON I ASK YOU. THAT'S A TOTALLY DIFFERENT QUESTION YES. GOING ON. THAT IS WHERE, THAT IS WHERE WE'RE AT ON THOSE THINGS. THOSE ARE WHERE WE'RE ASKING FOR THOSE DIFFERENCES BECAUSE OF THE, OF THE WAY THINGS WEREN'T LIKE, ESPECIALLY ON A FOUL LINE. SURE. BALL GETS THROWN, IT GOES THROUGH A WROUGHT IRON FENCE. NOW WE'RE GIVING BASES AWAY SINCE WE DIDN'T NECESSARILY HAVE TO. SURE. THOSE KIND OF THINGS, RIGHT. ANYBODY ELSE? [00:45:01] ANYTHING ELSE? CAN WE INCLUDE THE MASCOT IN THIS AGREEMENT OR IS THAT NOT AN OPTION? YOU CAN, IF WE KNEW IT, WE DON'T KNOW IT, SO WE CAN'T INCLUDE IT. I'LL BE HONEST WITH YOU ON THAT ONE. THANK YOU. CONSIDER PROPOSED ORDINANCE APPROVING ZDC 200 DASH 2024. MADAM MAYOR, I MOVE TO APPROVE ZDC 220 24 PLAN DEVELOPMENT REQUEST FOR WAXAHATCHEE CREEK HIGH SCHOOL, SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY. WE HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. NEXT ITEM [18. Public Hearing on a request by Stephanie Gienger, Kimley-Horn, for a Zoning Change from a Planned Development-Multi-Family-2 (PD-MF-2) and General Retail (GR) zoning district to a Planned Development-Multi-Family-2 (PD-MF-2) zoning district, located at 2797 John Arden Drive (Property ID 189265, 189266, and 275156) - Owner: Arden Group LLC and International Church of Foursquare Gospel (ZDC-203-2024)] IS A PUBLIC HEARING ON A REQUEST, UH, BY STEPHANIE. I'M GONNA GING HER KIMLEY HORN FOR A ZONING CHANGE FROM A PLAN DEVELOPMENT MULTI-FAMILY TWO AND A GENERAL RETAIL ZONING DISTRICT TO A PLAN DEVELOPMENT MULTIFAMILY TWO ZONING DISTRICT LOCATED AT 27 97. JOHN ARDEN DRIVE, OWNER IS ARDEN GROUP, LLC AND INTERNATIONAL CHURCH OF FOUR SQUARE GOSPEL ZDC 2 0 3 20 24. JENNIFER. THANK YOU MAYOR. UM, THIS PARTICULAR ITEM WAS BEFORE YOU, UM, A FEW MONTHS AGO REGARDING THE, UH, PLAN DEVELOPMENT. AND AT THIS TIME THE APPLICANT IS REQUESTING A MODIFICATION TO THAT PLAN DEVELOPMENT. THE ACREAGE OF THE SUBJECT PROPERTY IS 13.66 ACRES IN SIZE. AND, UM, THE, UH, PLAN DEVELOPMENT THAT WAS APPROVED PREVIOUSLY ALLOWED FOR 68 UNITS. THE APPLICANT IS PROPOSING TO DEVELOP THE ENTIRE PROPERTY WITH 75 UNITS. THESE UNITS WILL BE AGE RESTRICTED AND I DO NEED TO POINT OUT AN ERROR IN THE STAFF REPORT. UM, THE STAFF REPORT IDENTIFIES THAT THERE WILL BE THREE BEDROOM UNITS. AND JUST A POINT OF CLARIFICATION, THE UNITS WILL BE ONE BEDROOM UNITS AND TWO BEDROOM UNITS, AND THEY WILL BE AGE RESTRICTED 55 AND OLDER. UM, THE APPLICANT WILL, UM, EXCEED THEIR PARKING REQUIREMENT, EXCEED THEIR LANDSCAPING REQUIREMENT. ALL OF THE ITEMS THAT WERE DISCUSSED PREVIOUSLY REGARDING THE EXTENSION OF ALLIANCE BOULEVARD ARE STILL PART OF THIS PARTICULAR PROJECT. UM, AND ALSO, UM, THE SCREENING THAT WAS PREVIOUSLY ADDRESSED IS ALSO PART OF THE PROJECT AS WELL. UM, BUT THE AREA OF FOCUS IS THE PORTION THAT WAS SET ASIDE FOR, UH, FUTURE DEVELOPMENT FROM SOMEONE OTHER THAN THE APPLICANT AT THIS TIME FOR COMMERCIAL. AND AT THIS TIME, THEY'RE PROPOSING TO DEVELOP, UH, THE ENTIRE SITE FOR THE, UH, MULTI-FAMILY DWELLING UNITS, ALL OF THE, UM, IMPROVEMENTS. UM, ALL OF THE, UH, DESIGN OF THE DEVELOPMENT WILL CONTINUE TO BE THE SAME AS FAR AS THE LOOK OF THE BUILDINGS. UM, MATERIALS WILL BE THE SAME. CLUBHOUSE, UH, AMENITIES, UM, HAVE NOT CHANGED, UM, OTHER THAN ADDING SOME AMENITIES ON THE PORTION THAT THE APPLICANT WILL BE UM, UTILIZING. AND THE, UM, DETENTION WILL ALSO STAY THE SAME AS PROPOSED BEFORE THIS PARTICULAR ITEM HAS RECEIVED NO LETTERS OF SUPPORT AND NO LETTERS OF OPPOSITION. UH, THE ITEM WAS BEFORE PLANNING AND ZONING COMMISSION ON DECEMBER 9TH, PNC RECOMMENDED APPROVAL OF THE MODIFICATION TO THE, UM, PLAN DEVELOPMENT STAFF IS ALSO RECOMMENDING APPROVAL AS WELL. THE DESIGN TEAM IS HERE THIS EVENING TO ADDRESS ANY QUESTIONS YOU MAY HAVE REGARDING THE AMENDMENT TO THE, UM, PLAN DEVELOPMENT. THANK YOU. THANK YOU, JENNIFER. THIS IS A PUBLIC HEARING. IF YOU WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST, PLEASE COME TO THE PODIUM. SEEING NONE WILL CLOSE THE PUBLIC HEARING. COUNSEL HAVE ANY QUESTIONS ON THIS ITEM? YES, MA'AM. IS THE APPLICANT HERE, ANYBODY SPEAK ON BEHALF? SO WHY EXACTLY ARE WE NIXING THE COMMERCIAL SIDE OF THIS OR LIKE THE RETAIL SIDE OF THIS? IT AS WE UNDERSTAND THAT PRE THE SELLER HAD A USE, UH, IN MIND AND THEY CAME TO US THAT THAT USE IS NO LONGER VIABLE. AND THEY CAME TO US AND, AND INQUIRED IF WE WOULD BE INTERESTED IN EXPANDING OUR PRODUCT ACROSS THE LINES. [00:50:03] SO INITIALLY Y'ALL HAD NO PLANS TO ACTUALLY BUILD ON THAT SIDE OF ALLIANCE INITIALLY? NO. WE WOULD HAVE, BUT AT THE TIME WE UNDERSTOOD THEY HAD SOMEBODY IN THE WINGS FOR THAT SITE. THE ONLY KIND OF THOUGHT I HAVE ON THE RENDERINGS AS THEY'RE PRESENTED, UM, IS THAT NOW THIS BACKS UP TO THE GOLF COURSE. SO IF THE CITY WERE TO EVER PURSUE THAT OR THE GOLF COURSE AS IT SITS NOW, UM, IT IT'S RIGHT ON, I MEAN IT'S ON THE GOLF COURSE, RIGHT? UM, IT'S NOT VERY ATTRACTIVE FROM THE BACKSIDE OF THE BUILDINGS. HAS THAT BEEN CONSIDERED AT ALL THE BACK? THE, THE BACKSIDE OF THE RENDERINGS ARE NOT VERY ATTRACTIVE TO BE ON A GOLF COURSE. UM, AND THERE ARE REQUIREMENTS ON THE OPPOSITE SIDE OF THE GOLF COURSE OF NO CHAIN LINK FENCES, THOSE TYPES OF THINGS. UM, HAVE THOSE CONSIDERATIONS BEEN MADE? 