[1. Call to Order]
[00:00:04]
THANK YOU FOR BEING HERE THIS EVENING.
I APOLOGIZE, WE'RE GETTING STARTED A LITTLE BIT LATE, FINISHING UP A ANOTHER MEETING.
UM, WHETHER YOU HAVE, UM, A, UH, AN AGENDA ITEM OR NOT, THANK YOU FOR BEING HERE.
AND THANK YOU FOR CARING ABOUT OUR WONDERFUL CITY OF WAXAHATCHEE.
AND, UH, WITH THAT, UH, WE WILL DO THE INVOCATION IF YOU WOULD STAND, PLEASE.
DEAR HEAVENLY FATHER, WE ASK FOR YOUR WISDOM AS WE BEGIN THIS MEETING TONIGHT.
WE ACKNOWLEDGE THAT WE NEED YOUR WISDOM AND INSIGHTS AND GUIDANCE AS WE WELCOME YOUR PRESENCE AMONG US.
GUIDE US IN OUR DISCUSSIONS AND DECISIONS IN HELPING TO SEEK WHAT IS BEST FOR OUR COMMUNITY.
FATHER, WE ASK THAT YOU CONTINUE TO WATCH OVER AND PROTECT OUR POLICE OFFICERS, FIREFIGHTERS, AND FIRST RESPONDERS.
THANK YOU FOR BEING WITH US ALWAYS.
AND JESUS CHRIST'S NAME WE PRAY.
IF YOU WOULD CONTINUE STANDING FOR THE PLEDGE PLEDGE ALLEGIANCE TO FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC STAND ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY, JUSTICE, HONOR THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
[4. Public Comments]
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 HAVE PUBLIC COMMENTS, PLEASE COME TO THE PODIUM.
GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY PLEASE.
SEEING NONE WILL CLOSE THE PUBLIC COMMENTS.
[5. Consent Agenda]
IS THE CONSENT AGENDA.ALL MATTERS LISTED UNDER ITEM FIVE OF THE CONSENT AGENDA.
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 MADAM MAYOR, I MOVE TO APPROVE ALL ITEMS ON THE CONSENT AGENDA IS PRESENTED AND AUTHORIZED THE CITY MANAGER AND OR MAYOR TO EXE EXECUTE ALL ASSOCIATED DOCUMENTS NECESSARY.
ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.
[7. Present Keep Waxahachie Beautiful Committee Pride in Neighborhood (PIN) Award]
NEXT ITEM IS PRESENT.KEEP WAXAHATCHEE BEAUTIFUL COMMITTEE PRIDE IN NEIGHBORHOOD AWARD.
UM, AT THE APRIL 3RD, KE WALKS HAD A BEAUTIFUL MEETING.
UH, THE COMMITTEE, UH, RECEIVED A NOMINATION FOR, UH, 2 73 ATLAS DRIVE.
AND HERE YOU HAVE THAT PICTURE WITH THE MARTINEZ FAMILY.
AND THEY MET ALL THE CRITERIA FOR THE PENN AWARD AND THE COMMITTEE VOTED TO RECOGNIZE THE, UH, MARTINEZ FAMILY FOR THEIR EFFORTS AND, UH, TAKING PRIDE IN THEIR NEIGHBORHOOD.
SO TONIGHT I HAVE A CERTIFICATE FOR THEM.
UH, ALONG WITH THE CERTIFICATE.
THEY GET A, UH, GIFT CARD TO HOME DEPOT, UH, AND THEY GET A YARD SIGN PLACED IN FRONT OF THE YARD FOR THE REMAINDER OF THE MONTH.
HOW OFTEN DO WE DO THIS, KYLE? UM, WE'RE, WE'RE KIND OF WORKING OUT THE DETAILS ON THAT RIGHT NOW.
RIGHT NOW WE'RE, UM, WE WERE DOING IT QUARTERLY, NOW WE'RE DOING IT
[00:05:01]
EVERY TWO MONTHS.AND WE'VE GOT THE CERTIFICATE AND GIFT CARD WE'D LIKE TO PRESENT TODAY.
WE ALL GOING? YEAH, I THINK SO.
THANK IT'S NICE TO RECOGNIZE, UH, PEOPLE THAT TAKE PRIDE IN THEIR YARDS AND OUR NEIGHBORHOODS.
[8. Present Tree City USA Recognition ]
NEXT PRESENT.SO THE TREE, UH, THE WA CITY OF WAXAHATCHEE HAS RECEIVED RECOGNITION FOR, UM, TREE CITY USA, UH, FROM THE ARBOR DAY FOUNDATION.
UM, TO EARN THE CITY RECOGNITION, A CITY MUST UPHOLD FOUR CORE STANDARDS, INCLUDING MAINTAINING A TREE BOARD OR DEPARTMENT, HAVING A COMMUNITY TREE ORDINANCE, AND SPENDING AT LEAST $2 PER CAPITA ON URBAN FORESTRY AND PARTICIPATE IN AN ARBOR DAY CELEBRATION.
AND WE, UM, WE WERE ACCEPTED, UH, LAST MONTH ON, UH, MARCH 10TH.
AND, UH, THEY GAVE US A PLAQUE.
UM, TWO, UH, STREET SIGNS, WHICH WILL BE PLACED.
AND THEN ON I 35, NORTH OF TOWN, HEADED SOUTH, UH, ON, UH, IN, MAYBE ON A, ON THE, UH, SUPERIOR WATER SIGN.
OR WE MAY PLACE OUR OWN, UH, POLE PER TEXT DOT.
THIS KID STANDING NEXT TO HIM.
[9. Public Hearing on a request by Steven Chambers & Cheryl Chambers for a Specific Use Permit (SUP) for an Accessory Structure exceeding seven hundred (700) square feet, use within a Single Family-3 (SF-3) zoning district located at 711 College Street (Property ID 172399) – Owner: Steven Chambers & Cheryl Chambers (ZDC-27-2025)]
NEXT WE HAVE A PUBLIC HEARING ON A REQUEST BY STEVEN CHAMBERS AND CHERYL CHAMBERS FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 700 SQUARE FEET USE WITHIN A SINGLE FAMILY.LOCATED AT SEVEN 11 COLLEGE STREET.
OWNER STEVEN CHAMBERS AND CHERYL CHAMBERS.
UH, ONCE AGAIN, THIS PROPOSED REQUEST IS FOR A SPECIFIC USE PERMIT FOR AN EXCESSIVE STRUCTURE.
THE PROPERTY IS LOCATED AT SEVEN 11 COLLEGE STREET.
UH, THIS REQUEST WAS MADE BY STEVEN AND CHERYL CHAMBERS.
UH, THE PROPOSED ZONING IS SINGLE FAMILY THREE DISTRICT.
THE PROPOSED REQUEST THAT THEY ARE, UM, PROPOSING THE ACCESS STRUCTURE WILL BE LOCATED IN THE REAR OF THE LOT.
UH, THE PROPOSED ACCESSORY STRUCTURE, UM, DOES MEET ALL OF OUR MINIMUM STANDARDS AND CODE REQUIREMENTS IN THE SF THREE ZONING DISTRICT.
UM, PER THOSE DESIGN REGULATIONS, UM, THERE IS A PORTION OF THE ACCESSORY STRUCTURES THAT THEY ARE AT.
[00:10:01]
DRIVEWAY LEADING UP TO WHERE THE PROPOSED, UH, ACCESSORY STRUCTURE WILL BE LOCATED AT.UH, THEY DO PROPOSE TO DO CONCRETE UP TO A CERTAIN POINT, BUT BE ABLE TO CONTINUE DOING GRAVEL FOR THE REMAINDER OF THE DRIVEWAY THAT HAS BEEN THERE CONSISTENTLY.
UH, SINCE THE HOUSE WAS ORIGINALLY CONSTRUCTED, UH, THE PROPOSED STRUCTURE IS 1,975 SQUARE FEET.
UH, THE PROPOSED PLANS ONCE AGAIN THAT THEY DID SUBMIT TO THE CITY, UM, TO MEET OUR DESIGN REQUIREMENTS AND, UH, REGULATION STANDARDS SUCH AS IMPERVIOUS COVER.
UH, STAFF MILL OUT 26 ZONES IS ALL PROPERTY OWNERS WITHIN 200 FEET.
CAME BACK IN FAVOR, ZERO CAME BACK IN OPPOSITION.
STAFF DOES RECOMMEND APPROVAL WHEN THIS WEEK BEFORE THE PLANNING AND ZONING COMMISSION LAST WEEK.
THEY ALSO RECOMMENDED APPROVAL OF THIS PROPOSED REQUEST.
UM, ALSO ACCEPTING STAFF'S CONDITIONS.
AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.
IF YOU WANNA SPEAK ON THIS ITEM, YOU KNOW, COME TO THE PODIUM.
I'M A REGISTERED PROFESSIONAL LAND SURVEYOR AND A LICENSED STATE LAND SURVEYOR HERE IN THE STATE OF TEXAS.
I'M THE APPLICANT AND THIS IS MR. STEVEN CHAMBERS.
HE'S THE OWNER AS, AS WAS STATED.
AND I'M JUST HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
BEFORE I SIT DOWN, LET JUST SAY, UH, IT'S, IT'S MY FIRST TIME I HAVE CARRIED AN SUP THROUGH THE CITY.
IT'S BEEN A PLEASURE TO WORK WITH THE STAFF AND ESPECIALLY I WORKED DIRECTLY WITH THE, THE PLANNING, PLANNING STAFF AND IT WAS A REAL PLEASURE TO DO THAT.
I'M, I'M LOOKING FORWARD TO DOING SOME MORE WORK IN THE CITY OF WAXAHATCHEE.
ANYONE ELSE WANNA SPEAK ON THIS ITEM? SEEING NONE WILL CLOSE THE PUBLIC HEARING.
[10. Consider proposed Ordinance approving ZDC-27-2025]
NEXT ITEM, CONSIDER PROPOSED ORDINANCE APPROVING ZDC 27 DASH 2025.COUNSEL MADAM MAYOR, I MOVE TO APPROVE ZDC 27 DASH 2025.
A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 700 SQUARE FEET, SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS.
ALL IN FAVOR, RAISE YOUR RIGHT HAND PLEASE.
[11. Public Hearing on a request by Alfredo Rojas for a Specific Use Permit (SUP) for an Accessory Dwelling Unit (ADU) use within a Single Family-2 (SF-2) zoning district located at 303 McKenzie Street (Property ID 172575) – Owner: Alfredo Rojas (ZDC-34- 2025)]
NEXT ITEM IS A PUBLIC HEARING ON A REQUEST BY ALFREDO ROJAS FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY DWELLING UNIT USE WITHIN A SINGLE FAMILY TWO ZONING DISTRICT LOCATED AT 3 0 3 MCKENZIE STREET.UH, THE PROPOSED REQUEST IS AT 3 0 3, UH, MCKENZIE STREET.
THEY'RE REQUESTING AN ACCESSORY DWELLING UNIT.
THE PROPERTY IS CURRENTLY ZONED SINGLE FAMILY TWO DISTRICT.
THE PROPERTY, ONCE AGAIN IS SURROUNDED BY SINGLE FAMILY TWO DISTRICT SURROUNDING THE PROPERTY.
UH, THIS WENT BEFORE, DURING THIS PROCESS, UM, HOW THIS CASE WAS INITIATED WAS, UH, PRIOR TO THE ACCESSORY DWELLING UNIT, UH, THEY HAD APPLIED FOR A PERMIT FOR AN ACCESSORY STRUCTURE.
UM, AFTER THE ACCESSORY PERMIT STRUCTURE WAS ISSUED, THEY CONSTRUCTED IT.
THEY THEN CONVERTED IT TO A, A, AN ACCESSORY DWELLING UNIT.
UH, DURING THAT CONVERSION, UM, WE WERE INFORMED BY NEIGHBORS OF WHAT WAS GOING ON.
WE WENT OUT THERE, UM, REACHED OUT TO THE APPLICANT AND TOLD THEM ABOUT THE REQUIREMENTS OF AN SUP AND THEY DID THEN DID GO AHEAD AND SUBMIT AN APPLICATION, UH, PER THE REQUEST, UH, PER THE APPLICANT.
THEY ARE, UM, THEY DID LET US KNOW THAT THE PROPOSED, UM, ACCESSORY DWELLING UNIT IS INTENDED FOR A FAMILY MEMBER AS PART OF THIS PROCESS.
IN THE REVIEW OF THIS ACCESSORY DWELLING UNIT, UH, STAFF DOES HAVE SOME CONCERNS ABOUT THE STRUCTURE ITSELF.
UH, THE PLANS PROVIDE TO STAFF, UM, DO NOT MEET OUR MINIMUM STANDARD REQUIREMENTS.
UH, WE DID, WE HAVE REACHED OUT TO THE APPLICANT MULTIPLE TIMES, TRY TO GET REVISED PLANS.
UM, THERE ARE THINGS THAT WE CAN'T VERIFY PER THE SITE PLAN THAT WAS SUBMITTED TO STAFF, SUCH AS THE FIVE FOOT SETBACK REQUIREMENTS, SOME OF THE BUILDING STANDARDS.
UM, WE, AS PART OF THIS PROCESS, IF APPROVED, WE WILL NEED, UM, EVIDENCE THAT WHEN THEY APPLY FOR BUILDING PERMIT, THAT THIS BUILDING IS MEETING ALL BUILDING AND FIRE CODE REQUIREMENTS.
UM, THIS IS A, UH, A NEW DRIVEWAY THAT THEY CONSTRUCTED LEADING UP TO THE A DU.
UM, THESE, UH, MAJORITY OF THESE IMAGES WERE PROVIDED BY THE APPLICANT THEMSELVES.
UM, THIS SHOWING ON THE SIDE OF THE ACCESSORY DWELLING UNIT.
[00:15:01]
MATERIALS THAT THE ACCESSORY DWELLING UNIT IS USING ARCHITECTURALLY THAT ISN'T CONSISTENT WITH OUR DEVELOPMENT STANDARDS.WHAT IS IT? UM, I BELIEVE THIS IS, UH, HAS TO DO WITH THE ELECTRICAL BOX THAT CONTAINS SOME OF THE ELECTRICAL UNITS FOR THE ACCESSORY DWELLING UNIT.
HERE'S SOME ADDITIONAL IMAGES SHOWING THE FENCE LINE, UM, SHOWING THE ACCESSORY DWELLING UNIT ACCORDING TO THE PROPERTY LINE.
HERE'S LEADING, HERE'S THE WALKWAY TO THE ACCESSORY DWELLING UNIT.
UH, ONCE AGAIN, UH, STAFF DOES HAVE MANY CONCERNS ABOUT THIS ACCESSORY DWELLING UNIT.
STAFF IS RECOMMENDING DENIAL OF THE PROPOSED REQUEST.
