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[Call to Order]

[00:00:07]

WELL, GOOD EVENING AND WELCOME TO THE JANUARY 4TH, 2022 REGULAR MEETING OF THE GARLAND THIS IS OUR FIRST MEETING OF THE NEW YEAR.

AND I'D LIKE TO I'D LIKE TO ADDRESS SOMETHING THAT I'M SURE ALL OF YOU HAVE HAVE BEEN YOU KNOW, WE HAVE A LOT OF REASONS TO CELEBRATE A LOT OF SUCCESS IN 2021, BUT WE CAN'T ESCAPE THE FACT THAT OUR YEAR ENDED WITH TRAGEDY AND VIOLENCE AND THE LOSS OF I PERSONALLY OUR CITY COUNCIL, OUR GARLAND COMMUNITY AT LARGE ARE SADDENED AND SHOCKED BY THIS EVENT.

WHAT HAPPENED ON DECEMBER 26TH IS NOT REPRESENTATIVE OF WHO WE ARE HERE IN GARLAND, BUT IT IS CERTAINLY A CALL FOR US TO LOOK VERY DEEPLY AT HOW HOW WE LIVE AND WORK IN OUR COMMUNITY, AND WE HAVE TO ABSOLUTELY REDOUBLE AND DOUBLE DOUBLE OUR EFFORTS TO BUILD A COMMUNITY IN A WORLD WHERE CHILDREN HAVE THE ABILITY TO GROW, MATURE, FLOURISH AND HAVE HOPE FOR THE FUTURE AND OPPORTUNITIES TO FULFILL THEIR AMBITIONS.

OUR DEEPEST SYMPATHIES TO THE GONZALEZ, NOYALA, GARCIA, FAMILIES AND THE FAMILY OF THE SON FAMILIES WHOSE SON WAS SERIOUSLY INJURED IN THE INCIDENT.

OUR WORDS CAN NEVER ADEQUATELY ADEQUATELY EXPRESS OUR SORROW OR ERASE THE HURT THAT THEY MUST FEEL.

WE, AS A CITY WILL INCREASE OUR TARGETED RESOURCES TO ENHANCE OUR EFFORTS IN PUBLIC SAFETY AND EXPAND OUR CURRENT PROGRAMS DESIGNED TO POSITIVELY SHAPE THE LIFE OF BUT THIS IS MUCH DEEPER PROBLEM THAN OUR POLICE PROGRAMS CAN ADDRESS.

WE HAVE TO STRIVE AS A COMMUNITY UNITED THROUGH OUR CHURCHES, OUR SCHOOLS, OUR CIVIC GROUPS AND OUR FAMILIES TO MAKE OUR CITY SAFE AND A SAFE PLACE FOR OUR CHILDREN.

SO AGAIN, VERY MUCH SORROW AND SADNESS FOR THE EVENT.

AND SO WE WILL GET STARTED HERE.

IT IS THE CUSTOM AND TRADITION OF THIS COUNCIL TO HAVE AN INVOCATION AND RECITAL OF THE PLEDGE OF ALLEGIANCE PRIOR TO THE BEGINNING OF OUR MEETING, LED BY ONE OF OUR COUNCIL MEMBERS.

YOU ARE NOT REQUIRED TO PARTICIPATE.

THAT IS YOUR CHOICE AND IT WILL HAVE YOUR CHOICE WILL HAVE NO IMPACT ON THE DECISIONS WE MAKE HERE THIS EVENING AND TONIGHT.

WE WILL BE LED BY COUNCIL MEMBER MORRIS FROM DISTRICT TWO.

THANK YOU.

PLEASE JOIN ME IN PRAYER IF YOU CARE TO.

[INVOCATION] FATHER IN HEAVEN, AS OUR COMMUNITY MOVES TOGETHER INTO THIS NEW YEAR, WE WANT TO THANK YOU FOR YOUR GREAT MERCIES THAT HAVE COME EVEN IN THE MIDST OF GREAT SORROW.

THANK YOU FOR NEIGHBORS WHO CARE FOR CHURCHES WHO SERVE FOR FAMILIES WHO COMFORT EACH OTHER FOR CHILDREN WHO ARE LOVED AND LOVING.

WE PRAY FOR THE PEACE AND FLOURISHING OF THIS CITY WE LOVE AND FOR ALL THOSE WHO LIVE AND PLEASE GUIDE US AS WE MOVE INTO THIS COMING YEAR TO MAKE WISE DECISIONS THAT WILL BENEFIT AND BLESS THE PEOPLE OF THIS CITY.

WE ASK ALL THIS IN THE NAME OF JESUS CHRIST.

AMEN.

PLEASE JOIN ME IN THE PLEDGE.

AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

WELL, IT IS OUR FIRST MEETING OF THE MONTH, AND OUR FIRST MEETING OF THE

[Mayoral Proclamations, Recognitions and Announcements]

MONTH IS ALWAYS DEDICATED TO OUR PET OF THE MONTH AND WHO IS WITH US TONIGHT, AMY.

SO TONIGHT I'VE BROUGHT WILLIE HERE.

HE'S A LITTLE SHY, AS YOU CAN TELL, BUT THAT'S OK.

ONCE HE GETS TO KNOW YOU, HE IS FULL OF KISSES AND LOVES AND WIGGLES AND ALL THAT GOOD HE'S A THREE YEAR OLD STRAY THAT CAME IN THE SHELTER, AND HE WANTS TO REMIND EVERYBODY TONIGHT THAT IF YOU ARE A GISD EMPLOYEE, A CITY OF GARLAND EMPLOYEE, IF YOU ARE A POLICE OFFICER, FIREFIGHTER, VETERAN, IF IT'S YOUR BIRTHDAY, IF YOU'RE A SENIOR CITIZEN OVER, I KNOW YOU'RE A SENIOR CITIZEN.

WE DO SPONSOR ADOPTIONS FOR THESE PEOPLE, SO PLEASE COME OUT TO THE SHELTER.

VERY GOOD.

WELL, NICE TO MEET YOU, WILLIE.

IT'S REALLY NICE TO MEET YOU.

THANK YOU.

PETS ARE CERTAINLY, CERTAINLY GREAT HEALERS.

[00:05:06]

ALL RIGHT, WE WILL GO AHEAD AND GET STARTED INTO OUR AGENDA FOR THE EVENING.

THE FIRST ITEM ON OUR AGENDA IS OUR CONSENT AGENDA.

[Consent Agenda]

ALL ITEMS UNDER THIS SECTION ARE RECOMMENDED FOR APPROVAL BY A SINGLE A MOTION OF COUNCIL COUNCIL HAS HAD THE OPPORTUNITY TO REVIEW EACH OF THESE ITEMS AT A PREVIOUS WORK SESSION, AND APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE CITY MANAGER TO IMPLEMENT EACH ITEM.

I WILL ANNOUNCE THE AGENDA AND PROVIDE AN OPPORTUNITY FOR MEMBERS OF THE AUDIENCE OR THE CITY COUNCIL TO REQUEST THAT AN ITEM BE REMOVED AND CONSIDERED SEPARATELY.