'CAUSE IT DOESN'T APPEAR LIKE IT HAS BEEN ON THE RENDERINGS THERE, THERE WOULD NOT BE ANY CHAIN LINK FENCE ON THIS, THIS PROPERTY. SO WHAT'S ON THE BACKSIDE OF THE BUILDING? THE, THESE, THIS PARTICULAR SIDE OF THE STREET, UM, MOST OF THESE UNITS WOULD HAVE A PRIVATE BACKYARD. IT'S A WROUGHT IRON FENCE, A LOWER WROUGHT IRON FENCE, AND THERE'S SIGNIFICANT LANDSCAPE SCREENING I BELIEVE THEY PROVIDED ALONG THAT PROPERTY. IS THAT WRITTEN INTO THE PD? I DIDN'T SEE THAT IT WAS REQUIRED TO HAVE THE WR IRON FENCE ON THE BACKSIDE. SO, SO YES, IT'S ALL INCLUDED IN THE, IN THE PLAN DEVELOPMENT AS WELL AS THE, THE LANDSCAPING PROPOSED BECAUSE IT LOOKS LIKE IT'S RIGHT THERE ON THE, IT'S ON THE PROPERTY LINE. SO THERE'S NO SETBACK EITHER LIKE THE REST OF THE GOLF COURSE. I JUST FEEL THAT LIKE WE'RE SETTING THAT THIS IS, THIS COULD POTENTIALLY SET A PRECEDENT TO JUST LINE THE GOLF COURSE WITH WHATEVER, UM, IF IT'S ON THE BACKSIDE OF IF IT, IF IT BACKS UP TO THE PROPERTY LINE. WHEREAS ON THE REST OF THE, THE REST OF THE COURSE WE HAVE SETBACKS. JUST FOR CURIOSITY, MR. SMITH, WHAT WOULD BE THE DIFFERENCE IF YOU HAD A HOUSE THAT HAD LANDSCAPING FACING THE GOLF COURSE? SO YOU GOT THE BACKSIDE OF A BUSINESS, I'M SAYING THE SETBACK. SO IN, IN WHAT'S BEEN IN WHAT'S BEEN PROVIDED TO US, UHHUH , THE BACK OF THE BUILDING IS ON THE PROPERTY LINE. IT'S NOT SET BACK LIKE THE REST OF THE GOLF COURSE IS. WE DO HAVE A 50 FOOT BUILDING SETBACK ALONG THAT SIDE. SO THERE'S GONNA BE AN EIGHT, SORRY, SIX FOOT MASONRY SCREENING WALL. AND THEN THERE'S A GAP AND THEN THERE IS A LITTLE IRON ROD FENCE FOR THE BACKYARD. BUT THE BUILDINGS ARE SET BACK 50 FEET FROM THE PROPERTY LINE. AND THERE'S ALSO LANDSCAPING IN THAT AREA, JENNIFER, IS THAT CORRECT? ON THE 50 FEET? THAT IS CORRECT. IT'S MORE CLEANLY SHOWN ON THE SITE PLAN IF THAT'S HELPFUL. NOT THE RENDERING. DO WE HAVE A, A PHOTOGRAPH OF WHAT THE BACKSIDE LOOK WOULD LOOK LIKE OR, SO THE ELEVATIONS THAT WE HAVE DON'T SHOW THAT PARTICULAR ELEVATION. NOW IF THAT IS SOMETHING THAT, UM, COUNCIL, UM, PROVIDES THAT YOU WOULD LIKE THE APPLICANT TO ADDRESS SOME ENHANCEMENTS TO THOSE REARS OH, AND DOOR ADD ADDITIONAL LANDSCAPING, THAT THAT CAN BE ADDRESSED I THINK AT AN ADMINISTRATIVE LEVEL, UM, WITH STAFF, IF THAT PLEASES COUNSEL, WHAT'S THE HEIGHT OF THAT? UH, MASONRY WALL. SIX FEET. THAT'S REQUIRED BY THAT'S NOT TO THE REAR OF THE, THE BUILDING, CORRECT. THAT'S NOT ACROSS THE REAR. THAT'S SIX FEET, LIKE ACROSS THE PROPERTY LINE, UM, ON THE REAR OF THE BUILDING. AND THEN THERE'S LIKE A FOUR FOOT IRON ROD FOR LIKE THE BACKYARDS OF THE BUILDINGS. AND THAT'S SET OUT ON THE 50 50 FOOT BUILDING SETBACK. SO IT'S, IT'S A SIX FOOT MASONRY WALL AROUND THE PROPERTY LINE? YES. WHICH IS TO MY POINT OF THAT'S GONNA BE ALONG THE GOLF COURSE. [00:55:07] SO THAT WOULD, THAT WOULD IMPEDE THE VIEW OF THE BACKYARD, WHICH HAS NOT BEEN APPROVED OR ACCEPTABLE AT ANY OTHER PART ALONG THE GOLF COURSE. THEY'RE REQUIRED TO HAVE AN OPEN FENCING IN THE BACKYARD AND AGAIN THAT THAT CAN BE MODIFIED. UM, REGARDING THIS PARTICULAR ITEM, TO NOTE THAT ALONG THE GOLF COURSE, IF YOU DECIDE THAT YOU WANT A ORNAMENTAL SIX FOOT TALL, UM, FENCING MATERIAL THAT CAN BE ACCOMMODATED PART, UH, PART OF THE ISSUE TO JUST KIND OF KEEP IN MIND IS THE ZONING. UM, TYPICALLY WHEN YOU HAVE MULTI-FAMILY ZONING ADJACENT TO SINGLE FAMILY ZONING THAT THE, UM, MASONRY FENCE IS REQUIRED. UM, HOWEVER, IN THIS CASE, IF YOU DECIDE THAT YOU WOULD LIKE THE APPLICANT TO GO WITH AN ORNAMENTAL FENCING MATERIAL, MAYBE WITH, UM, COLUMNS THAT CAN BE INCORPORATED, UM, THAT CAN BE SOMETHING THAT COULD BE ADDED TO THE MOTION THIS EVENING PICTURE. WOULD YOU HAVE ANY HEARTBURN WITH GOING WITH AN OPEN FENCING ALONG THE BACKSIDE OF THE STRUCTURE? NONE WHATSOEVER. FRANKLY, WE'D PROBABLY PREFER THAT WE JUST WERE FOLLOWING THE ZONING REQUIREMENTS OF THE, OF THE SITE AS ZONED. WHAT THINK, CAN YOU PULL UP THE, IT'S ON PAGE. I DON'T KNOW WHAT PAGE IT'S ON, ON HERE. THE, THE SKY VIEW THAT'S LOOKING DOWN THAT SHOWS JOHN ARDEN AND SHOWS 35 AND 2 87 AND IT'S GOT A YELLOW C LINE AROUND THE PROJECT SITE. IT'S IN THEIR PACKET. THAT ONE. THAT ONE? NO. WELL THAT'LL WORK. THAT'LL WORK. THE YELLOW LAND RIGHT THERE. WHAT IS THAT? IT'S SINGLE FAMILY ZONED. IT'S A GOLF COURSE, BUT YOU KNOW, THERE'S PORTIONS OF IT THAT ARE ZONE, BUT THAT'S LAND OWNED BY THE GOLF COURSE. THERE'S, THAT'S NOT ACTUALLY WHERE THE GOLF COURSE IS. THE GOLF COURSE IS DOWN MORE TOWARDS THE LAKES DOWN THERE, ISN'T IT? NO. NO, THAT'S, YOU CAN'T TELL FROM THAT PICTURE. THAT'S WHY I'M ASKING. THAT'S, THAT'S WHAT I'M ASKING. 'CAUSE YOU CAN'T REALLY TELL FROM THIS PICTURE. NO, THIS BACKS UP TO THE TEE BOX ON 12. OKAY, THAT'S WHAT I'M TRYING TO GET AT. OR 13, WHAT IS IT? 13 GREEN OF 12 TEE BOX OF 13. 