UM, WHEN THIS WENT BEFORE THE PLANNING AND ZONING COMMISSION, THEIR RECOMMENDATION WAS ALSO TO DENY BASED ON VARIOUS CONCERNS THAT THEY HAD PER THE ACCESSORY DWELLING UNIT.
AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.
NOTICES WERE SENT OUT TO NO PROPERTY OWNERS WITHIN 200 FEET.
TWO CAME BACK IN OPPOSITION, ONE CAME BACK IN FAVOR.
ANYONE THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE COME TO THE PODIUM.
YOU COME TO THE PODIUM, PLEASE.
COUNSEL, YOU HAVE ANY QUESTIONS? I'LL START SINCE I WAS, ARE WE STILL IN THE PUBLIC HEARING OR WE GONNA CLOSE THE PUBLIC HEARING? YEAH.
IS THERE ANYBODY ELSE THAT WANTS TO SPEAK ON THIS ITEM? IF NOT, WE'LL GO AHEAD AND JUST STAY RIGHT THERE.
WE'LL CLOSE THE PUBLIC HEARING AND NOW JUST STAY THERE.
WELL, SINCE I WAS AT PLANNING AND ZONING, AND I PROMISE COUNCILMAN SUITER THAT I WOULD FOLLOW UP.
HE WAS UNABLE TO ATTEND TONIGHT 'CAUSE HE HAD WORK IN NEW YORK.
BUT DOES THIS HOME, DOES THIS HOME STILL HAVE A HOMESTEAD EXEMPTION ON IT? UH, YES SIR.
AND ARE YOU RENTING THE HOME OR LIVING IN IT? UH, I'M STAYING STAYING THERE PART-TIME.
AND THEN SOME OF MY FAMILY MEMBERS ARE STAYING THERE FOR NOW.
'CAUSE I'M, I'M TEACHING AT DUNCANVILLE HIGH SCHOOL RIGHT NOW.
BECAUSE THE UNDERSTANDING I HAD IS WHEN THEY KNOCKED ON THE DOOR, THE PERSON ANSWERED THE DOOR SAID THEY WERE RENTING THE PROPERTY.
WE HAVE AN ARRANGEMENT WITH THEM.
WELL, THAT DOESN'T HELP THE TAX OFFICE AND THAT DOESN'T HELP THE CITY IF IT'S, YOU CAN'T HAVE A HOMESTEAD EXEMPTION IF YOU'RE RENTING THE PROPERTY.
YEAH, I WAS TRYING TO GET SOME CLARIFICATION LIKE I CALLED THEM AND YES, I'M LOOKING INTO THAT NOW, SIR.
AND, BUT I DIDN'T, I DIDN'T PURPOSELY DO THAT.
LIKE HAVE YOU BEEN RENTING THE ACCESSORY DWELLING UNIT THAT'S IN THE BACK? NO, SIR.
NO ONE, NO ONE'S EVER BEEN, NEVER BEEN OCCUPIED, SIR.
AND EVERYTHING YOU SAID IS CORRECT.
UM, I DEFINITELY DIDN'T KNOW ABOUT THE ZONING PART AND THEN THE, THE LAST PERMITTING PART, I DIDN'T DO THAT.
UM, BUT YEAH, NO ONE'S LIVED THERE.
AND, YOU KNOW, I FOLLOWED THIS PROCESS 'CAUSE THEY TOLD ME TO, TO FOLLOW THAT.
BUT YEAH, I DID MAKE THAT MISTAKE AND YOU KNOW IT.
ARE YOU THE ONE THAT'S DONE THIS WORK? UH, NO.
I HIRED, UH, SOME OF IT MYSELF WAS SOME OF, I HIRED, YOU KNOW, CONTRACTORS AND STUFF AND, AND THEN YES, LIKE I, LIKE I, I WROTE A MESSAGE, LIKE SOME THINGS I KNEW ABOUT, SOME THINGS I DIDN'T KNOW.
AND SOME OF THE PERMITTING, I DIDN'T, I WASN'T, SOME OF THEM, YOU KNOW, THEY WERE LIKE, OH, WELL ONCE YOU GOT THIS, YOU KNOW, I KIND OF WENT WITH WHAT SOME OF THESE PEOPLE TOLD ME MM-HMM
UH, AND, BUT YEAH, SO I MADE THAT MISTAKE, BUT NOW I'M AWARE OF ANYTHING THAT I DO PERMITS AND, YOU KNOW, LIKE I COULDN'T, I DIDN'T REALLY KNOW HOW TO DO IT BETTER.
UH, I GUESS DRAWING TO SHOW YOU THE, LIKE, KIND OF WHERE IT IS.
I WAS TRYING TO DO IT, BUT IT'S, IT'S A LITTLE FURTHER BACK.
ALL I KNOW IS THAT IT IS FIVE FEET FROM THE SIDE AND FIVE FEET FROM THE BACK.
THAT'S AS MUCH AS I'M A HUNDRED PERCENT ON.
HAVE YOU DONE THIS TYPE OF WORK TO ANOTHER RESIDENCE BEFORE OR SOMEWHERE ELSE? IS THAT WHY YOU THOUGHT IT WOULD BE OKAY TO DO IT HERE? NO.
HAVE YOU DONE ANY WORK ON THAT PERMANENT STRUCTURE THAT'S THERE? OH, WHEN WE FIRST MOVED IN 2020, LIKE COVID, LIKE SOME FOUNDATION, UM, PLUMBING.
DID YOU GET PERMITS FOR THAT PLUMBING? I'M SORRY? DID YOU GET PERMITS FOR THAT WORK? I MEAN, I HIRED A COMPANY, BUT I DIDN'T ASK YOU THAT.
I SAID DID YOU GET PERMITS FOR THE, THE WORK BEING DONE ON THE HOUSE? I DON'T KNOW.
I MEAN, NO, NOT THAT I RECALL.
IT, I MEAN, IT WAS LIKE SOMETHING LIKE IN THE KITCHEN.
I DIDN'T KNOW HOW, YOU KNOW, THAT YOU NEED A PERMIT FOR, I GUESS THE, THE FLOOR WAS KIND OF FALLING.
I DIDN'T KNOW I NEED TO GO TO THE CITY AND GET IT FOR, YOU KNOW, FOR JUST FOR THAT SECTION OR WHATEVER.
NOW IS THIS STRUCTURE SEPARATELY METERED? NO, SIR.
THERE'S ONLY LIKE ONE LITTLE WATER LINE AND THEN THE, THE BOX IS CONNECTED.
IT'S A SMALL BOX CONNECTED TO THE BIG BOX.
CAN YOU PUT THE PHOTO BACK UP THAT SHOWS THE FENCE? YOU'RE SAYING THAT'S FIVE FEET BETWEEN THAT FENCE AND THAT BUILDING? YEAH, IT'S ALMOST SIX.
AND SHOW THE OTHER ONE WITH THE CHAIN LINK FENCE.
[00:20:07]
KEEP GOING.COME BACK UP REAL QUICK TO THE BOX.
IS THAT NOT A PIECE OF PLYWOOD ON THE GROUND RIGHT THERE? IT'S FOUR FEET WIDE.
YEAH, IT'S SOME MATERIALS THAT I HAVE TO THROW AWAY, BUT YEAH.
UH, WHAT THAT WAS, SIR, IS, YOU KNOW, DURING THE NO, I'M, I'M JUST SAYING IT'S, IS IS THAT A FULL SHEET? THAT WOULD BE FOUR FEET WIDE.
TO SHOW THAT IT'S NOT FIVE FEET FROM THE FENCE.
AND THE, THE THING THAT'S THE LITTLE WHERE YOU SEE THE PLYWOOD, WHAT IT WAS IS, UH, WHEN IT WAS THE WHOLE FREEZE THING, WE, WE COVERED IT UP, BUT IT'S A LITTLE BABY WATER HEATER, SO WE COVERED IT SO IT WOULDN'T, THAT'S WHAT THAT IS.
HE'S JUST ASKING YOU BECAUSE A, A STANDARD SHEET OF PLYWOOD IS FOUR FEET WIDE AND SIX FEET LONG.
SO IF THAT'S FOUR FEET WIDE THERE, THEN WE CAN EXTRAPOLATE TO THE SIDE OF THAT IF IT'S FIVE FEET OR NOT.
THAT'S, IS THAT WHY YOU'RE ASKING TRAVIS? MM-HMM
THAT'S ALL HE IS ASKING YOU ABOUT THE PLYWOOD.
I WHAT HE'S TRYING TO FIGURE OUT IF THAT'S THE FULL SHEET OF PLYWOOD OR NOT, RIGHT? NO, I DON'T THINK IT'S A FOUR ONE, BUT YEAH, I KNOW THERE'S FOUR.
I THOUGHT IT WAS FOUR BY EIGHT BY, MAYBE IT WAS FOUR BY SIX.
IT MIGHT BE FOUR BY EIGHT, BUT IT'S FOUR FEET WIDE.
SO THE, THE FIVE FOOT THING ISN'T, ISN'T, AND IT'S A BIT, BIT OF A GRAY AREA FOR ME AT LEAST BECAUSE IT'S, YOU HAVE YOUR PROPERTY RIGHTS, RIGHT? BUT SO DOES YOUR NEIGHBOR.
UM, AND THE ISSUE HERE IS ONE BEING IS THAT FENCE YOUR FENCE OR IS THAT YOUR NEIGHBOR'S FENCE? THAT'S MY NEIGHBOR'S FENCE.
OKAY, SO THAT'S YOUR NEIGHBOR'S FENCE.
SO, SO THE RUNOFF FROM THIS STRUCTURE IS GOING TO RUN ONTO THAT FENCE EVERY TIME IT RAINS, IT'S GONNA CAUSE THOSE POLES TO START TO SHIFT AND THE WOOD TO DETERIORATE PRETTY QUICKLY.
UM, AND THAT'S BECAUSE YOU BUILT IT TOO CLOSE TO YOUR NEIGHBOR'S FENCE.
SO YES, YOU HAVE YOUR PROPERTY RIGHTS, BUT NOW YOU'RE INFRINGING ON THEIRS.
UM, AND YOU'RE DAMAGING THEIR STRUCTURE.
I HAVE I THAT, THAT, THAT IS, THAT'S KIND OF AN, THAT NOT EVEN KIND OF ISSUE.
THAT, THAT, THAT'S A BIG ISSUE.
I MEAN, THAT'S STRETCH OF FENCE.
HOW LONG IS THIS STRUCTURE? 20 FEET LONG? UM, UH, THE LENGTH IS LIKE 30, 31 AND THEN THE WIDTH IS LIKE 16 S FEET.
SO YOU'RE, YOU'RE POTENTIALLY ABOUT TO EXPEDITE THE RUINING OF 30 FEET OF FENCE.
AND THAT'S NOT CHEAP ON YOUR NEIGHBOR 'CAUSE OF A DECISION YOU MADE.
DOES THAT MAKE SENSE? I SEE WHAT YOU'RE SAYING NOW MM-HMM
WITH THE, AND THEN IF THAT'S ELECTRICAL.
NO, THAT'S THAT WEIRD BOX THING.
WHAT IS THAT? NO, THAT, THAT'S WHAT I'M SAYING.
THERE'S A BABY WATER HEATER IN THERE AND JUST DURING THE FREEZE, I, I COVERED IT UP.
SO IT'S ONE OF THE ON DEMAND HOT WATER HEATERS.
YEAH, IT'S A AND THAT'S WHY IT'S COVERED BECAUSE IT IS A, FOR THE FREEZE, YOU HAVE A WATER HEATER OUTSIDE OF THE HOUSE.
THE ELECTRICAL IS ON THE OTHER SIDE.
SO IS THAT WATER HEATER? ELECTRIC OR GAS? ELECTRIC.
THE LOWER ELECTRICAL IS EVERYTHING IN THAT BUILDING.
YOU DON'T HAVE GAS AROUND THAT BUILDING? NO SIR.
IS IT ON A P AND BEAM OR ON A LAB? P AND BEAM.
IT'S SOME CONCRETE PIERCE LIKE THIS.
SO I HAVE A, I HAVE A QUESTION FOR, FOR STAFF.
WHEN, WHEN, WHEN THIS WAS ORIGINALLY, UM, SUBMITTED FOR A, UH, A SECONDARY STRUCTURE.
I, I'M SORRY, IT WAS A, UM, ACCESSORY STRUCTURE, ACCESSORY ACCESSORY STRUCTURE.
UM, WERE THOSE PLANS SUBMITTED? UM, WHAT, WHAT WAS SUBMITTED WAS THE SITE PLAN I JUST SHOWED YOU, UM, SHOWING APPROXIMATELY 496 SQUARE FEET.
UM, THIS IS WHAT WAS SUBMITTED FOR THE BUILDING PERMIT, FOR THE ACCESS STRUCTURE.
UM, THIS WAS APPROXIMATELY 496 SQUARE FEET, UM, AFTER IT WAS CONSTRUCTED.
UM, WE'RE MEASURING IT TO BE APPROXIMATELY 630 SQUARE FEET.
SO AM I TO ASSUME THAT, THAT IT WAS, THE ACCESSORY STRUCTURE WAS ORIGINALLY BUILT BIGGER THAN WHAT THEY SUBMITTED? OR WAS IT
[00:25:01]
ADDED, WAS THERE AN ADDITION TO IT AFTER THE FACT? CORRECT.IT WAS, IT WAS CONSTRUCT, UH, WHAT WAS ORIGINALLY SUBMITTED.
THEY BUILT LARGER FROM WHAT WE HAVE ON THIS SITE PLAN COMPARED TO WHAT'S ON THE GROUND.
YEAH, LIKE SO THE ORIGINAL PLAN, IT'S SUPPOSED TO BE 4 96 THIS WHOLE TIME.
I THOUGHT IT WAS 4 96, BUT I GUESS WHEN, UH, YOUR GENTLEMAN OR SOMEONE CAME, THEY SAID SO 'CAUSE OF THE ROOF OR SOMETHING THAT IT'S CLOSER TO SIX.
BUT YEAH, THE ORIGINAL, IT DID NOT LOOK LIKE THAT.
THE ORIGINAL HAD LIKE THE, LIKE THE RED DRAWING WHEN I INITIALLY SUBMITTED FOR, UH, FOR THE ACCESSORY.
BUT YEAH, THAT'S NOT THE PICTURE.
SO NO, WE PROBABLY GOTTA PULL IT UP OR I'LL PULL IT UP.
WHEN YOU SAID YOU MEASURED SIX FEET, DID YOU MEASURE FROM THE FENCE TO THE WALL OF THE STRUCTURE? YEAH.
AND THAT'S WHAT THEY WERE TELLING? NO, NOT FROM THE ROOF SIR.
WELL AND THAT'S ALSO TAKING AN ASSUMPTION THAT THAT FENCE IS ON THE LINE, WHICH MOST OF THE TIME IS NOT.
COUNSEL, Y'ALL HAVE ANYTHING ELSE? NO.