AT THIS POINT, I DON'T HAVE ANY REQUESTS, SO LET ME GO AHEAD AND READ THROUGH IT.

ITEM ONE CONSIDER APPROVAL OF THE MINUTES OF DEC.

14, 2021 REGULAR MEETING.

ITEM TWO CONSIDER APPROVAL OF THE FOLLOWING BIDS.

ITEM TWO A TURBINE AND GENERATOR MAINTENANCE.

ITEM TWO B GP&L COLLEGE TO BRAND 138 KV TRANSMISSION LINE TUBULAR STEEL STRUCTURES.

ITEM TWO C WYNN JOYCE ROAD WATER MAIN UPGRADE AND REPLACEMENT.

ITEM TWO D GP&L PRODUCTION PLANT PROJECT MANAGEMENT ENGINE AND ENGINEERING SERVICES.

ITEM TWO E GP&L NAAMAN SUBSTATION CIRCUIT SWITCHES SWITCHERS.

ITEM TWO F DEMOLITION OF CINEMARK THEATER.

ITEM TWO G DATA CENTER FIREWALL REPLACEMENT AND ENHANCEMENTS.

ITEM TWO E TWO H ROSEHILL LINEAR PARK DESIGN SERVICES AND ITEM TWO I HIGHWAY 66 TURN LANE ITEM THREE A PUBLIC HEARING WAS PREVIOUSLY CONDUCTED FOR THE FOLLOWING ZONING CASE COUNCIL APPROVED THE REQUEST AND INSTRUCTED STAFF TO BRING FORTH THE FOLLOWING ORDINANCE FOR CONSIDERATION.

ITEM THREE A ZONING FILE Z21-43 AJ REAL ESTATE INVESTMENTS LLC IN DISTRICT FIVE.

ITEM FOUR NEIGHBORHOOD VITALITY MATCHING GRANT FALL 2021 APPLICATIONS.

ITEM FIVE CONSIDER AN ORDINANCE AMENDING CHAPTER 50 UTILITY RATES AND FEES.

CHAPTER 52 ENVIRONMENTAL WASTE SERVICES TO THE CODE OF ORDINANCES OF THE CITY OF GARLAND, TEXAS AND SECTION ONE POINT ONE ONE.

STRUCTURE OF THE DEVELOPMENT REVIEW COMMITTEE OF DIVISION ONE GENERAL PROVISIONS.

ARTICLE ONE AUTHORITY PURPOSE OF CHAPTER ONE GENERAL PROVISIONS OF THE GARLAND DEVELOPMENT CODE OF THE CITY OF GARLAND, TEXAS, PROVIDING A SAVINGS CLAUSE AND PROVIDING A SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE AND THE LAST ITEM.

ITEM SIX REQUEST FOR DEVELOPMENT ASSISTANCE TO ZOBELE USA INC.

COUNCIL THAT IS THE CONSENT AGENDA.

IS THERE ANYONE WHO WOULD LIKE TO HAVE AN ITEM PULLED AND CONSIDERED SEPARATELY? I SEE NONE.

MADAM SECRETARY [INAUDIBLE] SORRY, NO, I'M JUMPING AHEAD.

GO AHEAD.

THANK YOU, MAYOR.

I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.

I HAVE A MOTION TO APPROVE THE CONSENT AGENDA BY COUNCIL LADY MORRIS AND A SECOND BY DEPUTY MAYOR PRO TEM WILLIAMS, I ALMOST SKIPPED A VERY IMPORTANT STEP IN THAT, BUT FORTUNATELY FORTUNATELY PULLED BACK.

SO WE MADAM SECRETARY, NOW IF YOU COULD PREPARE THE VOTE FOR US.

AND COUNCIL AND IF YOU COULD DISPLAY THE VOTE, PLEASE.

I'M SORRY, I'M SEEING SOME VERY STRANGE THINGS ON MY.

THAT ITEM IS APPROVED UNANIMOUSLY.

JUST A QUICK QUESTION IS ON THE PRESENTATION SCREEN.

I'M GETTING THE DOCUMENT CAMERA.

OK.

ALL RIGHT.

JUST MAKING SURE THAT [INAUDIBLE].

OH ALL RIGHT.

WE'LL GET TO THAT HERE IN A SECOND.

ALL RIGHT, ITEM SECOND, WE'LL MOVE TO OUR ITEMS FOR INDIVIDUAL CONSIDERATION.

MADAM SECRETARY, IF YOU COULD GO OVER THE SPEAKER REQUIREMENTS, PLEASE.

YES, SIR.

THE OPPORTUNITY TO SPEAK IS GIVEN TO PROVIDE TESTIMONY RATHER THAN TO QUESTION THE CITY COUNCIL OR STAFF.

THE CHAIR MAY CALL A SPEAKER OUT OF ORDER IF THE SPEAKER PRESENTS QUESTIONS OR REQUESTS FOR INFORMATION THAT WILL UNDULY DELAY THE TRANSACTION OF BUSINESS AT THE MEETING.

SPEAKERS APPEARING IN THE CHAMBER WILL SPEAK FIRST AND THE VIRTUAL SPEAKERS WILL

[00:10:02]

FOLLOW.

SPEAKERS SHALL BE ALLOWED TO SPEAK ON A FIRST COME, FIRST TO SPEAK BASIS, AS DETERMINED BY THE ORDER IN WHICH THE CITY SECRETARY RECEIVES THE SPEAKER'S INFORMATION.

VIRTUAL SPEAKERS PLEASE USE THE RAISE YOUR HAND FEATURE ON ZOOM.

IF YOU ARE DIALING IN FOR AUDIO, YOU MAY PRESS STAR NINE IN ORDER TO BE RECOGNIZED BY THE MODERATOR.

ONCE THE LINE IS OPEN, THE SPEAKER SHOULD PRESS STAR SIX TO UNMUTE AND LOWER THE VOLUME ON ALL OTHER DEVICES.

APPLICANTS ARE ALLOWED TEN MINUTES FOR PRESENTATIONS, AND ALL OTHER SPEAKERS WILL BE ALLOWED THREE MINUTES TO SPEAK.

WHEN THE PODIUM BUZZER SOUNDS, THE SPEAKER MUST END THEIR COMMENTS.

VIRTUAL SPEAKERS WILL BE INFORMED BY THE CLERK WHEN THEIR TIME HAS ELAPSED.

WE HAVE NO VIRTUAL SPEAKERS TONIGHT, BUT WE DO HAVE SPEAKERS ON ITEMS NINE C OK, VERY GOOD, THANK YOU.

OUR FIRST ITEM UNDER THIS SECTION IS ITEM SEVEN.

CONSIDER A RESOLUTION OF THE CITY OF GARLAND, TEXAS, FINDING AND DETERMINING THAT THE PUBLIC NECESSITY AND CONVENIENCE REQUIRED THE ACQUISITION OF VARIOUS

[7. Consider a resolution of the City of Garland, Texas finding and determining that thepublic necessity and convenience require the acquisition of various property rightslocated along Naaman School Road, east of Brand Road, and west of State Highway78, in the City of Garland, County of Dallas, Texas, said property interests beingmore particularly described below; providing authorizations to acquire suchproperty rights by purchase or condemnation and making certain findingspertaining thereto; providing further authorizations as may be necessary to carryout the purposes of this resolution; and providing an effective date.]