13 . MY QUESTION GOES BACK TO, TO WHAT IT WAS BEFORE. THAT PARCEL OF LAND IS ZONED COM UH, RETAIL CURRENTLY. SO IF YOU DON'T HAVE HOMES THERE AND YOU'RE LOOKING AT SOMEONE'S BACKYARD COMPARED TO LOOKING TO THE BACK OF SOMEBODY'S BUSINESS, YOU KNOW WHAT I'M SAYING? I DON'T, I DON'T, IT DOESN'T GIVE ME HEARTBURN. IT'S A HOUSE THAT'S THERE. I CAN UNDERSTAND WHAT YOU'RE SAYING ABOUT PUTTING AN OPEN FENCE INSTEAD OF A, A BIG MASONRY FENCE. THAT'S ALL THAT I'M AFTER, IS JUST NOT TO HAVE A THAT'S ALL YOU WANT. CLOSED OFF FENCE. SO IT, SO IT MATCHES THE REST OF WHAT'S AROUND THE COURSE AND THEY'D RATHER HAVE THAT ANYWAY 'CAUSE IT'S CHEAPER FOR THEM. SO , [19. Consider proposed Ordinance approving ZDC-203-2024] DO WE HAVE A MOTION? MADAM MAYOR, MOVED TO APPROVE ZDC DASH 2 0 3 DASH 2024 A PLANNED A PLANNED DEVELOPMENT FOR A SENIOR LIVING COMMUNITY SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND TO INCLUDE OPEN FENCING ALONG THE PROPERTY, ADJACENT TO THE GOLF COURSE AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY. DO WE HAVE A MOTION? WE HAVE A SECOND. SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU. NEXT ITEM [20. Consider Development Agreement for ZDC-203-2024] CONSIDERED DEVELOPMENT AGREEMENT FOR ZDC 2 0 3 DASH 2024. DO YOU HAVE A MOTION FOR THIS ONE OR [01:00:01] IF NOT DISCUSSION. OH, I'M SORRY. I'M LOOKING AT THE NEXT ITEM 20. MAD. MAYOR, I MOVE. I MAD. MAYOR, I MOVE TO APPROVE THE DEVELOPMENT AGREEMENT FOR ZDC DASH 2 0 3 DASH 2 0 2 4 AND TO INCLUDE AND TO AMEND THAT TO INCLUDE THE OPEN FENCING ALONG THE GOLF COURSE. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. [21. Public Hearing on a request by Caleb Jones, Kimley-Horn, for a Zoning Change from a General Retail (GR) zoning district to Planned Development-General Retail (PD-GR) zoning district, for BJ’s Wholesale Club, located north of 2130 N US Highway 77 (Property ID 191272 & 298186) - Owner: Waxahachie Hedgewood 1 LLC & Adam Arredondo (ZDC-165-2024) ] NEXT ITEM IS A PUBLIC HEARING ON A REQUEST BY CALEB JONES, KIMLEY HORN FOR A ZONING CHANGE FROM A GENERAL RETAIL ZONING DISTRICT TO PLAN DEVELOPMENT GENERAL RETAIL ZONING DISTRICT FOR BJ'S WHOLESALE CLUB LOCATED NORTH OF 2130 NORTH US HIGHWAY 77. OWNER WAXAHATCHEE HEDGEWOOD, ONE LLC AND ADAM ARRADONDO, ZDC 1 65 DASH 2024. JENNIFER. THANK YOU MAYOR. UH, THE SUBJECT PROPERTY, AS YOU NOTED IS CURRENTLY ZONED GENERAL RETAIL GR AND THE, UM, BJ'S USE IS ALLOWED OUTRIGHT ON THIS PARTICULAR, UM, PIECE OF PROPERTY. NOW THERE ARE SOME ACCESSORY USES THAT WE'LL TOUCH ON THAT WILL BE CAPTURED IN THE PLAN DEVELOPMENT REQUEST. UH, THE ACREAGE OF THE SUBJECT PROPERTY IS 11.91 ACRES IN SIZE, AND AS I NOTED, UH, THE PROPOSED PRIMARY USE IS A BJ'S WHOLESALE CLUB, UH, HOURS OF OPERATION HAVE BEEN IDENTIFIED IN THE STAFF REPORT. THE, UM, SQUARE FOOTAGE OF THE BJ'S WHOLESALE CLUB IS APPROXIMATELY 107,000 SQUARE FEET. THE APPLICANT HAS DESIGNED THE PROJECT, UM, TO, UM, EXCEED OUR PARKING REQUIREMENT AS WELL AS OUR LANDSCAPING REQUIREMENT. AND I WOULD LIKE TO NOTE THAT, UM, THE PROPERTY, AS YOU MENTIONED, IS ON THE CORNER OF 77 IN HEDGEWOOD. SO REGARDING ACCESS TO THE SUBJECT PROPERTY, THERE ARE THREE POINTS, TWO POINTS OF ACCESS, UM, ALONG HEDGEWOOD AND ONE POINT THAT IS A EXIT ONLY FROM THE, UM, GAS, UH, SALES PORTION OF THE SITE. AND THEN ALONG 77 THERE IS A POINT OF ACCESS AND EXIT FROM THE SUBJECT PROPERTY. I WOULD ALSO LIKE TO NOTE THAT AS PART OF THE PROJECT THERE WILL BE A PROPANE, UM, REFILL, UM, AREA AND ALSO A TIRE SERVICE, UM, PORTION. NOW THE TIRE SERVICE PORTION WILL TAKE PLACE INSIDE THE EX THE, UM, PROPOSED BUILDING. SO NO, UM, INSTALLATION WILL TAKE PLACE OUTSIDE. I WOULD ALSO LIKE TO NOTE AS PART OF THE PROJECT, THE APPLICANT IS PROPOSING A EIGHT FOOT SCREENING WALL TO THE REAR OF THE SUBJECT PROPERTY, WHICH WILL INCREASE IN HEIGHT TO 10 FEET, UM, TOWARDS THE NORTHERN PORTION OF THE SUBJECT PROPERTY. UH, THE APPLICANT HAS, UM, EXCEEDED OUR LANDSCAPING REQUIREMENT AS WELL AS CLUSTERING SOME LANDSCAPING TO THE REAR OF THE SUBJECT PROPERTY TO HELP WITH ANY, UH, MITIGATION MEASURES. UM, AND THAT WILL BE A COMBINATION OF THAT EIGHT FOOT TRANSITIONING TO 10 FOOT MASONRY WALL AS WELL AS THE LANDSCAPING ON SITE. NOW, AS FAR AS THE BUILDING IS CONCERNED, THE APPLICANT IS NOT REQUESTING ANY DEVIATIONS OR WAIVERS. UM, RELATED TO THE DESIGN OF THE PROPOSED, UM, STRUCTURE, THEY WILL MEET OUR, UM, ARTICULATION REQUIREMENTS ON ALL ELEVATIONS. ALL ROOF MOUNTED EQUIPMENT WILL BE SCREENED ACCORDINGLY WITH PARAPETS. UH, THE APPLICANT IS NOT REQUESTING ANY DEVIATIONS FROM THAT AND THE PROPANE ENCLOSURE WILL, UM, MATCH THE BJ'S DESIGN PALETTE OR, UM, COLOR PALETTE, UM, WITH THE SIX FOOT, UM, MASONRY STRUCTURE OR ENCLOSURE. NOW, AS FAR AS THE CANOPY IS CONCERNED, AGAIN, THE APPLICANT WILL CONTINUE WITH THE BJ'S, UM, THEME AS FAR AS THE COLOR PALETTE AND MATERIALS, UM, ASSOCIATED WITH THE, UM, THE CANOPY. THEY'RE NOT, UH, REQUESTING ANY, UM, POLE SIGN OR SIGNAGE THAT WILL EXCEED OUR OUR SIGN CODE. THE APPLICANT HAS PROVIDED A PHOTOMETRIC PLAN REGARDING, UM, THE LIGHTING THAT IS ANTICIPATED FOR THE SUBJECT PROPERTY. ALSO INCLUDED IN THE PACKET ARE, UM, EXHIBITS OF THE LIGHTING STANDARDS AND THE [01:05:01] PROPOSED SCREENING OR SHIELDING MEASURES ASSOCIATED WITH THOSE LIGHTING STANDARDS TO DIRECT THE LIGHTING DOWNWARD INSTEAD OF OUTWARD STAFF. WE HAVE RECEIVED FOUR LETTERS OF SUPPORT REGARDING THE ITEM THAT'S BEFORE YOU. WE HAVE NOT RECEIVED ANY LETTERS OF OPPOSITION. THIS PARTICULAR ITEM WAS BEFORE PLANNING AND ZONING COMMISSION ON, UH, THE 9TH OF DECEMBER, P AND Z RECOMMENDED