JUST TO ASK AMONGST THE COUNSEL, UM, 'CAUSE I MEAN I'M AT A LOSS ON, ON THIS ONE.
IF WE DENY IT, ARE WE GONNA ENFORCE HEARING IT DOWN? THAT'S A DISCUSSION FOR LATER.
I DON'T, I I DON'T KNOW THAT IT IS.
I MEAN IT'S, IT'S, IT'S A, I WOULD, I WOULD SAY IT'S A DISCUSSION AS TO WHETHER IF THEY GET WITH THE BUILDING DEPARTMENT AND ALL THAT, IT COULD BE BROUGHT WITHIN COMPLIANCE AND FEE FINES PAID AND INSPECTIONS DONE.
IF IT COULD, IF IT COULD REMAIN AFTER PAYING FINES AND AFTER BEING INSPECTED AND WHATEVER THAT IS.
BUT I DON'T THINK WE SHOULD JUST TURN IT BACK ON AND SAY, OKAY, GO AHEAD.
AND I KNOW YOU'RE NOT SUGGESTING THAT.
IT'S A, I DON'T KNOW THAT VOTING TO DENY IT ACCOMPLISHES ANYTHING REALLY.
I MEAN, YES, IN THE PROCESSES IT DOES AND HE WOULD HAVE TO REAPPLY AND SUBMIT THOSE THINGS.
BUT WHAT DOES IT ACTUALLY ACCOMPLISH IF WE DENY IT AND WE DON'T PLAN TO FORCE HIM TO TEAR IT DOWN.
IT JUST, HE HAS TO REAPPLY AND SUBMIT THINGS AS OPPOSED TO IF WE TABLE IT OR SOMETHING.
OR, UM, IT COULD, IT IT COULD, HE COULD, HE COULD CONTINUE GOING THROUGH THE PROCESSES TO CHECK THE BOXES AND THEN BRING IT BACK AT A LATER DATE.
WE COULD JUST TABLE INDEFINITELY I GUESS.
OR THAT'S, YEAH, WE CAN TABLE IT.
IF YOU TABLE IT INDEFINITELY, IT'D HAVE TO GO BACK TO PNZ THEN TO COUNCIL.
IF YOU TABLE TO A SPECIFIC DATE, IT WOULD JUST COME BACK TO COUNCIL.
WHAT WOULD HAVE TO BE DONE HERE TO, TO BE IN COMPLIANCE? UM, WHAT ALL WOULD'VE TO BE DONE? WELL, IF YOU'RE TALKING ABOUT THE ACCESSORY STRUCTURE OR IF YOU'RE TALKING ABOUT THE ACCESSORY DWELLING UNIT, WE WOULD NEED TO KNOW THAT IT MEETS OUR, WE NEED A SITE PLAN SHOWING PROPER SETBACKS, SHOWING PROPER DIMENSIONS.
UM, WE WOULD NEED TO KNOW THAT WHEN IT WAS CONSTRUCTED AS ACCESSORY STRUCTURE AND THEN CONVERT IT OVER TO AN A DU.
IT'S MEETING ALL BUILDING AND FIRE CODE REGULATIONS, ESPECIALLY BECAUSE THIS WILL BE AN OCCUPIABLE BUILDING.
THAT'S ONE OF OUR MAJOR CONCERNS IS LIFE SAFETY.
DID YOU SAY EARLIER THAT YOU HAD BEEN TRYING TO GET THAT AND YOU HAVEN'T BEEN ABLE TO? YEP, SO WE HAVE, UH, WE DID REACH OUT TO THE APPLICANT A COUPLE TIMES FOR REVISIONS OF SITE PLAN, UM, TO SHOW THE PROPER SETBACKS TO SHOW SOME OF OUR CONCERNS HAVE BEEN ALLEVIATED AND WE HAVE NOT YET RECEIVED ANY OF THOSE.
HAVE YOU RECEIVED THOSE COMMUNICATIONS? YEAH, I'VE BEEN IN COMMUNICATION WITH THEM.
UM, UH, LIKE I SAID, THERE'S ANOTHER DRAWING, SIR, COULD YOU COME TO THE PODIUM? YES.
AND, AND I TOLD THE, UM, I'VE BEEN IN COMMUNICATION.
THERE'S ANOTHER IMAGE, BUT, UH, I NEED TO GET IT TO YOU GUYS, BUT IT'S WHERE IT SHOWS THE, THE FULL, IT'S LIKE IN RED DRAWING WHAT IT IS.
UM, AND THE ELEVATION, I REMEMBER IT'S NOT, UH, I NEED TO FIND THAT, BUT IT'S, IT'S NOT HIGHER THAN THE ORIGINAL, UH, STRUCTURE.
BUT YEAH, I NEED TO GET THE OTHER DRAWING TO HER.
BUT I TOLD HER LIKE ALL THE QUESTIONS SHE ASKED ME OR THEY ASKED ME, I ASKED TO THE BEST OF MY ABILITY.
UM, BUT THE ONLY ONE I'M, WE DON'T HAVE IS THE ONE WITH THE, I GUESS THE, WITH THE RED DRAWING WHERE IT'S ACTUALLY SHOWING WHERE EXACTLY IT IS ON THERE.
THE, THE TWO BIG CONCERNS THAT I HAVE
[00:30:01]
IS INFRINGING ON THE PROPERTY OWNER TO THE LEFT OF THIS STRUCTURE.UM, 'CAUSE YOU ARE GOING TO RUIN THEIR FENCE.
AND THAT MIGHT SEEM PETTY, BUT 30 FEET OF FENCE IS SEVERAL THOUSAND DOLLARS THAT LOOKED LIKE AN EIGHT FOOT FENCE TALLER THAN EIGHT.
WELL, I MEAN IT'S SEVERAL THOUSAND DOLLARS AND THAT YOUR STRUCTURE IS GOING TO RUIN THAT INVESTMENT THAT YOUR NEIGHBOR MADE.
UM, BEING YOUR PROPERTY, YOU SHOULD BE ABLE TO DO WITH IT JUST ABOUT WHAT YOU PLEASE WITHIN CODE.
UM, BUT FROM THE LIFE SAFE, THE LIFE SAFETY POINT, IT'S AT THE REAR OF THE STRUCTURE.
IF THAT CATCHES ON FIRE AND THE FENCE IS ON FIRE AND OUR FIRE DEPARTMENT'S TRYING TO GET TO IT TO PUT IT OUT, IF THAT GATE IS LOCKED NOW, THEY CAN'T GET TO IT OR THEY HAVE TO TEAR DOWN YOUR GATE AND IT'S PRETTY FAR AWAY FROM THE ROADWAY.
YOU'RE PUTTING OUR FIREFIGHTERS IN A, IN AN AWFULLY TOUGH SPOT TOO.
AND AGAIN, BEING TOO CLOSE TO YOUR NEIGHBORS NOT GREAT.
AND IF YOU GOT A HOT WATER HEATER SITTING OUTSIDE WITH SOME PRETTY SKETCHY WIRING FROM THE WAY IT LOOKS RIGHT THERE, YEAH, I WOULD, IF IF ANYTHING'S ABLE TO, I'M NOT SURE HOW YOU SAID TABLED OR, YOU KNOW, WE WOULD, I WILL, WHATEVER YOU NEED ME TO CHANGE OR DO OR MOVE THAT AWAY FROM THERE, OR SHAWN MAKE IT LESS OR SHORTER OR SHAWN, DO WE HAVE A A A STRUCTURE OF, OF CHARGES AND FINES THAT WE CHARGE WHEN PEOPLE DON'T DO THIS? 'CAUSE THE LAST THING I WANT TO DO IS THIS MEETING END AND EVERYBODY THINK I'M GOING TO ASK FOR FORGIVENESS, NOT PRE, NOT PERMISSION.
'CAUSE YOU KNOW, THAT'S HAPPENS HALF THE TIME ANYWAY.
WELL, I'LL JUST TAKE MY CHANCES.
WHAT'S GONNA HAPPEN IF I DO IT.
I'M NOT SAYING THAT'S WHAT YOU DID, BUT I'M JUST SAYING THAT IF, IF WE KNOW ALL OF THIS AND WE KNOW ALL THIS WAS BUILT THAT WAY, THE REASON I ASK IS 'CAUSE I DROVE BY AND IT LOOKED TO ME LIKE THE HOUSE HAD BEEN ADDED ONTO ALSO AT SOME POINT.
AND WHICH JUST MAKES ME WONDER IF WHEN YOU ADDED ONTO THE HOUSE, WAS IT PERMITTED AND EVERYTHING ELSE BECAUSE THAT, THAT DWELLING THAT YOU'RE, THAT YOU'RE TRYING TO MAKE A DWELLING OUT BACK.
DID YOU CONNECT IT TO OUR SEWER LINES AND TO THE CITY'S WATER LINES? DID YOU HAVE A PLUMBER TO CONNECT IT TO OUR WATER LINES AND OUR SEWER LINES? YOU SAY IT DOESN'T HAVE GAS, SO THAT'S THANKFULLY, BUT BUT I JUST DO, WE HAVE A, A MECHANISM FOR FINES AND ALL THAT.
YES, WE CAN DEFINITELY ADD, UH, ADDITIONAL FEES, UH, TO ANY PERMIT PULLED, UH, UPON YOUR DIRECTION.
HOW LONG HAVE YOU OWNED THIS PROPERTY? IN COVID? DURING COVID.
AND HOW LONG HAVE YOU BEEN LIVING IN DUNCANVILLE? WELL, THAT'S LIKE SINCE I WAS A KID, BUT, UH, I ALMOST GOT MARRIED AS I ENDED UP IN HERE.
SO FROM MID, LATE, LATE 2020 FOR THE MOST PART, LIKE HALF AND HALF, LIKE ONE YEAR WAS, UH, JUST TRYING TO, YOU KNOW, FIX SOME THINGS, YOU KNOW, ROOF, YOU KNOW, DIFFERENT THINGS LIKE, 'CAUSE IT WAS, IT NEEDED SOME HELP, BUT ON AND OFF FOR THE MOST PART SINCE LATE 20 WHEN I BOUGHT IT IN LATE 2020.
SO YOU HAVEN'T BEEN LIVING THERE AS A HOMESTEAD FOR FOUR YEARS, SO YOU HAVE IT.
NO, I HAVE JUST NOT, NOT OUT EVERY SINGLE, YOU KNOW.
WELL, THE MAJORITY OF YOUR TIME HAS TO BE SPENT IN THAT HOME FOR IT TO BE HOMESTEADED.
IS THAT CORRECT? I BELIEVE SO.
AND THEN YOU'VE ADDED TO IT, YOU'VE ADDED TO THE BUILDING IN THE BACK.
YOU'VE DONE THESE DIFFERENT THINGS THAT ARE NOT PERMISSIBLE UNDER OUR ORDINANCES AND EVERYTHING ELSE.
I MEAN, YOU'RE TALKING ABOUT US GIVING YOU A WHOLE LOT OF LEEWAY FOR A WHOLE LOT OF THINGS AND NOT TEARING DOWN OR NOT ASKING YOU TO TEAR DOWN A BUILDING.
IT'S, IT'S ASKING FOR A WHOLE LOT.
YOU KNOW, AS, AS CHAIRMAN KEELER SAID IT PLANNING AND ZONING IGNORANCE OR I THINK IT WAS CHAIRMAN IGNORANCE OF THE LAWS IS NOT AN EXCUSE FOR BREAKING THEM.
AND YOU KNOW, YOU'RE AN EDUCATED MAN, YOU'RE A SCHOOL TEACHER, SO YOU'RE NOT AN UNEDUCATED PERSON THAT HAS NO CLUE THAT WE HAVE LAWS AND WE HAVE ORDINANCES AND EVERYTHING ELSE.
I MEAN, I COULD BET YOU 90% OF THE PEOPLE IN HERE KNOW IF I'M GONNA DO SOMETHING TO MY HOUSE, I PROBABLY GOTTA GO GET A PERMIT FOR WHAT I'M DOING.
AND THAT'S, SO I WANNA MAKE SURE THAT IF WE DON'T TEAR IT DOWN, IT COSTS A SIGNIFICANT AMOUNT OF MONEY FOR YOU NOT TO HAVE TO TEAR IT DOWN TO KEEP IT AND GO FORWARD AND THEN PROVE THAT YOU'VE DONE THE THINGS THAT ARE NEED TO BE DONE.
NOW THAT YOU'VE POINTED THINGS LIKE THAT ABOUT THE, YOU KNOW, THE IRRIGATION, THE YEAH.
IF THERE SOMETHING BAD WERE TO HAPPEN.
I MEAN, I HAVE A DAUGHTER, I WOULDN'T, YEAH, I WOULDN'T WANT NOTHING BAD HAPPEN TO ANYBODY,
[00:35:01]
YOU KNOW.NOT, NOT THE, WELL NO I HAVEN'T NEVER LIVED INTO THE, IN THE A DU THING.
I'VE NEVER, NO ONE'S EVER LIVED THERE.
UH, AND THEN, LIKE I SAID, ON AND OFF WITH UH, SOME FAMILY MEMBERS STAYING, UH, IN THE, IN THE HOME.
BUT LIKE I SAID, I, I'M TALKING TO THE APPRAISAL, I ASKED HIM LIKE, IS THERE SOME CERTAIN HOW MANY MONTHS I GOTTA BE THERE OR NOT? OR, BUT I DON'T WANNA VIOLATE THAT.
SO I TOLD HIM, YOU KNOW, WE'LL FIX THAT.
IF I NEED TO TAKE IT OFF, I'LL TAKE IT OFF.
IS THE FAMILY MEMBER PAYING YOU RENT PART OF IT? SOMETHING SO IT'S A RENTAL? NO, YOU KNOW NOTHING.
IT IS IN AGREEMENT, BUT IT'S A RENTAL IF THEY'RE PAYING YOU RENT.
I MEAN IF, YEAH, IF I HAD NOTHING TO DO WITH IT.
YOU KNOW, BUT I MEAN, I'M THERE MOST OF THE TIME.
WELL IF I RENT ONE OF MY HOUSES TO ONE OF MY KIDS, IT'S STILL A RENTAL.
WHETHER I'M RENTING IT TO MY KID OR NOT, IT'S STILL, THEY'RE PAYING RENT.
RIGHT? YOU'RE I'M NOT LIVING IN THE HOME.
THEY ARE, BUT IT'S A LONG TERM RENTAL.
YOU'RE NOT PUTTING THIS ON AIRBNB OR ANYTHING? NO.
AND LIKE, AND I'LL BE HONEST AGAIN SIR, FAMILY SITUATION.
I ALMOST GOT MARRIED, DIDN'T GET MARRIED AND THEN THEY NEEDED SOMETHING.
THAT'S KIND OF WHERE WE'RE AT.
BUT ULTIMATELY I'M GONNA BE THERE, YOU KNOW, WHEN AUGUST, WHEN I'M DONE WITH THE SCHOOL YEAR AND STUFF LIKE THAT.