PROPERTY RIGHTS.

LOCATED ALONG NAAMAN SCHOOL ROAD, EAST OF BRAND ROAD AND WEST OF STATE HIGHWAY 78 IN THE CITY OF GARLAND COUNTY OF DALLAS, TEXAS, SAID PROPERTY INTERESTS BEING MORE PARTICULARLY DESCRIBED BELOW, PROVIDING AUTHORIZATIONS TO ACQUIRE SUCH PROPERTY RIGHTS BY PURCHASE OR CONDEMNATION AND MAKING CERTAIN FINDINGS PERTAINING THERETO.

PROVIDING FURTHER AUTHORIZATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSE OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE.

AND I BELIEVE COUNCIL MEMBER SMITH YOU HAVE THE MOTION ON THIS ITEM.

THANK YOU, MAYOR.

MOTION LANGUAGE IS SPECIFIED IN STATE LAW AND SORT OF BE A LITTLE BIT LONG, SO BEAR WITH ME.

I MOVE THAT THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS, AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE FOLLOWING PROPERTIES LOCATED WITHIN THE JACOB REAGOR SURVEY ABSTRACT NUMBER ONE TWO FIVE NINE AND THE [INAUDIBLE] SURVEY ABSTRACT NUMBER TWO CITY OF GARLAND, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS 232 EAST KINGSBRIDGE DRIVE BEING PART OF THE [INAUDIBLE] SURVEY, ABSTRACT NUMBER TWO DALLAS COUNTY, TEXAS, AND BEING A PORTION OF LOT EIGHT BLOCK SEVEN MEADOW WOOD NUMBER THREE PHASE ADDITION AN ADDITION TO THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, AS RECORDED IN VOLUME EIGHT FOUR ZERO SIX FIVE PAGE ONE ONE FOUR SEVEN PLAT RECORDS DALLAS COUNTY, TEXAS AND BEING DESCRIBED IN THE GENERAL WARRANTY DEED TO LUKE SMITH AND KATELYN SMITH RECORDED AN INSTRUMENT NUMBER TWO ZERO ONE SEVEN ZERO ZERO ONE EIGHT TWO SIX TWO NINE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, AND THREE THREE ONE THREE NAAMAN SCHOOL ROAD BEING PART OF THE JACOB REAGOR SURVEY, ABSTRACT NUMBER ONE TWO FIVE NINE AND BEING A PORTION OF ONE BLOCK ONE CHRISTIAN BROTHERS EDITION, AN ADDITION TO THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, AND BEING DESCRIBED IN THE SPECIAL WARRANTY DEED [INAUDIBLE] RECORDED IN INSTRUMENT NUMBER TWO ZERO ZERO SEVEN ZERO THREE SIX FIVE ONE EIGHT FIVE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS.

MY MOTION INCLUDES APPROVAL OF THE PROPOSED RESOLUTION AND INTENDS THAT THE RECORD VOTE ON THIS MATTER APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED.

AND WE HAVE A MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL MEMBER AUBIN, AND CONFIRMATION FROM THE CITY ATTORNEY THAT THE PROPER LANGUAGE WAS USED UNLESS THERE'S FURTHER DISCUSSION.

MADAM SECRETARY, CAN YOU PREPARE THE VOTE FOR US PLEASE, DO WE HAVE A SPEAKER ON THAT I'M WE DO NOT.

OK, THANK YOU.

OK, COUNCIL, IF YOU COULD, PLEASE VOTE.

AND DISPLAY THE VOTE, PLEASE.

AND THAT ITEM IS APPROVED UNANIMOUSLY.

NEXT ITEM IS ITEM EIGHT.

[8. Consider a resolution of the City of Garland, Texas finding and determining that thepublic necessity and convenience require the acquisition of various property rightslocated at the intersection of Buckingham and Plano, in the cities of Richardson andGarland, Texas situated in the Buckingham Square East Addition, in the City ofRichardson, County of Dallas, Texas, said property interests being more particularlydescribed below; providing authorizations to acquire such property rights bypurchase or condemnation and making certain findings pertaining thereto;providing further authorizations as may be necessary to carry out the purposes ofthis resolution; and providing an effective date.]

CONSIDER A RESOLUTION OF THE CITY OF GARLAND, TEXAS, FINDING AND DETERMINING THAT THE PUBLIC NECESSITY AND CONVENIENCE REQUIRE THE ACQUISITION OF VARIOUS PROPERTY RIGHTS.

LOCATED AT THE INTERSECTION OF BUCKINGHAM AND PLANO IN THE CITIES OF RICHARDSON AND GARLAND, TEXAS, SITUATED IN THE BUCKINGHAM SQUARE EAST EDITION IN THE CITY OF RICHARDSON COUNTY OF DALLAS, TEXAS, SAID PROPERTY INTERESTS BEING MORE PARTICULARLY DESCRIBED BELOW, PROVIDING AUTHORIZATIONS TO ACQUIRE SUCH PROPERTY RIGHTS BY PURCHASE OR CONDEMNATION AND MAKING CERTAIN FINDINGS PERTAINING THERETO.

PROVIDING FURTHER AUTHORIZATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE AND COUNCIL LADY MORRIS.

I BELIEVE YOU HAVE THE MOTION ON THIS ONE.

IF YOU COULD GO AHEAD.

THERE YOU GO.

OK, THANK YOU.

AND AS COUNCILMAN SMITH POINTED OUT A MOMENT AGO, THE LANGUAGE IS VERY SPECIFIC, SO I WILL ALSO BE READING IT.

[00:15:01]

I MOVE THAT THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS, AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE FOLLOWING PROPERTY LOCATED WITHIN THE CITY OF RICHARDSON, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS 1455 EAST BUCKINGHAM ROAD BEING A PORTION OF LOT 1A IN BLOCK ONE OF THE FIRST INSTALLMENT OF BUCKINGHAM SQUARE EAST EDITION.

AN ADDITION TO THE CITY OF RICHARDSON, DALLAS COUNTY, TEXAS, AS RECORDED IN VOLUME TWO ZERO ZERO ZERO ONE FOUR SIX PAGE FIVE ZERO ZERO FIVE OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS AND RELATED UTILITIES TO A PUBLIC RIGHT OF WAY.

MY MOTION INCLUDES APPROVAL OF THE PROPOSED RESOLUTION AND INTENDS THAT THE RECORD VOTE ON THIS MATTER APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED.

THANK YOU.

ALL RIGHT.

WE HAVE A MOTION BY COUNCIL LADY MORRIS, A SECOND BY COUNCIL MEMBER BASS AND CONFIRMATION FROM THE CITY ATTORNEY THAT THE APPROPRIATE LANGUAGE HAS BEEN USED.