APPROVAL BY A SIX ZERO VOTE. UM, STAFF, WE ARE AVAILABLE IF YOU HAVE ANY QUESTIONS REGARDING THIS ITEM. AND THE DESIGN TEAM IS HERE TODAY TO ADDRESS ANY QUESTIONS YOU MAY HAVE, UM, RELATED TO THE PROPOSAL THAT'S BEFORE YOU. AND THAT CONCLUDES MY PRESENTATION. THANK YOU. THANK YOU, JENNIFER. THIS IS A PUBLIC HEARING. IF YOU WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST, UH, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS. GOOD EVENING. MY NAME IS MARK LAVOY. I THE SITE DEVELOPMENT MANAGER FOR BJ'S WHOLESALE CLUB. OUR CORPORATE ADDRESS IS THREE 50 CAMPUS DRIVE IN MARLBOROUGH, MASSACHUSETTS. CAN YOU GO TO THE NEXT SLIDE PLEASE? WE ARE A MEMBERSHIP CLUB THAT REQUIRES A MEMBERSHIP, UM, TO BE ABLE TO PURCHASE ITEMS IN OUR CLUB AND TO BUY FUEL AT OUR FUEL CENTER. WE'RE A PUBLICLY TRADED S AND P 500 COMPANY, FOUNDED IN 1984. AND, UH, AS I MENTIONED, OUR HEADQUARTERS IS LOCATED IN MARLBOROUGH, MASSACHUSETTS. WE HAVE OVER 247 CLUBS AND SEVEN AND A HALF MILLION MEMBERS, UM, LOCATED THROUGHOUT THE EASTERN HALF OF THE UNITED STATES. OUR CLUBS RANGE FROM MAINE DOWN TO FLORIDA AND WE COME OUT AS FAR WEST MIDWEST, UM, AS MICHIGAN, OHIO, INDIANA, TENNESSEE. UH, WE'RE ABOUT TO OPEN OUR FIRST CLUB NEXT MONTH IN KENTUCKY AND WE OPENED OUR FIRST CLUB LAST YEAR IN ALABAMA. AND THIS WILL BECOME ONE OF OUR FIRST CLUBS THAT WE OPENED IN THE STATE OF TEXAS. UH, WE OFFER UP TO 25% SAVINGS ON A REPRESENTATIVE BASKET OF MANUFACTURED BRANDED GROCERIES COMPARED TO A TRADITIONAL SUPERMARKET COMPETITORS. WE PROVIDE A WIDE ASSORTMENT OF FRESH FOODS, PRODUCE FROZEN FOODS, MEAT AND DELI BAKERY. WE HAVE HOUSEHOLD ESSENTIALS, APPAREL, SEASONAL ITEMS. WE SELL TVS AND ELECTRONICS. WE HAVE ELECTRIC. WE HAVE AN OPTICAL SHOP WITH AN ONSITE LICENSED, UH, OPTIC OPT, UM, IUC. AND UH, AS WE MENTIONED, WE HAVE A TIRE CENTER WHERE WE DO ALL, ALL WE DO IS WE, UH, INSTALL NEW TIRES. WE DON'T DO ANY OTHER VEHICLE MAINTENANCE. AND AGAIN, ALL THAT HAPPENS INSIDE OUR CLUBS, BUT WE ANTICIPATE HIRING 125 TO 150 NEW TEAM MEMBERS AND WE WILL SOURCE AND WE WILL, UH, HIRE PREDOMINANTLY. AND, UM, ALL OF THOSE PEOPLE FROM THE LOCAL MARKET, INCLUDING OUR CLUB MANAGEMENT TEAM. OUR TYPICAL HOURS ARE 8:00 AM TO 9:00 PM FOR OUR CLUB. OUR FUEL CENTER HOURS ARE 6:30 AM TO 9:00 PM AND THEY BOTH CLOSE AT EIGHT O'CLOCK ON SUNDAYS. UM, LAST THING I'D LIKE TO HIGHLIGHT IS OUR CHARITABLE ORGANIZATION. WE, WE HAVE THREE PILLARS THAT WE PROVIDE, UM, CHARITIES TO. UM, WE, WE, UH, LOOK FOR HUNGER RELIEF, EDUCATION AND HEALTH AND WELLNESS. WE PARTNER WITH, UH, FEEDING AMERICA WHERE WE DONATE FOOD AND MONEY TO LOCAL FOOD BANKS IN THOSE COMMUNITIES WHERE WE OPERATE CLUBS. WE ALSO DONATE MONEY TO LOCAL SCHOOLS AND THOSE SAME COMMUNITIES THAT WE OPERATE CLUBS. AND FINALLY WE HAVE A PARTNERSHIP WITH BOSTON CHILDREN'S HOSPITAL WHERE WE GIVE MONEY FOR RESEARCH, MEDICAL RESEARCH. I'D BE HAPPY TO ANSWER ANY OTHER QUESTIONS ABOUT OUR COMPANY AT THE END OF OUR PRESENTATION, BUT I'D LIKE TO ASK BILL DAHLSTROM TO COME UP NOW AND GIVE YOU A LITTLE MORE INFORMATION ABOUT OUR PROPOSAL. THANK YOU. THANK YOU. THANK YOU, MARK. JENNIFER, WOULD YOU MIND GOING TO THE COLORED SITE PLAN? I HAD A, UM, BILL DAHLSTROM 2323 ROSS AVENUE. I HAD A FULL PRESENTATION PREPARED, BUT PLANNING STAFF, UH, TOOK MY PRESENTATION. SO I'M JUST GONNA HIT THE HIGHLIGHTS AND THANK STAFF, FIRST OF ALL FOR GUIDING US THROUGH THIS PROCESS. UH, WE HAD A LOT OF BACK AND FORTH AND WE MADE A LOT OF PROGRESS ON OUR, UH, ON OUR PROJECT. JUST WANNA REITERATE THAT THE BJ'S WHOLESALE CLUB IS A PERMITTED USE UNDER THE CURRENT ZONING. AND AS JENNIFER SAID, WE'RE COMING IN BECAUSE WE WANTED TO DO SOME INCIDENTAL USES THAT ARE COMMON TO WHOLESALE CLUB STORES LIKE THE FUELING STATION, THE OTHERS THAT ARE MENTIONED. UM, AND AGAIN, UH, MS. PRUITT DID A GREAT JOB OF I WALKING YOU AROUND THE SITE. UM, WE DID HAVE A NEIGHBORHOOD MEETING. UM, WE DID GET SOME FEEDBACK. THANK YOU VERY MUCH. ONE OF THE THINGS THAT YOU MENTIONED THAT WE SPECIFICALLY INCORPORATED WAS OUR DRIVEWAY, UH, JUST NORTH OF THE FUELING STATION, WAS OFFSET TO THE NORTH A LITTLE BIT, AND IT WAS SUGGESTED WE MAKE THAT A A, A STRAIGHT SHOT PARALLEL WITH 77. SO THANK YOU VERY MUCH. C COUNCILMAN SMITH, AS WELL AS THE ENHANCED LANDSCAPING. AND THEN WE INCREASE THE HIGH TO THE, UH, MASONRY WALL AT THE BACK. UM, [01:10:01] AND AGAIN, AS FAR AS THE, THE, UH, ELEVATIONS GO, NOT OUR STANDARD ELEVATION, BUT WE AGREED TO GO AHEAD AND CONFORM TO YOUR, UH, ARTICULATION STANDARD. SO WE, UH, WE'RE REALLY EXCITED TO BE HERE. I'D LIKE TO THANK AGAIN, THE STAFF FOR HELPING US THROUGH THIS PROCESS. AND WE'RE HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. UM, THE OTHER GENTLEMAN MENTIONED THAT THIS IS THE, THIS WILL BE THE FIRST STORE IN TEXAS. IT'LL BE ONE OF THE FIRST STORES I KNOW WE'RE WORKING ON A COUPLE OTHER SITES. YES, MA'AM. UH, IT, ARE THERE ANY OTHER SITES IN TEXAS THAT Y'ALL ARE LOOKING AT CURRENTLY? A BUILDING, WELL, I'LL DEFER TO, TO MARK. YES. UH, WE RECEIVED PNZ AND CITY COUNCIL APPROVAL, UM, IN GRAND PRAIRIE IN, UH, PHONY. UM, WE'VE ALSO MADE APPLICATION IN, UH, WORKING THROUGH, IN, UH, FORT WORTH AS WELL. OKAY. AND WE HAVE AN APPLICATION, UM, THAT HAS