CONSIDER PROPOSED ORDINANCE APPROVING ZDC 34 DASH 2025.
[12. Consider proposed Ordinance approving ZDC-34-2025]
MADD MAYOR I MOVE TO DENIES EDC 34 20 25.A SPECIFIC USE PERMIT FOR AN ACCESSORY DWELLING UNIT USE WITHIN A SINGLE FAMILY TWO ZONING DISTRICT.
DO WE HAVE A SECOND? I'LL SECOND.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[13. Public Hearing on a request by Richard Shinpaugh, Ellis County Bail Bonds, to consider revoking a Specific Use Permit (Ordinance 3495) which allows for the use of a Bail Bond Agency located at 216 South Jackson Street (Property ID 170438) – Owner: Richard Shinpaugh (ZDC-35-2025)]
NEXT ITEM IS A PUBLIC HEARING ON A REQUEST BY RICHARD SCHAL ELLIS COUNTY BELL BONDS TO CONSIDER REVOKING A SPECIFIC USE PERMIT WHICH ALLOWS FOR THE USE OF A BAIL BOND AGENCY LOCATED AT TWO 16 SOUTH JACKSON STREET.OWNER RICHARD SHEPA, TRENTON, UH, THANK YOU.
I'LL MAKE THIS ONE REALLY QUICK FOR YOU.
IF YOU ALL RECALL, UM, LAST MONTH, UH, MS. SHEPA BROUGHT FORTH AN APPLICATION FOR ANOTHER LOCATION TO ALLOW FOR HIS BAIL BOND AGENCY TO REMAIN THERE PERMANENTLY.
UM, WITH THAT SAID ON TWO 16 SOUTH JACKSON, WHICH IS THIS PROPOSED PROPERTY, UM, HE HAD A SPECIFIC USE PERMIT THAT WAS, UH, FOR BAIL BOND AGENCY DUE TO THE OTHER ONE BEING APPROVED BY COUNSEL.
UH, HE NO LONGER WISHES TO HAVE A BELL BOND AGENCY AT THIS LOCATION AND HAS SUBMITTED DOCUMENTATION FOR THE REPEAL OF THIS PROPO OF THIS EXISTING ORDINANCE SP ORDINANCE.
AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.
ANYBODY THAT WANTS TO SPEAK ON THIS ITEM, PLEASE COME TO THE PODIUM.
SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.
[14. Consider proposed Ordinance approving ZDC-35-2025]
ITEM, CONSIDER PROPOSED ORDINANCE APPROVING ZDC 35 DASH 2025.COUNSEL, MAD MAYOR, I MOVE TO APPROVE ZDDC 35 20 25 REVOKING THE SPECIAL USE PERMIT ORDINANCE 34 95 FOR THE USE OF A BAIL BOND AGENCY AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[15. Public Hearing on a request by Ben Williams, QuikTrip South, LLC for a Specific Use Permit (SUP) for a Convenience Store & Gasoline Sales uses within a Light Industrial-1 zoning district located east of 1000 Solon Road (Property ID 291997) - Owner: Round Top Assets, LLC (ZDC-17-2025)]
NEXT ITEM IS A PUBLIC HEARING ON A REQUEST BY BEN WILLIAMS QUICKTRIP, SOUTH LLC FOR A SPECIFIC USE PERMIT FOR A CONVENIENCE STORE AND GASOLINE CELL USES WITHIN A LIGHT INDUSTRIAL ONE ZONING DISTRICT LOCATED EAST OF 1000 SALON ROAD OWNER ROUND TOP ASSETS.UH, ONCE AGAIN, I'M GONNA TRY TO MAKE THIS ONE QUICK FOR YOU AS WELL.
UM, I'LL TRY TO DO THAT AS OFTEN AS POSSIBLE FOR Y'ALL.
THEY ARE, UH, THEY ARE PROPOSING A SPECIFIC USE PERMIT AT THIS LOCATION FOR A CONVENIENCE STORE AND GASOLINE CELLS.
UM, TO MAKE THINGS A LOT MORE QUICK FOR THIS ITEM.
UH, WHEN THIS WENT BEFORE PLANNING AND ZONING COMMISSION AT THE TIME, UM, IT WAS DISCUSSED TO CONTINUE THIS CASE.
UM, BUT DUE TO VARIOUS RESTRAINTS THAT THE APPLICANT HAD, UH, REGARDING THIS PROPERTY, THEY COULDN'T, UH, THEY COULDN'T AGREE TO A CONTINUANCE.
UM, SINCE THEN THEY HAVE BEEN ABLE TO GET ADDITIONAL TIME, UM, FROM THE PROPERTY OWNER TO ALLOW THEM TO,
[00:40:01]
UM, CONTINUE TO ADDRESS STAFF'S COMMENTS AND, AND WORK WITH STAFF TO TRY TO GET THIS PROJECT CROSSED THE FINISH LINE.UM, WE DO HAVE THE APPLICANT'S HERE WHO'D LIKE TO, UH, SPEAK AND AT THIS TIME I BELIEVE THEY WILL BE REQUESTING SOME SORT OF CONTINUANCE.
ANYONE THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE COME TO THE PODIUM AND GIVE YOUR NAME AND ADDRESS FOR THE CITY SECRETARY.
BEN WILLIAMS, 42 17 FOXBOROUGH TRAIL, ARLINGTON, TEXAS.
UM, AT THIS TIME, LIKE TRENTON SAID, UH, WE DO WANNA REQUEST A CONTINUANCE.
UH, WE DO WANNA GET STAFF ENOUGH TIME TO, UH, TO REVIEW THOSE CHANGES THAT WE DID MAKE.
UM, SO WHETHER THAT'S GOING BACK TO PNZ IS WHAT WE WERE TRYING TO REQUEST, BUT, UH, WHETHER WE GET THAT OR JUST THE NEXT COUNCIL, UH, HEARING, WE DO WANNA REQUEST THAT WE GET MORE TIME WITH THE PROJECT.
UM, BUT WE PREFER TO GO BACK TO PNZ.
SO JUST BEING HONEST, WE, I DON'T WANT YOU TO GO BACK TO PNZ.
WE KIND OF WANT THEM TO MAKE A DECISION AND GET IT TO US SO WE CAN WORK WITH YOU.
UM, THAT'S KIND OF WHAT WE TOLD THEM A FEW MONTHS AGO.
UM, SO BEING WITH US IS A, WE CAN WORK DIRECTLY WITH YOU ON SPECIFICS AS OPPOSED TO HAVING TO GO BACK TO PNZ THEN COME BACK TO US.
WHAT HAPPENED AT PNZ IS THEY HAD A HARD DEADLINE THEY THOUGHT WITH WHO THEY'RE BUYING THE LAND FROM AND THEY HAD DOCUMENTS AND FORMS AS WELL AS OTHER THINGS THAT THEY HAD TURNED IN THAT DAY.
AND SO STAFF DIDN'T HAVE ANY OF THAT STUFF AVAILABLE AND P AND Z VOTED NINE ZERO.
SO THEY WOULD HAVE TO HAVE A UNANIMOUS DECISION AMONGST US TONIGHT BECAUSE MR. ER'S NOT HERE.
JUST WHAT HAPPENED AT TUESDAY NIGHT.
AND, AND ONE MORE THING AND QUICKER WITH US AT THE PLAIN ZONING COMMISSION.
UH, DUE TO NOT BEING ABLE TO MAKE A CONTINUANCE, THEY DID RECOMMEND DENIAL BECAUSE OF THAT RECOMMENDATION OF DENIAL, IT DOES REQUIRE A SUPER MAJORITY VOTE AT COUNCIL.
DO YOU HAVE ANY OTHER CO COMMENTS? I NEED TO OPEN THE FLOOR BACK UP FOR ANYBODY ELSE DURING PUBLIC COMMENTS UNDER ME.
ANYONE ELSE WANNA SPEAK ON THIS ITEM? PLEASE COME TO THE PODIUM.
SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.
[16. Consider proposed Ordinance approving ZDC-17-2025]
16 IS TO CONSIDER PROPOSED ORDINANCE APPROVING CDC 17 DASH 2025.COUNSEL MAY HAVE SOME QUESTIONS FOR YOU NOW.
SO WHAT, SO QUICKLY, WHAT CHANGES ARE YOU PROPOSING TO MAKE? UM, SO WE ALREADY MADE THE CHANGES.
WE ADDED A SEWER OR WE REROUTED THE SEWER LINE.
UM, BASICALLY INSTEAD OF BEHIND OUR PROPERTY, IT'S ON THE HARD CORNER NOW.
UH, SO IT'S IN THE PUBLIC OR PUBLIC RIGHT OF WAY.
UH, WE REMOVED ONE OF THE MONUMENT SIGNS PER STAFF COMMENTS.
UM, WE SHIFTED ONE OUT OF WHAT WOULD BE THE NEW EASEMENT FOR THE SEWER LINE.
UM, AND THEN WE MOVED OUR HIGH RISE SIGN WAS OUT OF THE SAME EASEMENT.
UM, AND THEN WE ACTUALLY MEET OUR SETBACK REQUIREMENTS NOW, AND WE DIDN'T BEFORE ALBERT, WEREN'T YOU REQUESTING THAT THE SIGN BE HIGHER THAN OUR ORDINANCE ALLOWS? NO, SIR.
SO WE'RE REQUESTING IT 65 FEET AND THE ORDINANCE ALLOWS 75 FEET.
I'LL BE HONEST, THE ONLY ISSUE THAT I HAD WITH THIS, IT'S KIND OF MINOR, KIND OF NOT, UM, IS THAT IT'S, IT'S, IT'S ON THAT CORNER WHERE FRANKLY THE ROAD ITSELF SUCKS.
UM, THAT'S, UH, ALONG LOUGHLIN.
UM, WE HAD A, WE HAD A PROJECT THAT CAME FORWARD, UM, A FEW MONTHS AGO THAT THAT WAS KIND OF, KIND OF AN ISSUE.
IT WAS A ONE OF THE BIGGER ISSUES FOR THEM.
'CAUSE THAT'S THE TRUCK TRAFFIC.
UM, TRUCK TRAFFIC WILL BE AN ISSUE HERE AS WELL.
UM, SO IMPROVEMENTS TO THE ROADWAY, NOT THE SERVICE ROAD, BUT ON THE LOFLIN SIDE, UM, SOMETHING HAS TO BE DONE THERE.
SO IS THERE, IS, IS THERE ANYTHING THAT Y'ALL ARE PROPOSING TO PARTICIPATE IN TO COMPLETE, TO UPGRADE, TO DO ON THE LAUGHLIN SIDE OF THAT? I MEAN WE, OTHER THAN JUST CONNECTING INTO A CRAPPY ROAD, I MEAN THAT'S RIGHT, RIGHT? YOU SHE, THE CONNECTION POINT, BUT IT'S A CONNECTION POINT TO A ROAD THAT WE CAN'T USE.
UH, SO WE DID A TRAFFIC, UH, IMPACT ANALYSIS AND THEY DID RECOMMEND THAT THAT'S FULLY BUILT OUT.
UM, I CAN'T STAND UP HERE AND PROMISE EXACTLY WHAT WE WOULD DO ON THAT ASPECT, YOU KNOW, I GUESS TO GO THROUGH THE CHAIN FOR THAT.
UM, BUT WE WOULD BE HAPPY TO WORK WITH STAFF TO, TO DO SOMETHING THERE FOR SURE.
AND WHAT THE, WHAT THE TIA IS RECOMMENDING IS THAT THAT'S, UM, KEEPING THAT SPLIT MEDIAN RUNNING IT ALL THE WAY TO, UM, OR UNDER THE BRIDGE.
[00:45:01]
MADAM CHAIRMAN, IF, IF WE'RE GONNA CONSIDER THIS TONIGHT AND NOT EXTEND IT, I WOULD RESPECTFULLY REQUEST THAT TRENTON STAFF GO THROUGH WHAT THEY PRESENTED TO PNZ AND WHAT HAS BEEN MET AND WHAT HAS NOT BEEN MET THAT PNZ HAD ON THAT LIST.WELL, LET'S ALL IN THE PACKET SO WE DON'T, SO WE KNOW EXACTLY WHAT WE'RE VOTING ON AND WHAT WE'RE NOT VOTING ON.
THAT WAS ALL IN THE PACKET OF ALL THE CHANGES THAT THEY MADE FROM PNZ TO TODAY.
I'D LIKE TO HEAR FROM STAFF, NOT OH, OKAY.
SO, UH, WE RECEIVED A, UH, A SET OF REVISIONS THE DAY AFTER PLANNING ZONING COMMISSION.
UM, AND SO WE ARE IN THE PROCESS OF REVIEWING THOSE REVISIONS.
THEY DID PROPOSE REVISIONS TO COUNCIL, UH, TO PLANNING COMMISSION THAT WE HAD NOT YET SEEN.
AND SO WE HAVEN'T HAD A CHANCE TO REALLY LOOK THROUGH THOSE REVIEW OR COMMENT ON THOSE AS OF YET.
AT P AND Z, THEY REQUESTED THAT, THAT THEY COME BACK IN A MONTH TO P AND Z THAT WAY STAFF HAD TIME TO GO THROUGH EVERYTHING THAT THEY'D PRES PRESENTED AND, AND GO THROUGH IT.
AND AT THAT TIME THEY SAID THEY COULDN'T DO IT BECAUSE THEY NEEDED THE, THEY HAD A HARD, HARD DEADLINE OR SOMETHING WITH THEIR REAL ESTATE.
SO STAFF DID TELL THEM THAT WHEN YOU COME TO THE CITY COUNCIL ON MONDAY, WE'RE NOT GONNA HAVE THIS COMPLETED.
WE'RE NOT GONNA HAVE REVIEWED EVERYTHING BEFORE THEN.
SO JUST SO THAT'S, AND THAT'S WHY THEY'RE ASKING FOR THE EXTENSION NOW 'CAUSE THEY GOT THE REAL ESTATE PEOPLE TO, OR THEIR AGENT OR WHATEVER TO AGREE TO EXTEND THEIR CONTRACT SO THAT THERE WOULDN'T BE A PUSH ON THAT TIME.
I JUST, I DON'T, I DON'T WANT, THERE'S NO POINT IN GOING BACK TO P AND Z IS MY POINT.
SO STAFF HASN'T REVIEWED WHAT THEY'VE GIVEN TO 'EM.
AND I'M ASKING FOR ADDITIONAL THINGS SO THAT THOSE CAN BE WORKED INTO AND THEN WE CAN MAKE A DECISION ON TABLING OR PASSING OR WHATEVER IT IS.
BUT THE P AND Z PART'S OVER FOR ME, I DON'T, I DON'T CARE.
LIKE IT'S, I DON'T KNOW WHY HE KEEP GOING BACK TO THAT.
UM, THE TIIA YOU, THE, THE TIA YOU SAID SHOWED THAT YOU NEED TO MAKE THE IMPROVEMENTS.