IS THERE ANY FURTHER DISCUSSION ON THIS ITEM? IF NOT, MADAM SECRETARY, IF YOU PREPARE THE VOTE FOR US, PLEASE AND COUNCIL.

AND DISPLAY THE VOTE PLEASE.

AND THAT ITEM IS APPROVED UNANIMOUSLY.

MOVING ON TO ITEM NINE PUBLIC HEARINGS, COUNCIL THE APPLICANT IN CASE IN FILE

[Items 9A & 9B]

NUMBER NINE A AND NINE B HAS REQUESTED A POSTPONEMENT TO OUR JANUARY 18TH MEETING COUNCIL MEMBER YOU'RE GOING TO HAVE TO PUNCH IN FOR ME, PLEASE.

THERE YOU GO.

THANK YOU, MAYOR.

YES.

AS MAYOR WAS SAYING AT THE REQUEST OF THE APPLICANT, I'D LIKE TO MAKE A MOTION TO POSTPONE UNTIL THE JANUARY 18TH MEETING.

WE HAVE A MOTION BY COUNCIL MEMBER BASS AND A SECOND BY COUNCIL LADY MORRIS TO POSTPONE THIS HEARING THIS ITEM UNTIL OUR JANUARY 18TH MEETING.

MADAM SECRETARY, IF YOU PREPARE THE VOTE FOR US, PLEASE AND COUNCIL.

AND DISPLAY THE VOTE, PLEASE.

AND THAT POSTPONEMENT IS APPROVED UNANIMOUSLY.

[Items 9C & 9D]

MOVING ON TO ITEM NINE, C AND THIS NEXT CASE HAS TWO PARTS.

NINE C IS CONSIDER A SPECIFIC USE PROVISION RENEWAL REQUEST BY ZONE SYSTEMS INC.

TO CONTINUE THE OPERATION OF AN EXISTING GAS STATION.

THE PROPERTY IS LOCATED AT 1810 WEST KINGSLEY ROAD IN DISTRICT FIVE.

IT ALSO HAS A SECOND PART NINE D.

CONSIDER A SITE PLAN.

SAME APPLICANT SAME ADDRESS MR. GUERIN.

GOOD EVENING MAYOR AND COUNCIL.

AS YOU STATED, THIS IS A REQUEST FOR A RENEWAL OF A SUP TO CONTINUE THE OPERATION OF AN EXISTING GAS STATION.

THE LOCATION IS 1810 WEST KINGSLEY ROAD.

THE SITE IS JUST UNDER ONE ACRE AND THE CURRENT ZONING IS COMMUNITY RETAIL DISTRICT, WHICH REQUIRES AN SUP FOR FUEL PUMPS, ALTHOUGH ONCE HANG ON ONE SECOND.

I'M SORRY, COUNCIL LADY IS THERE SHOWING THE DOCUMENT.

I DON'T KNOW IF YOURS IS, BUT IT'S NOT SHOWING.

OK.

YES, I THINK WE'RE SOME ARE AND SOME AREN'T.

HANG ON.

ONE SECOND WILL LET'S SEE IF WE CAN GET DAN TO COME OUT FROM THE BACK BECAUSE WE IT'S SO YOU HAVE A SPECIAL TOUCH ON THE BUTTON, CLICK.

I DON'T KNOW, SOME REASON IT'S WE'RE GETTING WE'RE GETTING ABOUT HALF AND HALF.

WE'LL SEE IF WE CAN'T RESOLVE THIS, AND IF NOT, WE'LL JUST HAVE TO USE THE MONITORS IN YEAH.

OH, THEN, THAT'S YEAH, LET'S WE'LL ALL RIGHT.

YEAH, WE'RE GOING TO WE'RE GOING TO SWITCH THE MONITORS WHERE WE CAN ALL SEE THE PRESENTATIONS IN FRONT OF US.

THAT WAY, WE DON'T HAVE TO GO THROUGH A PROCESS OF RESETTING ALL THESE THIS EVENING.

SO MR. GUERIN GO AHEAD.

SORRY.

OKAY.

SURE.

YEAH.

THERE'S ALSO A VERY LARGE SCREEN BEHIND US.

VERY GOOD.

WELL, THE CURRENT ZONING OF THE SUBJECT PROPERTY IS COMMUNITY RETAIL, WHICH REQUIRES AN SUP FOR FUEL PUMPS.

THE SPECIFIC REQUEST, OR THE SUP IS SPECIFICALLY FOR THE GAS PUMPS SHOULD NOTE THAT THE OTHER USES ON THE SITE, SUCH AS CONVENIENCE STORE AND THE OTHER STORES ON THE

[00:20:06]

SITE, ARE ALREADY ALLOWED PERMITTED BY BY RIGHT.

HERE'S THE GENERAL LOCATION OF THE SUBJECT PROPERTY AND MORE SPECIFICALLY LOCATED HERE OUTLINE IN TEAL THE SUBJECT PROPERTY IS ON THE SOUTHWEST SIDE OF KINGSLEY ROAD AND CORTEZ DRIVE SOME OF THE SURROUNDING USES.

THERE'S A CHURCH TO THE EAST ACROSS CORTEZ, DRIVE SINGLE FAMILY HOMES TO THE NORTH ACROSS KINGSLEY AN AUTO REPAIR SHOP IMMEDIATELY TO THE WEST AND A SELF-STORAGE FACILITY FURTHER WEST FROM THAT AND TO THE SOUTH.

SOME OTHER SINGLE FAMILY HOMES AND AN APARTMENT COMPLEX.

THE COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS COMPACT NEIGHBORHOODS, WHICH IS PREDOMINANTLY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL, BUT DOES RECOGNIZE SOME NONRESIDENTIAL SUPPORTIVE USES SUCH AS CONVENIENCE, RETAIL GOODS AND SERVICES, OFFICE SPACE AND PUBLIC SERVICES.

HERE'S A VIEW OF THE SUBJECT SITE.

AGAIN, IT IS EXISTING.

THERE'S A, AS YOU CAN SEE, THE VALERO GAS STATION HERE, ALSO ON THE PROPERTIES OF MULTITENANT RETAIL BUILDING.

AND AGAIN, THE SUP IS JUST SPECIFICALLY FOR THE FUEL PUMPS, AND THE APPLICANT IS REQUESTING TO RENEW THE SUP THAT IS EXPIRED AND SOME OTHER PROPERTIES OF THE AREA LOOKING ACROSS KINGSLEY, LOOKING TO THE WEST AND LOOKING TO THE EAST.

THE SUBJECT PROPERTY IS DEVELOPED WITH THE MULTI TENANT BUILDING THAT INCLUDES A CONVENIENT STORE AND ASSOCIATED FUEL PUMPS.

IN 1998, THE CITY COUNCIL APPROVED AN SUP TO ALLOW THE CONSTRUCTION OF THE FUEL PUMPS, AND THE APPLICANT SEEKS TO RENEW THE EXPIRED SUP TO CONTINUE THE SALES OF FUEL.

HERE IS ESSENTIALLY THE EXISTING SITE PLAN.

THE APPLICANT IS NOT PROPOSING ANY CHANGES, MODIFICATIONS OR EXPANSIONS OF ANY KIND.