NOT BEEN APPROVED YET. WE WERE ACTUALLY BEFORE CITY COUNCIL TOMORROW NIGHT. AND ALLEN, AND AS I UNDERSTAND IT, AT PNZ, DIDN'T YOU SAY YOU WERE GONNA TRY TO OPEN 'EM ALL ABOUT THE SAME TIME? YES. WE DON'T WANT TO JUST OPEN ONE CLUB IN TEXAS. WE'LL, OUR GOAL IS TO OPEN AT LEAST THREE AT THE SAME TIME. CORRECT. AND THIS WILL BE ONE OF THOSE THREE. I I HAVE A QUESTION FOR JENNIFER. HOW MUCH IS, HOW MUCH OF THE HEDGEWOOD DRIVE MEDIAN IS GONNA BE TAKEN OUT FOR A DECELERATION LANE OR A TURN LANE? I DON'T HAVE THAT INFORMATION FOR YOU. UM, MAYBE THE, THE APPLICANT'S TEAM MIGHT HAVE THAT INFORMATION. I'M CALEB JONES WITH, UH, KIMLEY HORNE, UH, CIVIL ENGINEER. UM, SO WE'RE, WE'RE JUST MATCHING, MATCHING THE OPENING. UM, THAT'S ON THE OTHER SIDE OF THE STREET, SO WE'RE NOT ACTUALLY PULLING THAT BACK ANY FURTHER. SO YOU'RE NOT GONNA TAKE ANY OF THE MEDIAN OUT THAT'S CURRENT. SO THE, THE MEDIAN THAT'S ON THE, THE LEFT HAND SIDE, NO, BUT THE MEDIAN THAT'S GONNA LINE UP WITH THE BACK OF THE BUILDING. YES. SO THAT'LL BE OPEN TO MATCH THE 30 FOOT WIDTH OF THE DRIVE AISLE BEHIND THE BUILDING. I GUESS WHAT I'M GETTING AT, WHEN YOU'RE DRIVING DOWN HEDGEWOOD, NOW THAT MEDIAN'S JUST STRAIGHT ALL THE WAY ALONG. IS IT NOT THE MIDDLE MEDIAN, THE MIDDLE MEDIANS OR THE OTHER MEDIAN? WOULD THERE BE TWO? THAT'S WHAT I'M SAYING. SO TO TURN IN TO YOUR PLACE, YOU'RE GONNA HAVE WHERE YOU CAN PULL UP INTO THAT LANE TO TURN LEFT. IS THAT NOT CORRECT? YES, SIR. SO YOU'RE GONNA TAKE PART OF THE MEDIAN TO BE ABLE TO GO IN THERE AND TURN LEFT ON THE, ON THE RIGHT HAND SIDE. RIGHT, I UNDERSTAND THAT, BUT I'M JUST LOOKING AT THE DISTANCE. THE REASON I'M, THE POINT I'M TRYING TO GET TO IS WHEN THEY DID TOM THUMB, THEY TOOK PART OF THE MEDIAN SO YOU CAN GET IN THE DIFFERENT THINGS. AND NOW THAT'S THERE. AND WE HAVE A HOMEOWNERS ASSOCIATION AND ALL THOSE PEOPLE THAT LIVE BACK THERE AND THAT MEDIAN, THEY'RE RESPONSIBLE FOR IT AND THEY'RE RESPONSIBLE FOR THE WATER BILL, FOR THE SPRINKLER SYSTEMS AND EVERYTHING ELSE THERE. AND WHEN THEY BUILT THE FRONT ONE, APPARENTLY THE WATER USAGE WENT OUT OF THE THING 'CAUSE IT GOT BUSTED AND IT RAN AND IT DID EVERYTHING ELSE. AND AT ONE TIME, THAT WAS JUST A DRIVE THAT WENT TO THAT NEIGHBORHOOD. NOW IT'S A DRIVE BETWEEN A BUNCH OF BUILDINGS AND A BUNCH OF BUSINESSES. IT'S REALLY NOT AN ENTRANCE TO THAT NEIGHBORHOOD WHERE THEY'RE PAYING FOR THE WATER BILL TO GO TO THAT. AND IT'S JUST MY OPINION THAT EITHER THE CITY SHOULD TAKE OVER THE WATER BILL FOR THAT LITTLE BIT, OR THE DEVELOPERS ON EITHER SIDE SHOULD TAKE CARE OF IT, NOT THOSE, NOT THE CITIZENS THAT LIVE IN THAT NEIGHBORHOOD BEHIND IT. AND THAT'S WHY I WAS ASKING HOW MUCH IS GONNA GET TAKEN OUT, BECAUSE I'M SURE THERE WAS MORE LANDSCAPING UP IN THAT, IN THAT MEDIAN ORIGINALLY. WAS IT NOT? WAS IT JUST A, WAS THERE NEW TREES OR ANYTHING ELSE IN THERE? SO COUNCILMAN WRIGHT? THERE WAS, BUT IT'S MY UNDERSTANDING BASED ON THIS, THOSE FOUR TREES YOU SEE ACTUALLY AREN'T THERE. THAT'S JUST, 'CAUSE THAT'S, THAT'S ON LIKE, LIKE OF THE GOOGLE EARTH. SOMEBODY, CORRECT ME IF I'M WRONG, BUT THERE WON'T BE ANY ROOM FOR ANY LANDSCAPING ON THE MEDIAN FROM 77 UNTIL THEY GET TO THE NEIGHBORHOOD NOW. CORRECT. IS THERE GONNA BE ANY GRASS UP THERE ON THAT? I DON'T, THERE'S ANY ROOM. THERE WILL BE GRASS. I DON'T KNOW IF YOU CAN SEE THAT A LITTLE BIT MORE, BUT IF NOT, THAT'S OKAY. UM, CURRENTLY THERE'S GRASS YOU CAN SEE, BUT YOU KNOW, WE'RE INSTALLING A TURN LANE, A DESAL LANE TO GET IN TO MAKE A LEFT HAND TURN BEHIND THE BUILDING. SO YES, A PORTION OF THAT LANDSCAPE AREA WILL BE ELIMINATED FOR THE TURN LANE. RIGHT. CAN WE JUST GO AHEAD AND JUST BREAK THAT AND CALL TODAY? THERE'S NOT ENOUGH GRASS THERE, THERE, THERE WON'T BE ENOUGH. THAT'S MY GRASS THERE, THERE SHOULDN'T BE ANYTHING THERE TO MAINTAIN. AND THEN WHEN YOU HAVE THE VEHICLES THAT ARE SITTING THERE AND THEY'RE WAITING TO TURN LEFT AND THEY'RE SITTING AT AN IDLE, THE EXHAUST IS GONNA KILL THE GRASS ANYWAY. SO JUST BREAK IT. I MEAN, THAT'S MY POINT. THERE'S, THERE'S [01:15:01] NO NEED TO HAVE SPRINKLER SYSTEMS AND EVERYTHING ELSE RUNNING UP AND DOWN THAT STREET TO THAT POINT ANYMORE. AT ONE TIME THERE WAS TO MAKE IT LOOK NICE TO THE NEIGHBORHOOD, BUT NOW THERE'S NO REASON THAT HOA AND THE PEOPLE THAT LIVE BACK THERE SHOULD BE PAYING FOR THAT FOR THE BUSINESSES ON BOTH SIDES. BUT THAT'S WHY I JUST WANNA KNOW HOW MUCH OF THE DESER OR THAT LANE WOULD TAKE OUT OF THAT MEDIA WHEN IT WENT IN THERE. THANK YOU. YES SIR. THANK YOU. YES, SIR. THAT'LL BE SOMETHING WE HAVE TO ADDRESS TOTALLY SEPARATELY, SO UNDERSTOOD. ANYBODY ELSE HAVE ANY QUESTIONS? UH, SOMEBODY FROM THE DEVELOPMENT TEAM? I JUST WANNA ASK THE QUESTION JUST SO IT'S, IT'S ASKED. UM, I NOW LIVE BEHIND A GROCERY STORE, UM, BY CHOICE. UH, IT'S OLDER AND THE REFRIGERATION UNITS ARE QUITE LOUD. UM, AGAIN, I CHOSE THERE SO I'M FINE WITH IT. BUT FOR THOSE NEIGHBORS THAT ARE HERE, I THINK IT'S A TOTAL OF LIKE 200 AND WHATEVER MY MOUTH WAS 200, LIKE 16 FEET FROM THE BACK FENCE TO THE STORE. UM, MY HOUSE IS 264 FEET FROM MY BACK DOOR TO THE STORE. SO I HEAR THAT NOISE. SO IS THERE ANYBODY THAT CAN SPEAK TO THE, THE NOISE THAT MIGHT BE PUT OFF OR NOT PUT OFF BY THE