HAVE Y'ALL INTERNALLY DISCUSSED MAKING THOSE IMPROVEMENTS TO MAKE A, A LEGIT CONNECTION TO THE LAUGHLIN SERVICE ROADSIDE OF THAT? UH, YEAH.
AND THAT'S, THAT'S PART OF WHAT WE, WE ARE LOOKING FOR AND CAN'T REALLY SEE IT ON THIS, UH, SITE PLAN.
BUT THAT DRIVE THAT'S, UM, SO THE TOP LEFT OF THAT PAGE, UM, THAT'S WHAT'S GOING OFF ONTO LAUGHLIN.
UM, WITH THAT PART OF THE, UH, IMPORTANT PART OF THAT DRIVEWAY IS FOR A FULL ACCESS TO BE ABLE TO MAKE A LEFT, UM, TO GO BACK EAST.
UM, SO THAT, THAT MEDIAN THAT WAS PROPOSED IN THE TIA HAD A SPLIT MEDIAN THAT IS VERY IMPORTANT TO QUICKTRIP TO HAVE IS THAT CONSISTENT WITH HOW WE, IT WOULD NEED TEXT APPROVAL, RIGHT.
SO YOU'RE GONNA HAVE TO GO THROUGH TEXT OFFER APPROVAL ANYWAY.
I DUNNO HOW LONG THAT'LL TAKE.
IN TTO, WE'VE BEEN WORKING WITH TDO, THEY GAVE US THE CONCEPTUAL APPROVAL AND THAT THEY'RE, THEY'RE WAITING ON THE CITY, THE CITY FOR FEEDBACK.
SO WE SUBMITTED THE TIA, UM, SO AND EVERYTHING HAS THE CITY'S REVIEWING IS IS THAT SPLIT ROADWAY CONSISTENT OF WHAT WE WANT FOR THAT LONG TERM LONG RANGE? I'M GONNA REFER TO OUR, UH, DIRECTOR OF
THAT WHOLE THING'S GONNA BE COMPLETELY REDONE.
THAT TEX DOT IT'S GONNA LOOK COMPLETELY DIFFERENT AND THEIR SUP CALLS FOR NOT BUILDING THIS THING UNTIL TEXDOT HAS COMPLETED THAT ROAD AND THAT CONNECTION.
SO AT, AT THIS MOMENT THERE IS, UH, THERE'S ONLY THE, THE TWO LANE ROAD, UH, BRIDGE RIGHT THERE IS NOW.
AND SO, UH, I'M NOT QUITE SURE IF THEY'RE TALKING ABOUT HAVING THIS CONNECTION ONLY AFTER TAXO BUILDS THIS, UM, THAT THE BRIDGE AND THAT'S, UH, THAT'S GONNA BE, I, WE DON'T KNOW THE EXACT TIMING OF THAT.
SO IT'S GONNA BE A LONG TIME POSSIBLY THAT WE'RE GOING TO HAVE TO, THIS SAP THAT'S NOT GOING TO, NOTHING'S GONNA HAPPEN FOR A WHILE.
IF WE'RE GONNA SAY THE SAP AND WHICH I WOULD RECOMMEND THAT WE DON'T HAVE THAT CONNECTION UNTIL THE, THE BRIDGE IS IMPROVED RIGHT THERE.
UH, UNLESS THERE'S SOMETHING ELSE THAT THEY'RE PROPOSING TO DO, WHICH AT THIS MOMENT I, I HAVEN'T HEARD ANYTHING AT THIS MOMENT.
HOW MUCH OF, IF, IF THEY WERE TO BUILD THIS SECTION OF IT, HOW MANY FEET APPROXIMATELY DO YOU HAVE ANY IDEA WOULD BE LEFT TO CONNECT IT TO WHAT THAT INDUSTRIAL PARK IS ALREADY BUILT? SO ON THE, ON THE NORTH SIDE OF THE, THERE'S THAT, UH, LANE TO THE NORTH THAT'S ALREADY BUILT.
SO IF YOU SEE THERE'S A LITTLE CURVED AREA RIGHT THERE, UH, THAT'S, UM, THAT'S WHERE THE EXISTING ROAD IS RIGHT NOW, UH, TO GET, BE ABLE TO GO UNDER,
[00:50:01]
UH, BACK TO THE FRONTAGE ROAD.SO I DON'T HAVE EXACT UH, DISTANCE FROM WHERE THE BRIDGE IS TO THIS DRIVEWAY AT THIS MOMENT, BUT IT'S SOMETHING WE CAN REVIEW AND WE CAN GET THE INFORMATION TO YOU WHEN WE GET THE, ALL THE INFORMATION FROM THEM.
WHEN YOU PRESENTED THE SUP AND SAID THAT Y'ALL WERE NOT GONNA BUILD THIS UNTIL TXDOT HAD COMPLETED THEIR CONNECTIONS, THAT IS WHAT WE DID, DID THAT MEAN TEX LIKE HE JUST SAID, DOES THAT MEAN TDOT FINISHING THAT ACCESS OR THAT BRIDGE BECAUSE THEY WERE GONNA DO IT ALL AT THE SAME TIME.
I'M SURE LIKE THEY'RE DOING O WHEELER ROAD NOW, HOW THEY DID BUTCHER ROAD BEFORE THAT.
THAT'S WHAT'S COMING HAPPEN HERE, RIGHT.
WHEN THEY DO IT AND THEY'RE NOT JUST GONNA DO THAT ACCESS ROAD, THEY'LL END UP DOING ALL OF IT, RIGHT? UM, I MEAN I GUESS OUR PLAN, CAN YOU COME TO THE MICROPHONE PLEASE? OUR PLAN WOULD BE TILL IT'S, UH, MOSTLY BUILT OUT.
I MEAN IT MAY NOT BE A HUNDRED PERCENT, UM, BUT AT LEAST CLOSE TO AND WE, WE WOULD GET STARTED WELL BEFORE THAT IF WE COULD AIM TO OPEN OUR STORE AS THAT ROADWAY IS IS FINISHING UP AND WRAPPING UP, UM, WHEN THERE'S NOT MAJOR CONSTRUCTION STILL GOING ON, THAT WOULD BE IDEAL.
UM, BUT WE JUST DON'T WANT TO OPEN A BRAND NEW STORE IN THE MIDDLE OF CONSTRUCTION SITE ESSENTIALLY OR SOMETHING THAT'S GOING TO BE PUT INTO CONSTRUCTION SHORTLY AFTER OPENING.
SO I GUESS BECAUSE WHAT MR. SMITH'S ASKING IF YOU GUYS ARE WILLING TO BUILD, TO FINISH UP THE CONNECTION.
SO IT'S CONNECTABLE Y'ALL I'M ASSUMING AREN'T GONNA OFFER TO PAY WHAT TEX DOT'S GONNA DO AT SOME POINT ANYWAY.
WELL, BUT I'M NOT EVEN REFERRING TO THE BRIDGE CONNECTION.
IT'S, IT'S, IT'S THE LOFLIN CONNECTION TO THE SERVICE ROAD THAT WE HAVE THAT, THAT GAP OF REALLY CRAPPY ROAD TO CONNECT TO WHAT THOSE NO, THAT'S WHAT I'M TALKING ABOUT AS BEING THE HOLE.
THAT WHOLE LITTLE BUT TEX DOT'S NEVER GONNA BUILD THAT PART.
SO THAT'S, THAT'S OUR, THAT WAS T THAT WAS TDOT'S EASEMENT.
THAT'S WHAT THE DISCUSSION WAS WHEN WE DID THE BAKERY.
JAMES, DID THEY NOT TELL US THAT WE HAD TO DO THAT CONNECTION? SORRY, THERE'S CONFUSION UP HERE.
SO AT, AT THIS MOMENT WHAT'S SPILLED OUT THERE IS WHAT IS GONNA BE UNTIL WE ACTUALLY THE BRIDGE HAPPENS.
AND SO ACTUALLY WE ARE MEETING WITH, UH, THE, ONE OF THE DEVELOPERS, UH, TO TALK ABOUT POSSIBLE CHANGES TO THAT.
BUT, UH, I DON'T KNOW WHAT THAT CHANGES ARE AT THIS MOMENT.
BUT AS FAR AS RIGHT NOW, WE BUILT WHAT WE HAD TO BUILD UNTIL THE BRIDGE IS CONSTRUCTED.
THE LAUGHLIN CONNECTION, NOT THE BRIDGE THAT, THAT LITTLE MM-HMM
PART THAT CONNECTS TO THE SERVICE ROAD.
UM, WHEN THE BAKERY WAS UP HERE AND WE LOOKED AT THAT, DIDN'T YOU SAY THEN THAT THAT TDOT PUT, PUT THE CONNECTION POINT OF THAT ON US AND THAT TTO WILL NOT MAKE THAT CONNECTION FROM THE FOUR LANE THAT'S THERE TO THE SERVICE ROAD? CORRECT.
BECAUSE BASICALLY WE HAVE TO WAIT TILL THE BRIDGE IS BUILT AND TO BE ABLE TO MAKE THE ADDITIONAL CONNECTIONS UP THERE.
SO, SO WE'RE GONNA NEED THAT CONNECTION TO WHAT? TO TO THE FOUR LANE THAT'S IN PLACE RIGHT NOW.
WE'RE GONNA NEED THAT CONNECTION REGARDLESS.
RIGHT? WHAT FOR, FOR THIS RIGHT HERE, FOR THIS DEVELOPMENT RIGHT HERE FOR ANY OF THE DEVELOPMENT, WHAT, WHAT, WHAT I'M TRYING TO GET AT IS, IS THAT ONE OF THE MAIN ISSUES WITH THE BAKERY WAS THE TRUCK TRAFFIC GOING ON GOING FROM THE FOUR LANE ROAD TO THE CRAPPY ROAD.
WE HAVE TO BUILD THE CRAPPY ROAD, CORRECT? RE SO REGARDLESS OF ANYTHING ELSE WE HAVE TO BUILD, WE HAVE TO BUILD THAT OUT, RIGHT? SO BASICALLY WHAT I'M GONNA SAY, WE DON'T HAVE AUTHORITY TO GO INSIDE TEXTILE RIGHT OF WAY TO BUILD ANYTHING INSIDE TEXTILE RIGHT OF WAY.
SO WE DON'T HAVE THAT AUTHORITY TO DO THAT.
SO THAT'S WHY THEY DID WHAT THEY DID RIGHT THERE TO BE ABLE TO CONNECT TO THE TEXTILE, UH, ROADS RIGHT THERE.
SO WHERE THAT STOPS IS T DOCK RIGHT OF WAY.
SO BASICALLY WHERE YOU HAVE THAT, UH, THAT CURVE ON THE ROAD TO BE ABLE TO GO BACK INTO THE FRONTAGE ROAD, THAT'S THE ALL TEXT DOTS RIGHT OF AWAY RIGHT THERE.
SO WHERE THE CONCRETE STOPS OVER TO THE LOFLIN BRIDGE, ALL OF THAT IS, OR NOT ALL OF THEM, ESPECIALLY LOOP.
I CAN COME HERE, THIS IS RIGHT AWAY RIGHT HERE, BUT THEY DID A TRANSITION TO BE ABLE TO CONNECT TO THIS EXISTING JUG HANDLE.
SO ALL THIS IS ATTACHED ON THE RIGHT OF WAY AND THEY'RE LOOKING AT ACTION OVER HERE BY THIS CURVE ON, RIGHT, BUT JAMES, WHENEVER THEY REDO THE BRIDGE, ARE THEY GONNA, IS TEXTILE ALSO GONNA REDO THAT JUG HANDLE THAT GOES DOWN TO THE SERVICE ROAD? SO BASICALLY WHAT THEY'RE GONNA DO IS ACTUALLY HAVE THE MAIN LANES GO ABOVE THE, THE LOUGHLIN LOCK UNDERNEATH.
SO BASICALLY THEN THERE'LL BE FOUR LANES AND IT'S GONNA CONNECT ROAD 15 FOUR LANE
BUT THEN THE JUG HANDLE THAT COMES DOWN TO THE SERVICE ROAD, ARE THEY GONNA REPLACE THAT? LIKE THEY, 'CAUSE THEY AT BUTCHER ROAD, THEY REPLACED ALL THAT.
SO THEY'RE GET RID OF THE, THE JOB HANDLE SIMILAR TO WHAT THEY DID AT BUTCHER ROAD, BUT ARE THEY GONNA BUILD THAT ROAD OR ARE WE GONNA BE RESPONSIBLE FOR BUILDING ANY OF IT? SO THEY'RE GONNA BE BUILDING THE, THEIR, THE PORTION OF THE ROAD ALL TO THE PROPERTY LINE AND THEN WE MIGHT HAVE TO DO A LITTLE CONNECTION RIGHT THERE, UH, FOR THE DISTANCE WHERE
[00:55:01]
BETWEEN THE TEXTILE PROPERTY OUR ROAD.BUT IT'S JUST A SMALL SECTION.
THAT'S THE CONNECTION POINT THAT I'M AFTER.
WILL Y ALL BUILD THAT CONNECTION POINT? UM, TOMMY
UH, THE SCHEMATICS THAT WE'VE GOTTEN FROM TDOT ARE REALLY PRELIMINARY, UM, TEXTILES PROBABLY GONNA BUILD IT.
SO RIGHT NOW THEY'RE SHOWING CONNECTING TO OLD LOUGHLIN ROAD BEFORE YOU GUYS IMPROVED IT.
BUT MY EXPERIENCE WORKING WITH THEM IS THEY'RE PROBABLY GONNA GO AHEAD AND CONNECT IT TO Y'S ROADWAY.
IF THEY DON'T, WOULD THE QT DEVELOPMENT GROUP MAKE THAT? THAT'S SOMETHING WE CAN CONNECTION POINT.
I CAN'T MAKE THAT COMMITMENT HERE AT THE PODIUM TO YOU TONIGHT, BUT THAT'S SOMETHING WE'LL, WE'LL LOOK AT AND, AND SEE.
MAKE SURE IT'S NOT A, AN UNREASONABLE COST AND AND WE WILL LOOK AT IT FOR SURE.
OKAY, SO IF WE WERE TO TABLE THIS, COULD YOU GET THAT ANSWER AND STAFF CAN REVIEW EVERYTHING AND YES SIR.
I'D BE, LET ME ASK ONE OTHER QUESTION.
WOULD IT BE POSSIBLE TO BUILD THAT AND, AND JUST USE, USE, UH, ENTRY AND EXIT OFF OF THE SERVICE ROAD UNTIL THAT ROAD COULD BE FINISHED? UH, FOR, FOR QT I DON'T BELIEVE THAT WOULD WORK FOR THEM.
UM, JUST OPERATIONALLY THEY NEED MULTIPLE POINTS OF ACCESS.
THEY'RE IN SURE CONVENIENCE BUSINESS AND UM, THAT THEY WOULD NEED MULTIPLE POINTS OF ACCESS.