THEY'RE JUST SIMPLY ASKING TO RENEW THE SUP.

THERE ARE THREE EXISTING FUEL PUMPS UNDER A CANOPY LOCATED BETWEEN THE MULTITENANT BUILDING AND KINGSLEY BOULEVARD.

THE APPLICANT IS REQUESTING APPROVAL OF THE SUP FOR A PERIOD OF 20 YEARS.

THAT ALIGNS WITH THE SUP TIME PERIOD GUIDE, WHICH RECOMMENDS 20 TO 25 YEARS FOR THIS USE.

SACHSE RECOMMENDATION HAS APPROVAL OF THE REQUEST, AND THE PLANNING COMMISSION RECOMMENDED APPROVAL AS WELL, WITH A SEVEN TO ZERO VOTE AND THAT INCLUDED THE 20 YEAR TIME PERIOD AS REQUESTED BY THE APPLICANT.

WE SENT OUT A FIFTY EIGHT LETTERS ON THIS CASE AND WE ONLY RECEIVED ONE RESPONSE AND THAT WAS IN FAVOR OF THE REQUEST.

VERY GOOD.

ANY QUESTIONS FOR STAFF ON THIS ITEM? I SEE NONE.

MADAM SECRETARY, DO WE HAVE SPEAKERS ON THIS ITEM? WE HAVE ONE SPEAKER, LYNNE CAVANAUGH.

OK, OK.

WE WE DO HAVE COUNCIL.

WE DO HAVE THE APPLICANT PRESENT.

IF YOU HAVE ANY, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? I SEE NONE.

ALL RIGHT.

COUNCIL MEMBER AUBIN, THANK YOU, MAYOR.

WITH NO QUESTIONS, I'M PREPARED TO MAKE A MOTION TO APPROVE AS PRESENTED.

I HAVE A MOTION TO APPROVE AS PRESENTED AND THAT COVERS.

I THINK WE HAVE HERE NINE C AND NINE D.

NINE C AND NINE D.

YES.

COMBINE THOSE AND APPROVE BOTH.

OK, I HAVE A MOTION BY COUNCIL MEMBER AUBIN AND A SECOND BY COUNCIL MEMBER SMITH TO APPROVE ITEMS NINE, C AND D AS PRESENTED, ANY FURTHER DISCUSSION? MADAM SECRETARY, IF YOU COULD PREPARE TO VOTE FOR US, PLEASE AND COUNCIL.

AND DISPLAY THE VOTE, PLEASE.

THAT ITEM IS APPROVED UNANIMOUSLY.

THANK YOU.

MOVING ON TO ITEM NINE E.

[Items 9E & 9F]

CONSIDER A ZONING REQUEST BY WOOD PARTNERS MASTER AND MASTER PLAN TO CONSTRUCT TWO HUNDRED AND FIFTY MULTIFAMILY DWELLING UNITS.

THIS SITE IS LOCATED AT 3422 FIRE WHEEL PARKWAY IN DISTRICT ONE.

THIS ITEM ALSO HAS A SECOND PART NINE F.

CONSIDER A DETAILED PLAN.

SAME APPLICANT.

SAME ADDRESS.

THANK YOU, MAYOR.

HAS IT SHOWN UP ON YOUR SCREENS? NO, NOT TONIGHT.

I THINK IT'S ON BOTH.

[LAUGHTER] THIS IS A PROPOSAL TO CONSTRUCT AN APARTMENT COMPLEX WITH TWO HUNDRED AND TWO HUNDRED AND FIFTY DWELLING UNITS.

LOCATION IS ALONG FIRE WHEEL PARKWAY THE EAST SIDE OF FIRE WHEEL PARKWAY JUST EAST OF THE FIRE WHEEL TOWN CENTER.

THE ACREAGE OF THE SUBJECT PROPERTY IS ABOUT NINE POINT EIGHT ACRES IN SIZE.

HERE IS THE GENERAL LOCATION OF THE PROPERTY IN NORTH GARLAND AND MORE SPECIFICALLY SHOWN HERE OUTLINE IN TEAL.

THE PROPERTY IS SPLIT BY TWO ZONING DISTRICTS 18 P 18 33, WHICH INCLUDED THE DETAILED PLAN FOR THE LIVELY AT FIRE WHEEL I THINK IT WAS PREVIOUSLY CALLED FIRE WHEEL LOFTS, BUT THAT'S BEEN UNDER CONSTRUCTION SHOULD BE NEARING CONSTRUCTION IMMEDIATELY TO THE SOUTH.

INCLUDED A CONCEPT PLAN AS WELL, WHICH WE'LL LOOK AT HERE IN A MINUTE.

AND THEN THE EAST SIDE OF THE PROPERTY, I BELIEVE, IS PRIMARILY FLOODPLAIN THAT'S

[00:25:05]

WITHIN PD ZERO THREE DASH FIVE THREE, WHICH IS THE OVERARCHING PD OF THE FIRE WHEEL TOWN CENTER BUT BOTH PDS ALLOW MULTIFAMILY USE BY RIGHT, SO MULTIFAMILY IS ALLOWED, BUT A DETAILED PLAN IS REQUIRED THROUGH THE PUBLIC HEARING PROCESS.

THE COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS REGIONAL CENTERS THAT INCLUDES THE FIRE WHEEL TOWN CENTER, WHICH ALIGNS WITH THE REGIONAL CENTERS DESIGNATION.

OF COURSE, A DESCRIPTION HERE OF WHAT ALL THAT MEANS, PER THE COMPREHENSIVE PLAN HERE.

BUT THE USE OF MULTIFAMILY IS SUPPORTIVE OF THE FIRE WHEEL TOWN CENTER AND THE REGIONAL CENTERS DESIGNATION.

HERE'S SOME PHOTOS OF THE AREA INCLUDED, THE SUBJECT PROPERTY ON THIS TOP LEFT PHOTO, AND YOU CAN SEE A PORTION OF THE TOWN CENTER TO THE WEST.

THE MULTIFAMILY IMMEDIATELY TO THE SOUTH, AS MENTIONED A MINUTE AGO, AND THEN LOOKING NORTH OF THE SUBJECT PROPERTY, WHICH IS VACANT.

HERE'S THE PD 18-33 CONCEPT PLAN AGAIN, IT DID INCLUDE THE DETAILED PLAN FOR THE LIVELY FIREWHEEL MULTIFAMILY IN THIS ONE IDENTIFIED HERE, THE SUBJECT PROPERTY IS WITHIN LOT TWO TO THE NORTH.

IT DOES ALLOW MULTIFAMILY BY RIGHT.

SO THAT IS WHAT IS BEING PROPOSED THIS EVENING.

THE DETAILED PLAN FOR LOT TWO, LOTS THREE AND LOT FOUR REMAIN VACANT AT THIS TIME.

HERE'S THE PROPOSED SITE PLAN.

THE APPLICANT IS PROPOSING FIVE MULTIFAMILY BUILDINGS.