ROOFTOP UNITS? UM, I DON'T HAVE ANY PARTICULAR INFORMATION ON THE, ON THE, THE SOUND, BUT WE ARE ATTENUATING OUR SOUND BY, YOU KNOW, AS WE MENTIONED, PUTTING IN THE LANDSCAPING AND WE'RE PUTTING IN A, UH, SOLID MASONRY WALL THAT'S A, UM, EIGHT FEET BEHIND THE BUILDING AND IT RAISES UP TO 10 FEET AS WE GET BEHIND THE LOADING DOCK TO SCREEN FROM SOUND AND, AND, UM, LIGHT, UH, FROM THE NEIGHBORS. UH, WE ALSO HAVE ABOUT TWO OVER 200 FEET OF DISTANCE BE BETWEEN, UM, THE NEIGHBOR'S PROPERTY LINES TO OUR, UM, TO OUR CLUB. SO, UM, BUT THE, BUT THE, THE EQUIPMENT IS UP ON THE ROOF IN THE CENTER OF THE ROOF. UM, AND SO WE, WE BELIEVE THAT THIS WILL ATTENUATE THE SOUND. HAVING THE WALL AND LANDSCAPING THE WALL AND LANDSCAPING WILL BE SIGNIFICANTLY LOWER THAN WHERE THE ROOFTOP UNITS ARE. SO ARE WE DOING ANY SCREENING ON THE ROOF TO HELP PREVENT WITH THAT NOISE? YES. THERE, THERE WILL NOT, YOU WILL NOT BE ABLE TO SEE THE UNITS. WE WILL BE SCREENING THE UNITS, UM, FROM VISUAL FROM ALL SIDES OF THE BUILDING. OKAY. A THANK YOU. OKAY. THIS IS STILL A PUBLIC HEARING. ANYONE WANNA SPEAK ON THIS ITEM? PLEASE COME TO THE PODIUM. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. ITEM [22. Consider proposed Ordinance approving ZDC-165-2024] 22, CONSIDER PROPOSED ORDINANCE APPROVING ZDC 1 65 DASH 2024. COUNSEL MADAM MAYOR, I MOVE TO APPROVE ZDC 1 65 20 24. A ZONING CHANGE OF REQUEST FOR GENERAL RETAIL ZONING DISTRICT TO PLAN DEVELOPMENT GENERAL RETAIL ZONING DISTRICT SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY. WE HAVE A MOTION TO APPROVE. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM 23, [23. Consider Development Agreement for ZDC-165-2024] CONSIDER DEVELOPMENT AGREEMENT FOR ZDC 1 65 20 24. MAYOR, MAYOR, I MOVE TO APPROVE THE DEVELOPMENT AGREEMENT FOR ZDC 1 65 20 24. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU. COUNSEL, DID WE NEED TO INCLUDE THE LANDSCAPING IN THERE? THE REMOVAL OF THE LANDSCAPING AND THE MOTION? I MEAN, IT'S A LITTLE LATE NOW, BUT I WOULD ASSUME THAT WAS SOMETHING THAT WE'D HAVE TO TALK TO MICHAEL AND THE CITY ABOUT WHAT WE'RE GONNA DO WITH THAT. 'CAUSE THE CURRENT AGREEMENT THAT THAT LAND DOESN'T ACTUALLY BELONG TO EITHER ONE OF THE PEOPLE ON EITHER SIDE. SO YEAH, WE'LL JUST HAVE TO SEE HOW MUCH GRASS IS LEFT AND EVERYTHING. IT'S OUR RIGHT. THANK, THANK YOU VERY MUCH. THANK Y'ALL. ALRIGHT, [24. Second reading of proposed Ordinance approving the Gateway Pipeline Company, LLC Franchise Agreement] ITEM 24. UM, NEVER BEEN IN ONE SECOND READING OF PROPOSED ORDINANCE APPROVING THE GATEWAY PIPELINE COMPANY LLC FRANCHISE AGREEMENT. DALE. GOOD EVENING MAYOR AND GOOD EVENING COUNSEL. AS YOU KNOW, CITY CHARTER REQUIRES TWO PUBLIC READINGS WHEN, UH, LOOKING AT MODIFYING, CREATING, OR RENEWING, UH, FRANCHISE AGREEMENTS. SO WE READ THE FIRST ONE BACK ON NOVEMBER 4TH, AND NOW WE'RE HERE THIS EVENING TO DO THE SECOND ONE. OKAY. SO OTHER THAN THE READING IS THAT, THAT ALL WE, AND THEN AFTER WE DO IT, WE'LL CONSIDER THE ACTUAL, UH, INTAKE ACTION [01:20:01] ON THE AGREEMENT ITSELF. OKAY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WAXAHATCHEE GRANTING TWO GATEWAY PIPELINE COMPANY LLCA FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF WAXAHATCHEE, ELLIS COUNTY, TEXAS, FOR THE TRANSPORT DELIVERY CELL AND DISTRIBUTION OF GAS IN, OUT OF AND THROUGH THE CITY FOR ALL PURPOSES, PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR THE USE OF THE CITY'S STREETS, ALLEYS AND PUBLIC RIGHT-OF-WAYS REQUIRING COMPLIANCE WITH ALL REGULATORY ORDINANCES OF THE CITY AND PROVIDING FOR OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. AND THEN FOR 25, IS THAT YES, YOUR HONOR. OKAY. ITEM 25 [25. Consider proposed Ordinance approving Gateway Franchise Agreement] IS TO CONSIDER PROPOSED ORDINANCE APPROVING GATEWAY FRANCHISE AGREEMENT. COUNSEL, I MOVE TO APPROVE THE RENEWAL OF THE FRANCHISE UTILITY AGREEMENT ORDINANCE WITH GATEWAY PIPELINE COMPANY LLC. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM [26. Consider award of annual contract for mobile devices] 26 IS TO CONSIDER AWARD OF ANNUAL CONTRACT FOR MOBILE DEVICES. CHAD. ALL RIGHT, THANK YOU MAYOR. AND GOOD EVENING MAYOR AND COUNCIL, CHAD TUS AND FINANCE DIRECTOR. UM, SO IT'S MY PLEASURE TO BRING FORWARD THIS ITEM TO YOU THIS EVENING. THIS IS, UM, SEEKING APPROVAL FOR THE COUNCIL TO AWARD A CONTRACT FOR MOBILE DEVICES AND SERVICES. THIS IS A DEPARTMENT OF INFORMATION RESOURCES, UH, CONTRACT, DIR CONTRACT WITH THE STATE. UM, IT IS WITH VERIZON WIRELESS. UM, THIS IS, UM, UH, THE CITY USES, UM, CELL SERVICES EXTENSIVELY THROUGHOUT THE CITY. UM, MOST OF THIS IS GONNA BE WITH OUR FRONTLINE EMPLOYEES. OUR PUBLIC SAFETY USES THEM IN THEIR VEHICLES AS WELL AS, UH, ON PERSON, UM, OUR CODE ENFORCEMENT ANIMAL CONTROL, PUBLIC WORKS AND, AND, UH, AND PARKS EMPLOYEES AS WELL. UM, SO THIS IS THE CULMINATION OF, UH, MANY MONTHS, UH, OF WORK BY OUR PURCHASING AND FINANCE TEAM, AS WELL AS A COMPREHENSIVE COMMITTEE INVOLVING HUMAN RESOURCES, INFORMATION TECHNOLOGY, THE POLICE DEPARTMENT AND OTHERS. SO WE REALLY STARTED THIS PROCESS IN THE SUMMER. UM, WE BEGAN LOOKING FOR WAYS TO IMPROVE THE CITY'S ABILITY TO MANAGE OUR MOBILE DEVICES, UM, AND