SO Y'ALL UNDERSTAND THAT IT'S GOT, IT HAS TO BE FINISHED.
I MEAN, YOU JUST SAID Y'ALL NEED ANOTHER ENTRY EXIT POINT.
SO, UM, AND THAT'S KIND OF WHERE WE'RE AT AND THAT'S WHY WE'VE DENIED OTHER THINGS ON THAT ROAD, UH, BECAUSE THAT IT, IT BECAUSE IT WASN'T FINISHED.
OUR GOAL IS NOT TO BUILD THIS QT TOMORROW OR OR NEXT WEEK.
IT'S TO WAIT UNTIL THE, THE TDOT IMPROVEMENTS HAVE COME THROUGH.
UM, AND WE UNDERSTAND THAT TIMELINE IS WITH EVERYTHING WITH TDOT IS ALWAYS MOVING AROUND.
UH, BUT THEIR GOAL IS TO BUILD IT WHEN TDOT IS SUBSTANTIALLY COMPLETE WITH THAT WORK.
SO WE UNDERSTAND IT'S NOT A GREAT CONNECTION POINT TODAY MM-HMM
BUT THAT'S NOT THEIR GOAL TO, TO INSTALL THAT AT THAT POINT.
BUT WITH THE SUP YOU WOULD GO AHEAD AND PURCHASE THE LAND SO THEN WHENEVER THEY GET TO THAT POINT, YOU DON'T HAVE TO COME BACK.
YOU CAN JUST GO THAT IS CORRECT.
SO WHAT KIND OF EXTENSION ARE Y'ALL LOOKING FOR TONIGHT? UH, HOWEVER LONG STAFF NEEDS.
SO WE'VE BEEN WORKING WITH THEM FOR SEVERAL MONTHS.
UM, I KNOW ONE OF STAFF'S BIG CONCERNS THAT REALLY WASN'T DISCUSSED WAS THE APPROVAL LETTERS FROM SOME OF THE OTHER AGENCIES.
UM, WE GOT SOME OF THOSE, WE GOT ONE OF THOSE RIGHT BEFORE THE P AND Z MEETING AND THEN BEING OUTSIDE AGENCIES.
WE'VE BEEN WORKING WITH THEM FOR MONTHS TO GET THAT APPROVAL ON A SEWER EXTENSION WE HAVE TO DO TO THE NORTH.
SO ONE OF THOSE WAS WITH ENCORE AND WE HAVE THE DOCUMENT READY TO SIGN, BUT IT NEEDS TO BE SIGNED AND NOTARIZED AND FILED AND WE JUST DIDN'T HAVE ENOUGH TIME TO GET THAT FROM WHEN WE RECEIVED IT THE DAY WE WENT TO P AND Z TO TONIGHT.
BUT WE SHOULD BE ABLE TO HAVE THAT IN A COUPLE WEEKS.
BUT I DO THINK IT'D BE OUR PREFERENCE TO GO BACK TO, TO PNZ TO, TO RE-LOOK AT THIS CASE.
I UNDERSTAND COUNCIL MEMBER SMITH, YOU DON'T THINK IT'S NECESSARY, BUT BEING THAT WE WERE DENIED BECAUSE OF SOME OF STAFF'S CONCERNS, I THINK IT'D BE GOOD FOR US TO GO BACK IN FRONT OF PNZ AND HOPEFULLY WHEN THEIR APPROVAL AS WELL AND COME TO COUNCIL WITH, UM, WITH THEIR APPROVAL AS WELL.
I DON'T SEE HOW IT HELPS YOU ANY 'CAUSE THEN WE GOTTA DENY YOU AND YOU GOTTA START ALL OVER IN THE PROCESS.
NO, WE JUST GIVE 'EM A CONTINUANCE NOT TO GET 'EM BACK TO P AND Z.
WELL THE WAY P AND Z WORDED IT TO THOSE GUYS, THEY SAID, CAN YOU ASK FOR A DELAY SO THAT YOU CAN GET THIS RIGHT OR DO YOU WANT US TO TURN YOU DOWN TONIGHT BECAUSE YOU DON'T HAVE ALL THE PAPERWORK
SO THEY BASICALLY INTIMATED THAT, HEY, AS LONG AS YOU GET ALL THIS IN AND WE'RE NOT OPPOSED TO IT, WE'RE JUST WAITING FOR ALL THE PAPERWORK TO GET TURNED IN AND EVERYTHING BE RIGHT WITH PNZ OR THE PLANNING GUYS.
SO TERRY, HOW DO, HOW DO WE WORD THIS TO GET 'EM WHERE THEY NEED TO BE IS MORE THEY NEED TO BE AT THE PNZ? NO.
NO, THERE'S NO REASON TO GO BACK TO PNZ.
UM, PZ IS EXPECTING THEM TO COME BACK, BUT THERE'S NO REASON TO GO BACK.
BUT THERE THERE IS, THERE IS ONE DIFFERENCE.
AND THAT IS IF THEY GO BACK TO PNZ AND GET APPROVAL, IT COMES TO COUNCIL FOR JUST A RUDDER MAJORITY VOTE.
IF WE, IF WE KEEP THE CURRENT PNZ DENIAL, WHENEVER IT COMES BACK TO YOU POSTPONE IT, IT'S STILL GONNA REQUIRE A SUPER MAJORITY VOTE.
THAT'D BE THE THE ONE DISTINCTION THAT I WOULD SEE.
BUT IF THEY, AND I, I GET THAT PART.
MY, MY QUESTION I GUESS FOR COUNCIL IS IF THEY CHECK THE BOXES AND THEY PROVIDE THE INFORMATION AND THE CITY STAFF STAMPS IT, UNLESS THERE'S A QUALM OF SOMEBODY HASN'T BROUGHT UP, WHY WOULD IT NOT GET SUPER MAJORITY? THAT'S KIND OF WHERE I'M AT.
I MEAN IT, I HAVEN'T HEARD ANY, ANY OTHER QUALMS AGAINST THE GAS STATION BE IN THERE OR NOT BE IN THERE? IT'S A, I DON'T KNOW, BUT I WOULDN'T TAKE MY CHANCES.
'CAUSE LIGHTNING MIGHT STRIKE YOU TOMORROW AND SOMEBODY ELSE WILL BE SITTING IN YOUR SEAT WHEN THEY COME BACK.
[01:00:01]
WOULDN'T TAKE MY CHANCES.I'D GO BACK TO PNC SO I WOULDN'T HAVE TO HAVE A SUPER MAJORITY.
THAT'S GONNA DELAY Y'ALL SIGNIFICANTLY THOUGH.
WE, WE WERE ABLE TO GET MORE TIME.
I KNOW I'M ALREADY, WE'RE OKAY WITH THAT.
THEY GOT THREE YEARS TAKE STOCK.
THEY'RE WAITING ON TECH STOCK.
IF THEY'RE TRYING TO GET THE SALES CONTRACT CLOSED AND THEY'RE HAVING TO GO BACK TO P AND Z, IT'S JUST GOING TO, HEY, I LOVE YOU.
THIS WAS SUPPOSED TO BE QUICK.
SO, UH, I MOVE TO, UM, LET ME SEE, LET ME HANG, HANG ON A SECOND.
SUSPEND, ISN'T IT TO GRANT A CONTINUANCE, CORRECT? YEAH.
TO, TO BRING IT BACK TO COUNSEL, YOU HAVE TO GRANT A CON MOVE TO POSTPONE CONSIDERATION OF IT AND YOU HAVE TO HAVE A SPECIFIC DATE THAT'S TO COME BACK TO COUNSEL.
BUT IF YOU WANNA SEND IT BACK TO P AND Z, YOU'VE GOT YOU MOTION.
YOU CAN DO IT, YOU CAN DENY IT.
THEN GOES, IT GOES BACK TO P AND Z WITH AN AS A NEW APPLICATION, YOU CAN REMAND IT BACK TO THE PLANNING AND ZONING COMMISSION FOR THEIR CONSIDERATION FOR, AND THAT'D BE ONE THING YOU COULD DO TOO.
AND THEN IT GETS ON A P AND Z AGENDA AT THAT POINT IN TIME WHEN THEY'RE READY TO, WHEN THEY HAVE THE DOCUMENT.
SO, SO WHAT I, WHAT I DON'T WANT TO DO IS CAUSE MORE PROBLEMS. SO IF WE DENY THIS AND JUST SAY, START OVER, HE SAID REMAND, REMANDING IT, REMANDING IT IS PRETTY MUCH THE SAME AS THEIR MAD MAYOR.
I MOVE TO REMAND ZDC 17 20 25.
A SPECIFIC EAST PERMIT FOR CONVENIENCE STORE AND GASOLINE SALES, UH, BACK TO P AND Z FOR CONSIDERATION AT A LATER DATE AS SET BY THE APPLICANT AND AGREED TO IT BY STAFF.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[17. Consider Development Agreement for ZDC-17-2025]
ITEM.CONSIDER DEVELOPMENT AGREEMENT FOR ZDC 17 20 25.
[18. Public Hearing on a request by Joey Scott, Stephens Engineering, for a Specific Use Permit (SUP) for a Self-Storage Facility use within a General Retail zoning district located at 51 Indian Drive (Property ID 295119) - Owner: Buffalo Creek Plaza, LLC (ZDC-231- 2024)]
IS A PUBLIC HEARING ON A REQUEST BY JOEY SCOTT STEVENS, ENGINEERING FOR A SPECIFIC USE PERMIT FOR A SELF STORAGE FACILITY USED WITHIN A GENERAL RETAIL ZONING DISTRICT.LOCATED AT 51 INDIAN DRIVE OWNER BUFFALO CREEK PLAZA, CDC 2 31 DASH 2024.
YEAH, I, I LEARNED MY LESSONS.
I'M GONNA TRY TO DRAG THIS ONE OUT FOR ALL OF YOU.
UM, PROPOSED REQUEST TO LOOK AT 51 INDIAN DRIVE.
UH, THEY'RE REQUESTING SPECIFIC USE PERMIT WITHIN THE GENERAL RETAIL DISTRICT FOR STORAGE FACILITY USE.
THE PROPERTY IS CURRENTLY UNDEVELOPED.
THE PROPOSED USE IS CONSISTENT WITH THE SURROUNDING AREA.
UM, THE SURROUNDING AREA IS SINGLE FAMILY THREE TO THE BA UH, TO THE REAR OF THE PROPERTY.
AND THEN SIMILAR GENERAL RETAIL, COMMERCIAL, UH, SURROUNDING THE MA UH, SURROUNDING THE MAJORITY OF THE PROPERTY, UM, WITH THIS PROPOSED REQUEST.
SO WE'VE BEEN WORKING WITH, UH, THE APPLICANT FOR QUITE A LONG TIME, UM, WORKING THROUGH VARIOUS RE UH, REITERATIONS, UH, SITE DESIGN, ELEVATIONS DESIGN.
UM, AND WE FEEL THAT AS WE WORK THROUGH THIS PROCESS, WE'VE GOT TO A POINT THAT IT'S GONNA BE THE BEST USE FOR THIS, FOR THIS PROPERTY.
UM, WE WORKED ON WITH THEM, UH, SETBACKS, UH, HOW THE BUILDING WOULD FACE INDIAN DRIVE.
WE ALSO WORKED ON, UH, THE ELEVATIONS ARCHITECTURAL CONTROLS, UM, YOUR TYPICAL STORAGE UNIT.
UM, WHEN THEY ARE DEVELOPING, UH, THEY'RE PRETTY BASIC.
UH, MAJORITY OF THIS, UH, FACILITY IS GONNA BE, IS GONNA BE, UM, CLIMATE CONTROLLED.
THE ARCHITECTURAL ELEMENTS THAT THEY'RE HAVING THAT FACES INDIAN DRIVE, UM, ALMOST LOOK LIKE AN AN OFFICE OR RETAIL FRONT OF HOW IT'S DESIGNED.
IT'S NOT DESIGNED TO, IT'S DESIGNED WITH LIMITED VISIBILITY OF THE ACTUAL STORAGE UNITS.
UM, AND THAT WAS DONE BY DESIGN, BY THE, UH, BY THE APPLICANT AND WHEN THEY WERE WORKING WITH STAFF.
UM, WHEN THIS WENT BEFORE PLANNING AND ZONING COMMISSION, UH, ONE THING THAT WAS DISCUSSED WAS THE, WAS LANDSCAPING PLANNING.
ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS PROPOSED REQUEST, UM, WITH ADDITIONAL LANDSCAPING IN THE FRONT TO, TO HELP SOFTEN THE FACADE EVEN MORE AND HELP, UM, WITH THE GENERAL RETAIL FILL OF THIS AREA.
UM, IN ADDITION, INSTEAD OF HAVING HARVEY
ONCE AGAIN, THIS, UH, WE DID NOTICE
[01:05:01]
ALL PROPERTY OWNERS WITHIN 200 FEET.ZERO CAME BACK IN OPPOSITION ZERO CAME BACK IN FAVOR WHEN THIS BEFORE PLAYING ZONING COMMISSION, THERE'S TWO OPTIONS THAT WERE GIVEN TO PLAN ZONING COMMISSION.
YOU HAVE, UH, YOUR OPTION A, WHICH IS A, THE, IT'S A, IT'S A DARKER BRICK IN FRONT AND, OR THAT'S OPTION TWO.
AND OPTION ONE WAS A LIGHTER BRICK IN FRONT.
UM, THE LIGHTER BRICK AND THE DARK BRICK WERE DR, UH, PULLED FROM VARIOUS, UM, DEVELOPMENTS IN THE SURROUNDING AREA TO BE CONSISTENT WITH THAT DESIGN.
AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.
ANYBODY THAT WANTS TO SPEAK ON THE SIDE, PLEASE COME TO THE PODIUM.
MY NAME IS BRAD TIDWELL, UH, 1 7 8 GEICO CIRCLE, SOUTH LAKE, TEXAS.
AND I AM THE DEVELOPER AND, UH, PURCHASER OF THE PROPERTY.
AND I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
ANYONE ELSE WANNA SPEAK ON THIS ITEM? SEEING NONE, I'LL CLOSE THE PUBLIC HEARING.
[19. Consider proposed Ordinance approving ZDC-231-2024]
CONSIDER PROPOSED ORDINANCE APPROVING ZDC 2 31 DASH 2024.GO AHEAD, MADAM MAYOR, I MOVE TO APPROVE ZDC 2 31 DASH 2024 SPECIFIC USE PERMIT FOR A SELF STORAGE FACILITY.