THESE TWO LARGER BUILDINGS ON THE NORTHERN SIDE WOULD BE FOUR STORY'S IN HEIGHT, AND THE THREE SMALLER BUILDINGS TO THE SOUTH WILL BE THREE STORIES AND HEIGHT.

THE APPLICANT IS PROPOSING SOME AMENITIES THROUGHOUT THE SITE, INCLUDING A SWIMMING POOL WITH OUTDOOR SEATING AND A BARBECUE GRILL, DOG PARK, GAMING AREA, CLUBHOUSE AND A FITNESS ROOM.

THE APPLICANT IS ALSO SHOWING, THAT'S NOT REALLY SHOWN REAL CLEAR, BUT THE APPLICANT IS PROPOSING A HIKE AND BIKE TRAIL EASEMENT AROUND HERE TO ALLOW FOR FUTURE TRAIL CONNECTIVITY, AS THE CITY HAD REQUESTED TO KIND OF GO AROUND THE PERIMETER OF THE SITE AND TIE INTO FUTURE TRAIL CONNECTIONS TO THE EAST, AS WELL AS OVER TO THE FIRE WHEEL TOWN CENTER.

SO THAT IS SHOWN ON THE DETAIL PLAN AND THE SITE OTHERWISE COMPLIES WITH THE PARKING REQUIREMENTS FOR THE GDC.

HERE'S THE LANDSCAPE PLAN IT COMPLIES WITH THE LANDSCAPE REGULATIONS OF THE GDC AND THE HERE ARE THE BUILDING BUILDING ELEVATIONS.

I'LL JUST KIND OF ROLL THROUGH THIS, BUT THIS IS STARTING WITH THE BUILDING ELEVATIONS OF THE FOUR STORY BUILDING.

THERE'S SOME TUCK UNDER PARKING SPACES, AS YOU CAN SEE, FACING MORE INTERNAL TO THE SITE.

THEN WE GET TO THE THREE THREE STORY BUILDING ELEVATION SHOWN HERE.

AND THEY COMPLY, THE BUILDING DESIGN COMPLIES WITH ALL APPLICABLE GDC AND PD THE ONLY DEVIATION THE APPLICANT IS REQUESTING IS ACTUALLY A DEVIATION FROM THE PD AND NOT THE GDC PD.

ZERO THREE DASH FIVE THREE.

THIS IS FROM 2003.

IT REQUIRES A 30 FOOT FRONT SET BACK ALONG FIREWALL FIREWALL PARKWAY.

THE APPLICANT IS PROPOSING A 20 FOOT SETBACK FRONT SET BACK ALONG FIRE WHEEL PARKWAY, WHICH ALIGNS ACTUALLY WITH THE BUILDING SETBACK REQUIREMENT ESTABLISHED FOR MULTIFAMILY IN THE GDC.

THE REASON FOR THE DEVIATION BY THE APPLICANT IS THERE IS FLOODPLAIN IMMEDIATELY TO THE EAST OR TO THE REAR OF THE SITE, WHICH LIMITS THE DEPTH OF THE PROPERTY.

THE PROPOSED BUILDING POSITION ALLOWS FOR GREATER SPACE FOR AMENITIES, AND THE REDUCED SETBACK PROVIDES A MORE URBAN STREETSCAPE ALONG FIRE WHEEL PARKWAY.

THAT IS THE ONLY DEVIATION BEING REQUESTED BY THE APPLICANT.

STAFF'S RECOMMENDATION IS APPROVAL OF THE REQUEST AND THE PLANNING COMMISSION RECOMMENDED APPROVAL AS WELL.

THE SEVEN TO ZERO VOTE AS PRESENTED AND MAYOR, WE MAILED OUT A TWENTY TWO NOTIFICATION LETTERS FOR THIS CASE AND WE DID NOT RECEIVE ANY RESPONSES.

VERY GOOD.

ANY QUESTIONS FOR STAFF ON THIS ITEM? I SEE NONE.

THANK YOU.

THANK YOU, MADAM SECRETARY.

CALL OUR SPEAKER, PLEASE.

MAXWELL FISHER IS REGISTERED TO SPEAK.

ALL RIGHT.

SURE.

MAYOR COUNCIL MAXWELL FISCHER WITH MASTER PLAN TWO FIVE NINE FIVE, DALLAS PARKWAY, FRISCO, TEXAS, 75034 REPRESENTING WOOD PARTNERS.

[00:30:02]

WE HAVE A PRESENTATION FOR YOU THIS EVENING, SO PD ZERO THREE FIFTY THREE, WHICH WE'RE ALL FAMILIAR WITH, APPROVE THE FIRE WHEEL TOWN CENTER.

AND WITH THAT REGIONAL SHOPPING CENTER, THERE WAS A BASICALLY A RESIDENTIAL COMPONENT, WHICH IS BASICALLY THE PERIPHERY NORTH SIDE AND THE EAST SIDE OF THAT DEVELOPMENT THAT WOULD SUPPORT THE TOWN CENTER.

AND THEN BUT ALSO ALLOW PEOPLE WHO WOULD WANT TO LIVE UP THERE TO BE ABLE TO WALK TO ENTERTAINMENT, DINING, SHOPPING.

AND SO THIS IS JUST ANOTHER PHASE OF THAT.

AND PD EIGHTEEN THIRTY THREE, WHICH CARRIED FORWARD THE RESIDENTIAL ON THE EAST SIDE, ALLOWS UP TO EIGHTEEN HUNDRED UNITS AND WE WOULD BE PROPOSING ONLY TWO FIFTY, WHICH I BELIEVE THE TOTAL NUMBER IS STILL WELL UNDER RIGHT AROUND FIFTY PERCENT OF THAT OF THAT AS MENTIONED, THE PD FOR THIS PROPERTY, IT'S ACTUALLY A LARGE OVER A LARGER AREA.

THERE'S FOUR LOTS.

THIS WOULD BE PHASE TWO.

LIVELY WAS PHASE ONE.

WE'RE ASKING FOR ONE VARIANCE.

I THINK THIS MAP ACTUALLY SHOWS IT THE BEST.

WE DO HAVE OUR SITES FAIRLY LIMITED AND IT'S NOT THAT DEEP.

IT'S FAIRLY SHALLOW WITH RESPECT TO FIRE WHEEL PARKWAY.

YOU CAN COMPARE IT TO THE LIVELY THERE, WHICH HAS MUCH MORE DEPTH THAN THIS MUCH MORE AT LEAST SOMEWHAT RECTANGULAR IN SHAPE WHERE OURS IS MORE TRIANGULAR AND WE ALSO HAVE FLOODPLAIN IN THE BACK.

SO I'LL GET INTO THAT VARIANCE IN A MOMENT.

FIVE RESIDENTIAL BUILDINGS THAT'S AS MENTIONED, TWO HUNDRED FIFTY UNITS.

THE UNIT BREAKDOWN SOLICITED THERE FOR YOU.

WE WOULD HAVE MORE THAN FIFTY PERCENT COVERED PARKING, INCLUDING TUCK UNDER PARKING.