CELL SERVICES, UH, MANAGE BETTER MANAGE OUR BILLING. UM, AND WE IDENTIFIED VERIZON AS THE POTENTIAL VENDOR. IN SEPTEMBER, VERIZON PROVIDED CELL PHONE AND HOTSPOT DEVICES TO TEST THROUGHOUT THE CITY. WE ALSO HAD SOME DEVICES, UM, THAT WENT, UH, HOME WITH SOME CITY EMPLOYEES THAT LIVED OUTSIDE CITY LIMITS TO TEST THOSE AS WELL. AND WE FOUND THAT VERIZON OFFERED, UM, UH, UH, ADEQUATE AND MORE THAN ADEQUATE COVERAGE, UM, FOR, UM, FOR OUR SERVICES. UH, IN OCTOBER, VERIZON UH, MET WITH THE COMMITTEE. UH, WE ALSO BROUGHT IN THE FIRE DEPARTMENT AND EMERGENCY MANAGEMENT TO ANSWER QUESTIONS TO MAKE SURE THAT, UM, THAT WE WOULD BE ABLE TO CONTINUE TO PROVIDE THE SERVICE WE DO. AND THE DEPARTMENTS ALL INVOLVED, AS YOU CAN TELL, CITYWIDE ALL SUPPORT THIS, UH, RECOMMENDATION. UH, I'LL JUST BRIEFLY MENTION SOME OF THE BENEFITS OF GOING OF USING THIS CONTRACT. UM, WILL HAVE A DEDICATED SALES REPRESENTATIVE FOR US. THEY HAVE BEEN VERY INVOLVED THROUGH THE PROCESS AND, UM, AND IT'S BEEN VERY HELPFUL TO US. UM, ALSO WE'LL FIND EFFICIENCY THROUGH CUSTOMIZED BILLING BY DEPARTMENT. PRIOR TO, UM, THIS, WE WERE GETTING BILLS THAT WERE HARD TO, UM, NOT RECONCILE, BUT IT'S JUST HARD TO MANAGE. UM, AND BEING ABLE TO HAVE THIS CUS VERIZON WORKING WITH OUR DEPARTMENTS, OUR UNITS AND, AND CUSTOMIZING THAT BILLING WOULD BE VERY HELPFUL. WE'LL HAVE, UH, WEBSITE ACCESS AND CONTROL PRIOR TO THIS CONTRACT. WE HAVE BEEN MANAGING WHENEVER WE WANT TO ACTIVATE OR DEACTIVATE A LINE, UM, OR ORDERS SOMETHING THAT WE USUALLY SEND AN EMAIL. THERE'S A LOT OF BACK AND FORTH. UM, AND THIS CONTRACT ALLOWS US TO HAVE WEB ACCESS ON VERIZON'S SITE TO BE ABLE TO OURSELVES GO IN AND ACTIVATE AND DEACTIVATE LINES AND MOVE, MOVE THOSE LINES. I'LL ALSO HAVE, UH, BE ABLE TO, UH, MANAGE THE APPS THAT ARE PUT ON, UH, THE CITY DEVICES AND, AND, UH, WE'LL ALSO BE, OF COURSE IN COMPLIANCE WITH OUR PURCHASING LAWS. AND THEN OF COURSE MY FAVORITE, UH, WE WILL REALIZE SIGNIFICANT COST SAVINGS MOVING WITH VERIZON, WELL, IT'S ABOUT $70,000. UM, AND, UH, 20,000 OF THAT WILL BE RECURRING SAVINGS. THAT'S GONNA BE THROUGH REBATES AS WELL AS JUST, UH, MONTHLY COST SAVINGS AS WELL. SO WE'RE REALLY EXCITED [01:25:01] ABOUT THIS CONTRACT. UH, AGAIN, I JUST WANNA THANK, UM, THE ENTIRE CITY ORGANIZATION, THE COMMITTEE, AND ALL THOSE THAT WORKED ON THIS PROJECT AND WERE EXCITED TO MOVE FORWARD. I'M AVAILABLE IF FOR ANY QUESTIONS. WHO WERE WE USING BEFORE? UM, IT WAS KIND OF A MISMATCH. WE'RE USING AT AND T. UM, WE DO HAVE SOME DEPARTMENTS THAT ARE CURRENTLY ON VERIZON. I BELIEVE THE POLICE DEPARTMENT USES VERIZON AS WELL AS, UH, UTILITIES. SO THIS WAS KIND OF CONSOLIDATED ALL INTO ONE. ANY SIGNIFICANT UPFRONT COST, HAVING TO BUY NEW PHONES AND NO HOTPOT OR ANYTHING ELSE? WE'LL, WE WILL GET A, WE'LL GET ABOUT A $400 REBATE PER PHONE. THE PHONES ARE FREE. UM, YOU KNOW, WE'LL ENTER INTO THE CONTRACT, WE'LL GET THE PHONE FOR FREE, AND THEN WE'LL HAVE A $400 CREDIT ON EACH LINE. AND SO THAT COMES OUT TO ABOUT $50,000 A YEAR JUST ON THE, UM, ON THE REBATE. AND THEN THE MONTHLY A, UM, YOU KNOW, AS IT AS IT IS CURRENTLY AND TWO B, IT'S ABOUT A $20,000 ANNUAL SAVINGS. ANYBODY ELSE? THANK YOU. THANKS COUNSEL. I MOVE TO AWARD A CONTRACT FOR CITY MOBILE DEVICES AND SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU. ITEM [27. Consider 2022 Water and Sanitary Sewer Replacement Change Order No.1] 27, CONSIDER 2022. WATER AND SANITARY SEWER REPLACEMENT CHANGE ORDER NUMBER ONE, KUMAR. UH, GOOD EVENING, MADAM MAYOR. UH, GOOD EVENING COUNCIL. UM, KUMAR GALI, SENIOR DIRECTOR OF UTILITIES. UM, WE ARE REQUESTING APPROVAL OF CHANGE ORDER ONE, UH, TO 2022. WATER AND SEWER, UH, REPLACEMENT CONSTRUCTION, CURRENT CONSTRUCTION PROJECT, UH, TO DAY SERVICES IN THE AMOUNT OF $146,374 TO INSTALL A FOUR INCH WATER MAIN ON GARDNER STREET. UH, CURRENTLY GARDNER STREET, UH, IS SERVED BY A PORTION OF GARDNER STREET, IS SERVED BY ONE INCH WATER MAIN AND A PORTION OF THE GARDNER STREET DOESN'T HAVE ANY ADEQUATE WATER SERVICE OR ANY FIRE PROTECTION. WITH THIS, UM, NEW FOUR INCH WATER MAIN, UH, WOULD BE ABLE TO PROVIDE BETTER WATER SERVICES AND FIRE PROTECTION THROUGH THE ENTIRE GARDNER STREET. AND THIS CHANGE ORDER, UH, IS, UH, SUPPORTED BY THE WATER FUND. WE'LL BE HAPPY TO ANSWER ANY QUESTIONS. COUNSEL, IF THERE ARE NO QUESTIONS, ENTERTAIN A MOTION I MOVE TO APPROVE THE 2022 WATER AND SANITARY SEWER REPLACEMENT PROJECT CHANGE ORDER NUMBER ONE WITH DAY SERVICES LLC FOR THE INSTALLATION OF A NEW WATER MAIN ON GARDNER STREET AND THE AMOUNT OF 146,374 TO BE FUNDED FROM THE WATER FUND AND AUTHORIZED THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS. DO WE HAVE A SECOND? SECOND. ALL IN FAVOR? RAISE YOUR RIGHT HAND. MOTION CARRIES UNANIMOUSLY. THANK YOU COUNSEL. ALRIGHT, [28. Comments by Mayor, City Council, City Attorney and City Manager] THAT BRINGS US TO, UH, COMMENTS BY THE MAYOR, CITY COUNCIL, CITY ATTORNEY AND CITY MANAGER. STARTING TO MY LEFT THIS TIME. ALBERT, DO YOU HAVE ANYTHING? YES, I JUST WANTED TO THANK THE CITY STAFF AND THE VOLUNTEERS AND EVERYBODY THAT MADE THE, THE PARADE, THE CHRISTMAS PARADE, SUCH A SUCCESS. AND THEN THEY HAD THE SANTA RUN, UH, THIS PAST SATURDAY AS WELL. SO THOSE