USE SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[20. Consider Development Agreement for ZDC-231-2024]
CONSIDER DEVELOPMENT AGREEMENT FOR ZDC 2 31 20 24.MADAM MAYOR, I MOVE TO APPROVE THE DEVELOPMENT AGREEMENT FOR ZDC 2 31 DASH 2024.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[21. Consider proposed Ordinance amending repealing existing Chapter 31, “Taxicabs,” of the City of Waxahachie Code of Ordinances by replacing it with a new Chapter 31, “Taxicabs and Limousines”]
CONSIDER PROPOSED ORDINANCE AMENDING, REPEALING EXISTING CHAPTER 31, TAXI CABS OF THE CITY OF WAXAHATCHEE CODE OF ORDINANCES BY REPLACING IT WITH A NEW CHAPTER 31 TAXI CABS AND LIMOUSINES.MICHAEL, UH, MAYOR, ACTUALLY, I'M GONNA TURN THIS ONE OVER TO, UH, UH, LEGAL COUNSEL.
UM, MAYOR AND COUNSEL, THIS IS, UH, AS A REQUEST CAME UP A MEETING OR TWO AGO WHEN, WHEN THE ISSUE CAME UP ABOUT TAXI CAB TAXI SERVICE IN THE CITY.
UM, WE WENT BACK AND LOOKED AT THE ORDINANCE.
THE ORDINANCE WAS INITIALLY ADOPTED IN 1947, AND THE LAST AMENDMENTS TO IT WERE IN THE MID SEVENTIES, SO IT KIND OF SCREAMED OUT FOR REVISION.
UH, SO WE, I WENT THROUGH AND, UH, MADE SOME REVISIONS.
FIRST OFF, INCLUDED, INCLUDED, UH, A PROCESS WHERE THAT YOU HAVE TO HAVE A LICENSE AND QUALIFY TO GET A LICENSE AND HAVE A PROCESS TO GO THROUGH FOR DETERMINING WHETHER A DRIVER IS AUTHORIZED TO DRIVE A TAXI OR A LIMOUSINE IN THE CITY.
UM, UH, WE ADDED LIMOUSINE SERVICE SINCE THAT'S ALSO, UH, A FAIRLY COMMON ADDITION OF OTHER ORDINANCES.
UH, IT STILL PROHIBITS CRUISING AROUND THE CITY, BUT IT DOES REQUIRE A PERMIT AND, UH, LICENSE FOR THE INDIVIDUAL DRIVERS AND GO THROUGH A PROCESS TO DETERMINE WHETHER THEY QUALIFY FOR IT.
AND THE ORDINANCE HAS REQUIREMENTS FOR QUALIFICATIONS.
UH, THE POLICE DEPARTMENT INVESTIGATES EACH APPLICANT TO PREPARE A REPORT ABOUT THE QUALIFICATIONS AND THE INDIVIDUAL WHO'S SEEKING AN APPLICA, UH, GONNA BE SEEKING A LICENSE.
AND IF A DENIED LICENSE IS DENIED, THEY HAVE AN APPEAL PROCESS THROUGH THE CITY MANAGER.
IT'S A QUICK PROCESS WITHIN 10 DAYS, THE DENIAL OF A LICENSE.
AND, UM, UH, THE CITY MANAGER WILL HOLD A HEARING AND THE APPLICANT CAN PRESENT EVIDENCE ABOUT WHY THEY ARE QUALIFIED UNDER THE ORDINANCE ITSELF.
UH, SOME OF THE THINGS IN THE, IN THE OLD ORDINANCE AND THEN THE VERY OLD ORDINANCE THAT AREN'T, UH, RETAINED ARE THE, THE FIXING OF RACE AND FAIR BY THE CITY COUNCIL.
UM, SOME CITIES DO DO THAT, BUT IT'S, IT'S, UM, IN THIS AGE OF UBER AND ET CETERA, IT'S, IT'S KIND OF A DIFFERENT, UH, UH, WORLD OUT THERE.
UM, AND THEN SOME OF THE CITATIONS, SOME OF THE ISSUES THAT WERE IN THE OLD, OLD ORDINANCE WERE, UM, IS SOMEONE NOT PAYING A FAIR THAT WE COULD FILE A CLASS C MISDEMEANOR THAT THEY, UH, INTENDED DO TO FRAUD THE DRIVER.
AND THAT'S, THAT'S ONE OF THOSE THINGS THAT'S ADVERSELY IMPOSSIBLE TO PROVE AND, AND A MUNICIPAL COURT CASE AND PROVE BEYOND A REASONABLE DOUBT.
SO SOME OF THOSE PROVISIONS ARE, ARE OBVIOUSLY, ARE OUTDATED.
UM, AND THERE ALSO WAS A, A GROSS RECEIPT TAX, WHICH HAS BEEN REPEALED AS WELL.
AND WE DON'T HAVE THE AUTHORITY TO,
[01:10:01]
TO, UH, TO, UH, IMPOSE THAT.SO I THINK THIS IS A MORE, CERTAINLY A MORE UPTODATE VERSION AND TOOK OUT THE ANTIQUATED PROVISIONS OF THE ORDINANCE AND ADDED A PROCESS FOR PEOPLE TO SEEK A LICENSE AND HAVE QUALIFICATIONS FOR THAT LICENSE BEFORE THEY CAN DRIVE A TAXI OR A LIMOUSINE IN THE CITY.
I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU, YOU HAVE.
AND THE MAYOR, MAYOR, YOU HAD ONE, ONE QUICK CHANGE ON, ON THE, UM, UH, ON THE DRAFT ORDINANCE.
AND, UH, IT WAS ABOUT THE, UM, I, I ADDED SOME LANGUAGE TO IT THAT WOULD ADDRESS THAT.
IT WOULD BE ON, IN SECTION IS ON PAGE SEVEN OF THE ORDINANCE ABOUT THE THINGS THAT WOULD, WOULD REQUIRE, UH, THE POLICE DEPARTMENT TO DENY AN APPLICATION, FOR EXAMPLE, UH, A CONVICTION IN FIVE YEARS OR IN THE LAST FIVE YEARS THAT DWI ARE UNDER THE INFLUENCE OF DRUGS OR HAVING A FELONY OFFENSE AGAINST YOU AND YOU REQUEST IT, AND I'M HAPPY TO ADD, OR IF YOU'VE BEEN SUBJECT TO AN ORDER OF DEFERRED ADJUDICATION IN THAT SAME TIME PERIOD, THAT ALSO BE A DISQUALIFIER.
SO AGAIN, IF THERE ARE ANY QUESTIONS I'VE, I'VE SENT THIS TO CHIEF TO, TO MICHAEL, TO ALBERT FOR REVIEW AND COMMENTS AS WELL.
SO I THINK, I THINK WE HAVE A PRETTY GOOD ORDINANCE FOR YOU, AND I ALSO SENT YOU A MEMORANDUM ABOUT SOME OF THE ISSUES, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
COUNSEL, YOU HAVE ANY QUESTIONS? YEAH, TWO, TWO FOR TERRY.
FIRST ONE'S PRETTY STRAIGHTFORWARD.
I, I DON'T SEE WHERE, WHERE IT, OR THIS INCLUDES LIKE A PARTY BUS RENTAL.
IS THAT, DOES THAT KIND OF FALL UNDER LIMOUSINE BY DEFINITION? OR IS IT BECAUSE THAT'S A GROWING POPULARITY TYPE OF THING? UM, SO DO WE NEED TO ADD? WELL, I DON'T KNOW HOW THAT WORKS.
I, I HONESTLY GIVE THAT SARAH THOUGH, WITH OUR DEFINITION OF LIMOUSINE, UM, I, I, I DON'T THINK THAT WOULD QUALIFY AS A LIMOUSINE.
SO I THINK, I THINK IF WE WANT TO ADD THAT I CAN ADD SOME LANGUAGE THAT WOULD INCLUDE THAT TYPE OF VEHICLE.
UM, AND, AND AGAIN, IN BOTH OF THESE WERE, WERE, WERE GIVING, UM, THE PROBLEM WE'VE HAD, I'VE HAD WITH THIS ORDINANCE, AND TRY TO NARROW IT DOWN TO US, IS WE HAVE PEOPLE WHO COME INTO TOWN WHO, WHO COME FROM SOMEWHERE ELSE, MAY BE IN THE CITY PICKING UP SOMEONE AND MAY LEAVE THE CITY, AND THEY HAVE NO FACILITY OR CONNECTION HERE AT ALL.
I MEAN, LIKE AN UBER'S A PERFECT EXAMPLE.
THEY COME, THEY DROP SOMEBODY OFF, THEY LEAVE.
AND, AND SO, AND FOR BOTH TAXIS AND LIMOUSINE SERVICES, THEY HAVE TO HAVE SOME FACILITY HERE IN THE CITIES.
IF, IF THEY'RE ON A PARTY BUS COMING FROM ANOTHER CITY, I DON'T THINK WE HAVE THE ABILITY, I MEAN, WE'D HAVE TO LITERALLY STOP THEM AND SAY, ARE YOU REGISTERED HERE IN THE CITY? AND THAT'S, THERE'S SOME, OBVIOUSLY SOME ISSUES WITH THAT.
IF THERE'S ONE, THERE'S ONE THAT YOU, THAT WE BELIEVE IS FUNCTIONING IN THE CITY, OPERATING IN THE CITY AND HAS A FACILITY HERE, I CAN CERTAINLY GO BACK AND ADD THAT.
IF IT'S NOT A PROBLEM RIGHT NOW, IF IT, IF IT BECOMES A PROBLEM, WE CAN ALWAYS ADD AND AMEND THE ORDINANCE.
UM, I, I DON'T, I DON'T KNOW OF ANY, IT WAS JUST THAT KIND OF, BUT THEY SOMETIMES POP UP QUICKLY.
DOES THAT
UM, WITH IT BEING JUST IN THE PAST FIVE YEARS, I, UNLESS I, I MIGHT'VE MISSED IT, BUT DID, DID WE NOT HAVE ANYTHING IN THERE ON THAT? DIDN'T HAVE A TIMELINE.
LIKE IF IT WAS A VIOLENT CRIME, CRIME INVOLVING CHILDREN OR ANYTHING LIKE THAT, THAT WOULD BE A PERMANENT NO CHANCE YOU EVER GET CERTIFIED HERE.
UM, WE HAVE THE FIVE YEAR LIMITATION FOR A FELONY.
I MEAN, AGAIN, THERE'S, IF WE WANTED TO EXTEND THAT TO A LARGER, LONGER PERIOD OF TIME, I, I THINK WE, THAT THAT'S, THAT'S OUR OPTION ON THAT.
SO WE WANNA DO, FOR EXAMPLE, 10 YEARS.
I DON'T HAVE A PROBLEM WITH THAT.
I DON'T KNOW IF WE MAY NECESSARILY MAKE A LIFETIME BAN, BUT, UM, IF YOU, IF YOU'D WANTED ME TO CHANGE THAT TO, TO EXTEND THAT TO 10 YEARS, I, I, I HAVE NO PROBLEM DOING THAT.
I, I LOOKED AT A LOT OF OTHER TAXI CAB ORDINANCES AND NOT SURPRISINGLY, THEY ALL HAVEN'T BEEN LOOKED AT FOR QUITE A WHILE.
YOU CAN TELL, UM, EL PASO HAD ONE THAT WAS PROBABLY MORE CURRENT THAN MOST.
AND, AND, AND THE FIVE YEARS LIMITATIONS SEEM TO BE A FAIRLY COMMON COMMON THREAD THROUGHOUT THE ORDINANCES.
BUT AGAIN, A LOT, A LOT OF THEM ARE OLD TO HAVE, I MEAN, FOR EXAMPLE, WE HAVE A $10,000 INSURANCE REQUIREMENT AND WITH A MAXIMUM CAP OF 20,000, WHAT, OBVIOUSLY WE'RE GONNA CHANGE THAT.
BUT IF WE WANNA GO FROM FIVE TO 10 YEARS OR, OR I, I, I'D BE OKAY WITH THAT, SIR.
MAKING THAT, THAT, THAT CORRECTION TO THE ORDINANCE.
I WOULD, I I MEAN, I WOULD ALMOST SAY THAT IF, I MEAN, IF YOU'RE CONVICTED OF A FELONY THAT'S A VIOLENT CRIME OR INVOLVING NEGLIGENCE OF A CHILD IN SOME WAY, ANY OF THOSE THINGS THAT THEY COULD BE POTENTIALLY CONTRIBUTED TO TRAFFICKING,
[01:15:02]
I DON'T WANT TO, I DON'T WANNA BE THE ONES TO CERTIFY THEM.I MEAN, THAT'S A WE'RE TO TRUST SOMEBODY THAT THAT'S, THAT'S BEEN CONVICTED OF, I MEAN, JUST SAY RAPE TO DRIVE AROUND, SAY OUR, OUR RESIDENCE IF YOU'RE A REGISTERED YEAH.
WELL, ANYBODY'S BEEN TO BE A REGISTERED OFFENDER, YOU HAVE TO GET CONVICTED.
SO WE COULD ADD SOMETHING, UH, IF YOU WANT.
I MEAN, I HAVE NO HESITATION IN ADDING IF YOU'VE BEEN CONVICTED OF A SEXUAL ASSAULT OFFENSE, A CHILD A, A A, AN ASSAULT OFFENSE INVOLVING A MINOR OR SEXUAL ASSAULT INVOLVING A MINOR, SOMETHING OF THAT NATURE.
I, I'M, I'M HAPPY TO DO THAT AS WELL.
I MEAN, WE, WE CERTAINLY DON'T WANT PEOPLE CRUISING THE COMMUNITY, COMMUNITY SEX OFFENDER.
I THINK ANYTHING IF, IF, IF IT'S A FELONY INVOLVING A SEX ACT OF ANY KIND, I MEAN, 10 YEARS ISN'T ENOUGH FOR ME.
BUT IF, IF, IF THAT'S WHAT EVERYBODY ELSE WANTS, THAT'S, THAT'S BETTER.
UM, ANY OF THE VIOLENT CRIMES, I MEAN THAT, I'LL GO WITH WHATEVER Y'ALL WANT TO GO WITH.
DID YOU ALSO WANT LIKE, UH, UH, AN OFFENSE INVOLVING A WEAPON? I WOULD THINK SO, YEAH.
CHIEF, YOU GOT ANY INPUT ON THAT? GUYS ARE A TOUGH CROWD.
I MEAN, I'D GO AS FAR AS THEY WE'RE JUST TRYING TO MAKE YOUR JOB EASIER, BEEN, BEEN CONVICTED OF STALKING OR HAVE A RESTRAINING ORDER.
I MEAN THAT IT'S GETTING IN THE WEEDS SOME, BUT I MEAN IT, LET, LET ME, LET ME DO THIS, IF THAT'S OKAY.
I MEAN, I, I HAVE THE MAYOR'S COMMENT ON THE, UM, I MEAN, 'CAUSE THIS IS A TIME TO GET INPUT.
BEFORE WE APPROVE ANYTHING, I WOULD LIKE TO COME BACK WITH TO YOUR NEXT MEETING AND GIVE YOU, BECAUSE REALLY ALL WE'RE CHANGING ARE THE, ARE THE CRIMINAL OFFENSES THAT WOULD PROHIBIT YOU FROM GETTING A LICENSE.