AND THIS AND THIS DEVELOPMENT, THERE WOULD BE A SIX THOUSAND SQUARE FOOT CLUBHOUSE, A FITNESS CENTER BUSINESS, WI-FI, AGAIN, ONLY ONE ONE SETBACK VARIANCE.

THERE'S A HIKE AND BIKE TRAIL EASEMENT THAT WE'VE BEEN WORKING WITH THE PARKS DEPARTMENT AND OUR ADJACENT PROPERTY OWNERS.

IT'S BEEN A BIT OF A CHALLENGE BECAUSE THERE'S IF YOU KNOW ANYTHING ABOUT THE BACK OF THE SIDE, THERE'S QUITE A BIT OF GRADE.

AND SO WE'VE HAD TO SORT OF FIND A CIRCUITOUS ROUTE THAT SORT OF GETS US SAFELY, GETS PEOPLE SAFELY FROM THE SOUTHEAST CORNER ALL THE WAY UP AND AROUND TO OUR NORTHERN SIDE.

BUT WE FIGURED OUT A WAY TO AT LEAST DO IT CONCEPTUALLY.

AND HOPEFULLY IT WILL COME TO FRUITION SOMEDAY WHEN THAT THAT TRAIL GETS GETS BUILT ALONG WITH THE OTHER PORTIONS OF THE TRAIL OUTSIDE OF OUR PROPERTY.

HERE'S THE BUILDING ELEVATIONS.

I'LL BE HAPPY TO GO OVER THOSE.

WE HAVE A RESORT STYLE POOL, SUNDECK, LEISURE AREAS, GAZEBO, BARBECUE PIT.

THIS IS JUST IN OUR MAIN AMENITY AREA.

WE ALSO HAVE A SECOND AMENITY AREA OFF THE SOUTHEAST CORNER WITH SORT OF A LITTLE MORE QUIETER AREA.

SYNTHETIC TURF THERE'LL BE SOME GAMING AREA CORNHOLE CHESS, BOCCE BALL, LOUNGE FURNITURE, WOOD PARTNERS DOES EXCELLENT, PROVIDES EXCELLENT DEVELOPMENTS.

YOU CAN SEE THIS SHOWS YOU SOME OF THE QUALITY.

HERE'S ALTA SPRING CREEK GARLAND CHARITY GREEN DALLAS.

CHAMPIONS CIRCLE AND FAR NORTH FORT WORTH, I THINK I'LL STOP THERE, I WILL JUST QUICKLY MENTION THE VARIANCE AND THEN SUM UP.

WE'RE ASKING FOR THE VARIANCE FROM 30 TO 20 FEET BECAUSE OF THAT, THAT FLOODPLAIN IN THE BACK AND THE SHALLOWNESS OF OUR SITE.

NOT ONLY DOES THAT CONFINE US, BUT REDUCING THAT SETBACK IN THE FRONT TO 20 FEET GIVES US MORE ROOM FOR OUR AMENITY AREA IN THE BACK OF THE BUILDING, JUST SO WE MAXIMIZE THAT SPACE FOR OUR RESIDENTS.

NOT ONLY THAT, BUT THERE'S A 20 FOOT SETBACK REQUIREMENT IN THE GARLAND DEVELOPMENT CODE FOR MULTIFAMILY.

AND AND WHEN YOU THINK ABOUT THE FIRE WHEEL TOWN CENTER, IT'S ALL URBAN STYLE.

ALL THE BUILDINGS ARE SORT OF UP CLOSER TO THE STREET ANYWAY.

SO IT'S KIND OF I THINK IT'S SOMEWHAT IRONIC OR INTERESTING THAT THE SETBACK WOULD BE GREATER IN THE TOWN CENTER THAN WHAT THE GARLAND DEVELOPMENT CODE IS.

I'LL STOP THERE.

I JUST ASK YOU TO SUPPORT AND FOLLOW STAFF RECOMMENDATION AND PLANNING RECOMMENDATION AND WITH A REQUEST THAT WE BELIEVE MEETS THE SPIRIT INTENT OF THE FIRE WHEEL TOWN CENTER AREA.

VERY GOOD, SIR.

THANK YOU.

ANY QUESTIONS FOR THE APPLICANT? I SEE NONE, MADAM SECRETARY, DO WE HAVE ANY OTHER SPEAKERS ON THIS ITEM? WE DO NOT.

WE DO NOT COUNCIL I HAVE NO OTHER SPEAKERS AND NO ONE IN THE QUEUE.

COUNCIL MEMBER BASS, THANK YOU, MAYOR, THANK YOU FOR YOUR PRESENTATION MAXWELL, MOTION TO APPROVE THE ZONING REQUEST AND THE DETAILED PLAN AS PRESENTED.

VERY GOOD.

THIS WILL BE A MOTION TO APPROVE ITEMS NINE E AND NINE F, AS PRESENTED WITH A SECOND BY A MOTION BY COUNCIL MEMBER BASS, SECOND BY COUNCIL MEMBER MORRIS.

UNLESS THERE'S ANY FURTHER DISCUSSION.

MADAM SECRETARY CAN YOU PREPARE THE VOTE FOR US, PLEASE AND COUNCIL.

AND DISPLAY THE VOTE, THAT ITEM IS APPROVED UNANIMOUSLY.

[00:35:07]

MOVING ON TO OUR NEXT ITEM, NINE ITEM, NINE G.

[Items 9G & 9H]

IT ALSO HAS TWO PARTS.

CONSIDER A ZONING REQUEST BY STANTEC CONSULTING SERVICES INC.

TO EXPAND THE CAR STAGING PARKING LOT FOR CARMAX.

THE SITE IS LOCATED AT 2101, 2110 AND 2201 MILLAY BOULEVARD AND 12715 LYNDON B.

JOHNSON FREEWAY IN DISTRICT FIVE.

THE SECOND PART, NINE H IS TO CONSIDER A DETAILED PLAN.

SAME APPLICANT SAME LOCATION MR. GUERIN.

THANK YOU, MAYOR.

THIS IS A PROPOSAL FOR AN EXPANSION FOR A CAR STAGING PARKING LOT FOR CARMAX.

THE LOCATION IS GENERALLY ALONG THE EASTERN SIDE OF MILLAY BOULEVARD.

THE MAIN CARMAX SITE IS LOCATED KIND OF BETWEEN LBJ FREEWAY AND MILLAY.

THE SITE IS ABOUT JUST UNDER FOUR AND A FOUR AND A HALF ACRES, BUT THE OVERALL CARMAX SITE IS EIGHTEEN POINT EIGHT ACRES AND HERE IS A GENERAL LOCATION OF THE SUBJECT PROPERTY AND MORE SPECIFICALLY, THE LOCATION.

THE MAIN SUBJECT PROPERTY UNDER CONSIDERATION THIS EVENING IS THIS PORTION YOU SEE HERE ALONG KIND OF THE EASTERN AND NORTHEASTERN SIDES OF MILLAY BOULEVARD.

THE PROPERTY DOWN HERE, OF COURSE, IS THE MAIN CARMAX SITE, WHICH THEY WOULD BE EXPANDING HOWEVER, THERE ARE NO ACTUAL CHANGES ON ON THE MAIN CARMAX SITE.