ALWAYS GO OFF WELL AND, AND DO A GREAT JOB. OUR OUR STAFF IS SO IN TUNE WITH EACH OTHER AND JUST WORK TOGETHER SO WELL TO MAKE SURE THINGS GO, GO. GREAT. AND THEN, YOU KNOW, OBVIOUSLY I ATTENDED THE AFTER ACTION REVIEW MEETING AND WE'RE ALWAYS CRITICAL UPON OURSELVES AT HOW TO DO THINGS BETTER. BUT FOR THE CITY OR FOR THE CITIZENS AND THOSE THAT DON'T KNOW ANY BETTER, IT GOES OFF GREAT AND WONDERFUL, BUT WE'RE ALWAYS TRYING TO FINE TUNE THINGS AND MAKE THINGS BETTER. BUT, UH, REALLY APPRECIATE EVERYTHING THEY'VE DONE. THANK YOU, ALBERT. COUNCILMAN SMITH, MAD MAYOR. YEAH, UH, EVERYTHING THAT ALBERT JUST SAID, AND THEN SOME, I MEAN, I EVEN SAW JAMES OUT THERE PICKING UP FENCE WHEN, UH, THE PARADE WAS, UH, DONE. UM, IT WAS, IT WAS ALL HANDS ON DECK. UM, CHIEF YOUR GUYS DID A GREAT JOB OF SOME, UH, CROWD CONTROL THERE, UM, WITH A FEW LITTLE SPOTS, BUT, UM, THEY DID IT WELL AND, UM, THEY DIFFUSED TWO SITUATIONS THAT COULD'VE COULD OUT OF HAND. UM, SO TO THOSE THREE OFFICERS, UM, A HUGE THANK YOU. UH, [01:30:01] AND THEN WE, I MEAN THAT. AND THEN WE HAVE BETHLEHEM REVISITED, LORI AND HER TEAM WERE OUT THERE IN THE RAIN, UM, WELCOMING EVERYONE THAT THAT COULD SHOW UP, UM, TO THE, UH, BIRTH OF JESUS CHRIST. UM, WHICH IS ALWAYS FUN. UM, AND THEN ALL OF THE VOLUNTEERS THAT WE HAD, UM, THAT WELCOMED, I BELIEVE IT WAS JUST OVER 2000 VISITORS TO THE CANDLELIGHT TOUR OF HOMES. UM, THANK YOU FOR THAT TOO. 'CAUSE THAT, THAT JUST HELPS TO CELEBRATE WHAT MAKES WAXAHATCHEE SO SPECIAL. THANK YOU, COUNCILMAN ATKINS. I'D JUST LIKE TO, UH, THANK PASTOR BRUCE AGAIN FOR, FOR BEING OUR HONORARY COUNCIL MEMBER AND, UH, FOR ALL YOU DO IN THE COMMUNITY. THANK YOU. AND, UH, TERRY, JUST WANNA WISH EVERYBODY A VERY MERRY CHRISTMAS. I APPRECIATE Y'ALL AND I KNOW YOU'RE ALL CHEERING WITH ME FOR THE LONGHORNS IN THE PLAYOFFS THIS YEAR. COUNCILMAN SUITOR. CAN WE CENSOR TERRY? IT'S OUTTA ORDER . UM, THIS IS OUR LAST COUNCIL MEETING BEFORE CHRISTMAS, SO I JUST WANT TO THANK EVERYBODY OR GIVE, UH, WISHES OF, UH, VERY MERRY CHRISTMAS TO THOSE THAT ARE IN OUR CITY AND, UH, EVEN THOSE THAT COME TO VISIT. UM, THINK OF YOUR FELLOW MAN, TAKE INTO ACCOUNT WHAT CHRISTMAS IS, IS ABOUT AND CELEBRATE IT, UM, THE WAY IT SHOULD BE CELEBRATED. THAT'S IT. THANK YOU MAYOR PRO TIM WRIGHT. A COUPLE THINGS. FIRST, TO FOLLOW UP ON WHAT, WHAT WAS SAID BY ALBERT ABOUT THE CLEANUP THAT NIGHT OF THE PARADE. I HAPPENED TO BE SITTING AT THE APARTMENT COMPLEX ON MAINE AND THE PARADE WAS OVER AND IT WAS DARK. IT WAS 9 30, 10 O'CLOCK AT NIGHT AND THERE WERE TWO STREET SWEEPERS GOING UP AND DOWN THE STREET, CLEANING UP ALREADY. THAT'S HOW COME THE CITY'S SO CLEAN THE NEXT DAY AFTER THAT. I'M ALWAYS AMAZED HOW THEY GET IT CLEAN SO QUICKLY AFTER ALL THOSE PEOPLE ARE UP AND DOWN THE STREET. DIDN'T USED TO BE THAT WAY, BUT THANK, THANKS EVERYBODY THAT TOOK CARE OF THAT. UM, SECOND THING, AND I'LL MAKE THIS REALLY QUICK 'CAUSE I DON'T WANNA GO INTO THE WHOLE STORY, BUT IF YOU'RE NOT AWARE OF IT, GO DOWN TO FRIEDMAN'S PARK AND WE'VE GOT A NEW HISTORICAL MARKER HERE IN TOWN FOR HUMAN SWEAT WHO WAS A SLAVE IN, IN WAXAHATCHEE AND HIS WIFE WAS ENSLAVED AND WAXAHATCHEE AS WELL. AND ONCE THEY GOT MARRIED AND WERE FREED, THEY BOUGHT A HOUSE. THEY LIVED HERE. THEY, THEY HAD FOUR KIDS, THEY DID MOVE OFF. BUT ONE OF THOSE FOUR KIDS WENT TO HOUSTON AND DECIDED HE WANTED TO GO TO LAW SCHOOL AT THE UNIVERSITY OF TEXAS AND WAS DENIED BECAUSE HE WAS BLACK. AND THAT WAS THE BASIS OF BROWN VERSUS THE BOARD OF EDUCATION. AND THAT ALL STARTED WITH SOMEBODY FROM WAXAHATCHEE. AND SO IT'S, IT'S AN INTERESTING SIGN TO SEE AND IT'S DOWN THERE IN FRIEDMAN'S PARK. THE STATE PUT UP A HISTORICAL MARKER AND I REALLY THOUGHT THAT WAS GREAT. AND IF YOU GET DOWN AT THE UNIVERSITY OF TEXAS, AND TERRY CAN TELL YOU THEY'VE GOT LITTLE CAMPUSES NAMED AFTER THE SWEAT FAMILY NOW, AND THE LAW SCHOOL HAS SCHOLARSHIPS UNDER THE SWEAT NAME TO GO TO THE LAW SCHOOL. SO IT'S JUST A VERY GOOD THING. UM, AND THEN LAST, I'D JUST LIKE TO, TO UM, SAY I REALLY APPRECIATE YOU BEING HERE. THE LOSS OF YOUR MOM. YOU DIDN'T NEED TO BE HERE. YOU'RE WELCOME. UM, I JUST WANT TO, UM, FIRST SAY TO YOU, UH, PASTOR BRUCE, THANK YOU, WELL DESERVED, UM, GOSH, YOU'VE DONE A LOT FOR THIS COMMUNITY, UH, FOR FOR MANY YEARS. AND, UH, WE APPRECIATE YOU, YOUR WORK, UM, WHAT YOU DO WITH THE FIRE DEPARTMENT AND ANYBODY ELSE THAT WILL LEND AN EAR. SO THANK YOU SO MUCH FOR THAT. UH, ALSO JUST WANT TO SAY, UM, WHAT A GREAT JOB TO ALL THE CITY, UH, EMPLOYEES, UH, FOR THE, THE, UH, PARADE AS WELL. UH, EVERYBODY THAT WAS THERE AND IT WAS PROBABLY ALL OF US SEEN EVERY DEPARTMENT IN ACTION DOING A GREAT, GREAT JOB. AND, UH, WE APPRECIATE THAT. AND UM, AGAIN, UM, IT IS THE END OF THE YEAR. I FEEL LIKE WE'VE HAD A A, A GOOD YEAR AND UM, AGAIN, JUST SO PROUD OF UH, EVERY CITY EMPLOYEE, UH, FROM THE TOP TO THE BOTTOM AND THE BOTTOM TO THE TOP. AND UM, THANKS FOR ALL THE LOVE, UM, TODAY, , WE'LL TRY NOT TO GET EMOTIONAL. UM, UM, BUT I DID LOSE MY MOM YESTERDAY AND UH, BUT I DIDN'T WANNA MISS TONIGHT 'CAUSE I AM DEDICATED TO THE CITY. SO THANK YOU SO MUCH. AND THAT'S ALL I HAVE. [01:35:01] WE'LL ADJOURN. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.