LET ME DO SOME WORK ON THAT AND UH, COME BACK IN THE NEXT MEETING WITH THAT IF THAT'S OKAY WITH YOU.
AND, UH, TAKE THE DIRECTION I I'M GONNA ASSUME THE REST OF THE ORDINANCE IS OKAY.
WE JUST WANT TO KIND OF BEEF UP THE, UH, UH, THE REASONS FOR NOT ISSUING A LICENSE.
SO WOULD THAT BE A TABLE? YEAH, IT'D BE A MOTION TO, TO POSTPONE IT TO THE, SEND IT BACK TO P AND Z
YOU GOT IT? IF YOU WANNA TRY ONE.
UH, MADAM MAYOR, I MOVED TO OPEN MY PHONE SO I CAN CHECK THE DATE.
MADAM MAYOR, I MOVED TO TABLE.
UM, THE REVIEW OF ORDINANCE REPEALING EXISTS EXISTING CHAPTER 31 TAXI CABS AND REPLACING IT WITH CHAPTER 31 TAXI CABS AND LIMOUSINES TO OUR MAY 5TH MEETING.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[22. Consider Contract with SSC Signs & Lighting LLC for Park Identification Signage and Threshold Gateway Sign at Bynum Plaza]
CONSIDER CONTRACT WITH SSC SIGNS AND LIGHTING LLC FOR PARK IDENTIFICATION, SIGNAGE AND THRESHOLD GATEWAY.UM, YEAH, SO THE ITEM IN FRONT OF YOU TONIGHT IS TO CONSIDER A CONTRACT WITH SSC SIGNS AND LIGHTING FOR THE, UH, PARK FIC IDENTIFICATION SIGNS AND GATEWAY THRESHOLD AT BYNUM PLAZA.
THIS IS TO REPLACE 21 PARK SIGNS AS WELL AS CONSTRUCT A GATEWAY THRESHOLD SIGN AT BYNUM PLAZA.
UM, I'D LIKE TO ADD THAT THIS PROJECT DID COME IN WELL UNDER BUDGET OF TO, UM, THE BUDGET AMOUNT WAS 275,000.
SO IF IT DID COME IN WITHIN BUDGET, UM, AND I'D BE HAPPY TO ASK, ANSWER ANY QUESTIONS YOU MIGHT HAVE TONIGHT.
IS THAT AN EXAMPLE? YES, I'M SORRY.
THIS IS AN EXAMPLE OF THE PARK IDENTIFICATION SIGNS AND THEN WITHIN YOUR PACKETS YOU SHOULD HAVE AN EXAMPLE OF THE, UH, THE GATEWAY SIGN.
BUT I BROUGHT SOME COPIES IF YOU WANT ME TO SHARE THOSE WITH YOU ON THE ITEM PLAZA.
I DON'T KNOW IF Y'ALL HAVE THOSE OR NOT.
EXCELLENT JOB ON COMING IN UNDER BUDGET.
I THOUGHT SOMEBODY WOULD APPRECIATE THAT WE HEARD IT.
ANY DISCUSSION? COUNSEL? IT'S A LOT CHEAPER THAN $795,000 FOR THAT OTHER ONE.
MR. ALL DISCUSSION WILL ENTERTAIN A MOTION.
MADAM MAYOR, I MOVE TO APPROVE THE CONTRACT WITH THE SSC SIGNS
[01:20:01]
AND LIGHTING LLC IN THE AMOUNT OF $192,302 AND 16 CENTS FOR THE PRODUCTION AND INSTALLATION OF PARK SIGNAGE AND A GATEWAY THRESHOLD SIGN AT BONHAM PLAZA AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS.ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[23. Discuss and consider removal of Park Board Members in accordance with Ordinance No. 3353, Section (c) Attendance Requirements]
NEXT ITEM.DISCUSS AND CONSIDER REMOVAL OF PARK BOARD MEMBERS IN ACCORD IN ACCORDANCE WITH ORDINANCE NUMBER 33 53 SECTION C, ATTENDANCE REQUIREMENTS.
EVERYBODY HAVE A CHANCE TO LOOK AT THE ATTENDANCE ON THE, UH, THREE MEMBERS OF THE PARK BOARD? YES MA'AM.
EXPLANATION OF THE, UH, THE ABSENCE? ANY DISCUSSION? WELL, I'M THE LIAISON TO THE PARKS BOARD AND IT, IT WAS SOMETHING THAT I THINK I BROUGHT TO YOUR ATTENTION A WHILE BACK.
UM, I JUST FELT LIKE WE'D NEVER MEET.
IT'S LIKE HIT OR MISS AND IF WE DO MEET, IT'S NOT A FULL GROUP.
UM, SO I THINK IT WAS JAMIE, NOT AMBER.
I THINK JAMIE SENT, SENT, SENT OVER LIKE THE LIST THEN AND WE HAD MISSED SEVERAL.
UM, SOMETHING'S GOTTA CHANGE 'CAUSE IT'S THAT.
WELL, WELL OUT OF THE ONES YOU SENT, UH, OUT OF THE LIST OF THE THREE PEOPLE, I WILL SAY THAT ONE RESPONDED ABOUT EVERY TIME THEY MISSED, CORRECT? CORRECT.
ANSWERED ABOUT THE THREE TIMES THAT SHE HAD MISSED SPECIFICALLY AND GAVE AN ANSWER FOR EACH ONE.
I MEAN, SHE GOT MARRIED, SHE WENT ON A HONEYMOON.
THE FIRST ONE SHE WASN'T HERE.
AND WHEN WE APPOINTED HER, SHE ALREADY HAD PLANS AND THEN SOMEBODY GOT SICK.
SO I CAN UNDERSTAND LISA, THAT ONE HAD AN EXPLANATION AS TO WHY SHE COULDN'T MAKE THOSE AND SAID DIDN'T LOOK LIKE GOING FORWARD WAS GONNA BE ANY PROBLEM.
THE OTHER TWO, I'M NOT QUITE SO SURE OF ONE OF 'EM IS A POLICE OFFICER, SO IT'S HARD FOR HIM TO YEAH.
SCHEDULING CONFLICTS WORK AND THE OTHER NO RESPONSE.
UM, DO WE NEED TO VOTE ON EACH ONE? YEAH.
I MEAN IF YOU HAVE A DIFFERENT YEAH.
AMBER, CAN YOU COME UP HERE TO THE PODIUM IN CASE WE HAVE SOME QUESTIONS? MADAM MAYOR, IS THIS ONE THAT, THAT YOU PLAN FOR YOU AND APPROACH HIM RIGHT TO JUST APPOINT FOR, FOR THOSE TWO SEATS? YES.
DO Y'ALL HAVE SOMEBODY IN MIND ALREADY FOR ANY OF THE SEATS? WE JUST HAVE THE LIST OF, UH, INTERESTED APPLICANTS.
UM, DID YOU SPEAK TO THESE THREE PEOPLE OR DID JAMIE UH, NO, I EMAILED THEM.
AND THOSE ARE THE RESPONSES I RECEIVED.
AND AS FAR AS, UM, THE ONE, UH, PERSON THAT, UH, MAYOR PRO TEM, UH, WRIGHT WAS SPEAKING OF, DID SHE MAKE REFERENCE THAT SHE DIDN'T SEE ANY ISSUES MOVING FORWARD? THAT WAS HER EMAIL, YES.
THAT SHE DIDN'T SEE ANY CONFLICTS MOVING FORWARD.
BUT SHE HAD REASONS FOR THE LAST THREE MEETINGS THAT SHE MISSED.
DID, DID, UH, I GUESS THIS MAY NOT BE A QUESTION FOR YOU.
UM, SAYS ON BOTH OCCASIONS I NOTIFIED KYLE.
WAS THAT PRIOR TO THE MEETINGS? YEAH, WHENEVER OR LIKE DAY OF, YOU KNOW, I MEAN, WAS THERE NO, THEY, THEY WERE, I WAS NOTIFIED ONCE THE AGENDA WAS SENT OUT FOR THEIR REVIEW.
SO WE'RE LOOKING AT, UM, BOARD MEMBERS, UM, ANN MARIE, UH, CORNMAN, JOE TOLBERT AND MARQUIS CAMERON.
AND I THINK WE WANT TO TAKE A VOTE ONCE WE FINISH DISCUSSING ON EACH ONE OF THEM WHETHER OR NOT THEY REMAIN ON THIS BOARD.
KYLE, HAVE YOU HAD ANY, HAVE YOU HAD ANY LUCK COMMUNICATING WITH THEM PRIOR TO MEETINGS? UM, THE, THE ONLY ONE THAT'S BEEN IN COMMUNICATION WITH ME WOULD BE ANN.
SHE'S THE ONLY ONE THAT'S REACHED OUT TO ME TO LET ME KNOW THAT SHE WOULDN'T BE ABLE TO MAKE IT.
UM, AND WHENEVER SHE WAS APPOINTED, SHE DID TELL ME PRIOR TO THE FIRST MEETING THAT SHE HAD SOME SOMETHING ALREADY SCHEDULED FOR THAT, THAT FIRST COURT BOARD MEETING.
BUT I HAVE NOT HEARD FROM THE, FROM THE OTHER MEMBERS.
[01:25:02]
Y'ALL GOT ANYTHING ELSE? I DO KNOW MARQUIS IS A SCHOOL TEACHER AND SO WE THOUGHT AT THE TIME, THREE O'CLOCK IN THE AFTERNOON, I'VE SPOKEN WITH THE CHAIRMAN AND SAID, YOU KNOW, YOU GUYS COULD DISCUSSAND THEN JOE TOLBERT IS ON THE SENIOR CITIZENS BOARD.
SO HE'S, HE'S BEEN AT THE SENIOR SWORD, BUT IT MEETS AT FOUR 30 IN THE AFTERNOON AND HE'S A POLICE OFFICER IN DALLAS.
SO I JUST THINK THE TIMES FOR THOSE OTHER TWO MUST BE BAD TIMES.
AND SO THAT'S WHY I THINK THAT WE OUGHT TO TAKE THE WORD OR MISS KN NOT, OR WELL, SHE GOT MARRIED, WHATEVER HER MARRIED NAME IS NOW, AND LEAVE HER ON THERE AND REPLACE THE OTHER TWO.
'CAUSE ALL SEVEN OF 'EM ARE KNEW.
I MEAN, EVERY SINGLE ONE OF 'EM ARE KNEW.
SO, AND THE WAY THAT THE ORDINANCE TREATS YOU DO HAVE THAT LATITUDE BECAUSE IT DOES SAY MAY BE REMOVED MISSING.
SO WE'VE GONE THROUGH THE PROCESS FROM UN NOTICE, RECEIVE RESPONSES, ET CETERA, BUT YOU, THERE'S NO OBLIGATION TO REMOVE THEM.
IT'S JUST, IT'S YOUR ALL'S DISCRETION WHETHER RIPPING 'EM IS THE RIGHT THING TO DO.
LET'S VOTE ON EACH ONE INDIVIDUALLY IF WE COULD.
UM, I'LL ENTERTAIN A MOTION, UH, FOR ANN MARIE CORNMAN.
FIRST WELL, DO WE HAVE TO MAKE A MOTION IF WE'RE NOT GOING TO REMOVE HER? NO.
IF IF YOU'RE NOT GONNA REMOVE SOMEBODY, THEN THERE'S NO, THERE'S NO MOTION TO BE MADE.
IS THAT THE CONSENSUS THAT WE'RE NOT GOING TO, WE JUST MAKE A, WE MAKE A MOTION ON ACTION.
UM, ONES WE'RE GONNA TAKE ACTION.
WELL JUST THE ONE, ANYBODY THAT YOU WANT TO REMOVE.
BUT IF YOU'RE NOT REMOVING THEM, THEN IF THAT'S THE CONSENSUS THAT WE'RE NOT GOING TO, THEN WE'LL MOVE TO THE NEXT ONE.
THE NEXT ONE BEING JOE TO TOLBERT.
I MOVED TO REMOVE JOE TOLBERT FROM THE PARKS BOARD.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
MADAM MAYOR, I MAKE A MOTION TO REMOVE MARQUI CAMERON FROM THE PARKS BOARD.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[24. Convene into Executive Session to]
CONVENE INTO EXECUTIVE SESSION.DO WE WANT TO DO, UH, COMMENTS FIRST? YEAH, LET'S GO AHEAD AND DO THE COMMENTS BY THE MAYOR, CITY COUNCIL, CITY ATTORNEY AND CITY MANAGER, UH, THAT WAY ANY OF YOU THAT WANT TO, UH, LEAVE FOR THE EVENING, UH, YOU CAN DO THAT.
TERRY, YOU HAVE ANYTHING? NOTHING.
THANK YOU MAYOR PRO TEM WRIGHT, DO YOU HAVE ANYTHING? UH, I'D LIKE TO CONGRATULATE THE MARTINEZ FAMILY ON WINNING THE PIN AWARD.
IT'S, IT'S GREAT TO SEE THE PEOPLE THAT DO TAKE PRIDE IN THEIR, IN THEIR YARDS AND THEIR, AND THEIR PROPERTIES AND, AND DO THINGS LIKE THAT.
AND UH, I JUST WANT TO THANK ALL THE REST OF THE COUNCIL 'CAUSE THIS WEEK THERE'S A LOT OF MEETINGS.
APPRECIATE YOU GUYS SHOWING UP TO ALL THIS STUFF 'CAUSE WE GOT A LOT GOING ON.
DO Y'ALL HAVE ANYTHING DOWN THERE ON THE LEFT? NO MA'AM.
I FORGOT TO MENTION THAT, UH, POET LAUREATE FOR THE CITY OF WAXAHATCHEE, DAVID SMITH BROUGHT, GAVE US SOME IRISES TO PUT HERE 'CAUSE IT'S THE FLOWER OF WAXAHATCHEE.
HE HAD TO GO TO THE HOSPITAL TODAY FOR SOME REASON, BUT HE ASKED ME TO BRING THESE UP HERE AND PUT 'EM UP FOR THE MEETING.
AND I DON'T HAVE ANYTHING FOR THE EVENING, SO THANK YOU.
WE'RE GONNA CONVENE INTO EXECUTIVE SESSION.
Y'ALL HAVE A GOOD EVENING FOR THOSE OF YOU THAT ARE LEAVING.
[25. Reconvene and take any necessary action]
NEW YORK.ALL RIGHT, WE'RE BACK IN SESSION AT 10 59.
COUNCIL, DO WE HAVE A MOTION? MAD MAYOR, I MOVE TO AUTHORIZE THE MAYOR TO EXTEND THE CITY'S SECRETARY'S CONTRACT PER THE TERMS AS DISCUSSED DURING THE CLOSED SESSION AND EXECUTE ALL DOCUMENTS ACCORDINGLY.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
AND THAT CONCLUDES OUR MEETING FOR THE EVENING.