THE IMPROVEMENTS WOULD ALL BE ON THIS EASTERN SIDE OF MILLAY OVER HERE, WHICH CARMAX OWNS.

SOME SURROUNDING PROPERTIES INCLUDE A TOWNHOUSE DEVELOPMENT TO THE EAST AND INDUSTRIAL DEVELOPMENT TO THE NORTH AND SOME OTHER INDUSTRIAL DEVELOPMENTS TO THE NORTHWEST TO THE THERE'S ANOTHER AUTO DEALERSHIP AND OF COURSE, THE DART AND CINEMARK PROPERTIES TO OUR FORMER CINEMARK AND AND THEN, OF COURSE, THE MAIN CARMAX SITE SHOWN THERE.

THE COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS TRANSIT ORIENTED CENTERS.

THIS USE, WHICH REALLY MOSTLY INVOLVES PAVING.

THERE ARE NO VERTICAL IMPROVEMENTS BEING PROPOSED WITH THIS REQUEST.

IT WOULD BE PRIMARILY PAVING FOR THE PARKING AND STORAGE OF VEHICLES.

OF COURSE, WITH SOME LANDSCAPING AND SCREENING, IT DOES LEAVE FUTURE REDEVELOPMENT OPPORTUNITIES OPEN THAT WOULD BE MORE SUPPORTIVE TO THE TRANSIT ORIENTED CENTERS DESIGNATION.

AS FOR PHOTOS, HERE IS THE SUBJECT PROPERTY ON THE LEFT HAND SIDE, AND THIS WOULD INCLUDE THE AREA WHERE THE CARS WOULD BE PARKED.

BUT IMMEDIATELY BEHIND IT, WE'LL GET A CLOSER LOOK, HAVE ANOTHER PHOTO, BUT IMMEDIATELY BEHIND OR ON THE EASTERN PERIMETER OF THIS SITE IS A MASONRY WALL.

AND BEHIND THAT, AS YOU CAN SEE THE TOWNHOUSE DEVELOPMENT.

THE PHOTO ON THE RIGHT HAND SIDE IS, OF COURSE, THE EXISTING CARMAX SITE ACROSS MILLAY HERE'S A PROPOSED SITE PLAN.

THIS, OF COURSE, OVER HERE UP HERE SHOWS THE MAIN CARMAX SITE.

NO CHANGES ARE BEING PROPOSED THERE.

SO THE THE MAIN CONSIDERATION HERE IS THIS PROPERTY HERE ALONG THE EASTERN SIDE OF IT IS GOING TO BE PARKING FOR VEHICLES IN A TANDEM STYLE AND.

CASE NOTES HERE.

HERE'S THE LANDSCAPE PLAN.

THEY WILL BE PROPOSING THEY'RE PROPOSING A ROW, A CONTINUOUS ROW OF TREES, LARGE CANOPY TREES ALONG MILLAY BOULEVARD, A FEW SET BACK AS WELL.

THAT INCLUDES A TOTAL OF FORTY NINE TREES PLANTED ALONG THE LAY, PLUS EIGHT ADDITIONAL TREES SET BACK A BIT FOR A TOTAL OF FIFTY SEVEN, AS WELL AS A ROW OF SHRUBS.

AND THE FENCING WOULD BE A SIX FOOT COATED CHAIN-LINK MESH CHAIN-LINK FENCE AND KIND OF SEE ON THE PHOTO TO THE RIGHT KIND OF AN EXAMPLE.

THIS IS THE CARMAX SIDE OF COURSE, IT'D BE SIMILAR TO THAT TYPE OF FENCING AND LANDSCAPING, ALTHOUGH THIS SITE WOULD BE PRESENTING MORE TREES, I THINK ONLY COUNTED ABOUT SEVENTEEN TREES ALONG THE WEST SIDE OF MILLAY.

THIS APPLICANT WILL BE PROPOSING ABOUT FIFTY SEVEN TOTAL ON THIS EASTERN SIDE.

THE THE ONE DEVIATION THE APPLICANT IS REQUESTING FROM THE PD, THE ORIGINAL PD FROM 1997 WITH THE CARMAX WAS THAT THIS SUBJECT PROPERTY IF, IF AND WHEN IT WERE TO DEVELOP, WAS REQUIRED TO HAVE FIFTY EXCUSE ME, TREES.

NO, NO MORE THAN FIFTY FEET APART ALONG THIS EASTERN PERIMETER OF THE SUBJECT

[00:40:01]

PROPERTY.

THE APPLICANT IS NOT PROPOSING TREES ALONG THAT.

THAT EASTERN SIDE AND THE APPLICANT'S REASONING IS KIND OF SHOWN HERE ON THIS LEFT HAND THE SUBJECT PROPERTY, OF COURSE, IS LOCATED OVER HERE WHERE THE VEHICLES WILL BE PARKED.

AGAIN, THERE IS A MASONRY WALL HERE THAT WILL BE STAYING.

THERE IS A DRAINAGE CREEK, OF COURSE, HERE ON THE OTHER SIDE OF THE WALL AND THEN YOU CAN SEE A DENSE ROW OF VEGETATION THAT'S ON THE TOWNHOUSE, THE RESIDENTIAL SIDE.

SO IT SCREENS THE SUBJECT PROPERTY FAIRLY WELL.

SO THAT THAT IS THE REASONING FOR THE DEVIATION FROM THE APPLICANT.

JUST SOME ADDITIONAL PHOTOS.

THIS IS ON THE RESIDENTIAL SIDE ON TOWN COURT, KIND OF LOOKING NORTH ALONG COURT WAY, THAT IS THE SAME ROW OF VEGETATION.

SO THE SUBJECT PROPERTY IS ON THE OTHER SIDE OF OF THAT VEGETATION THAT'S LOOKING NORTH AND THEN THIS IS LOOKING SOUTH.

STAFF'S RECOMMENDATION IS APPROVAL OF THE REQUEST, AND THE PLANNING COMMISSION RECOMMENDED APPROVAL AS WELL WITH A SEVEN TO ZERO VOTE.

HOWEVER, THEY DID ADD A CONDITION PROHIBITING ANY AUTOMOBILE REPAIRS ON THE SUBJECT SITE, WHICH THE APPLICANT IS IN AGREEMENT WITH THE INTENT OF THE REQUEST, AS THE CARS WOULD BE TAKEN IN BY CARMAX AND THEY WOULD BE STORED HERE UNTIL THEY ARE READY TO BE MOVED OVER TO THE MAIN SITE FOR SALE.

TO GET IT, GET THEM READY AND PUT OUT ON THE LOT FOR SALE.

WE MAILED OUT ONE HUNDRED AND FIFTY SIX LETTERS ON THIS CASE.

WE RECEIVED FOUR IN FAVOR AND SEVEN IN OPPOSITION AND THAT CONCLUDES MY PRESENTATION VERY GOOD.

ANY QUESTIONS FOR STAFF ON THIS ITEM? COUNCIL MEMBER AUBIN THANK YOU, MAYOR.

THANK YOU ALL FOR THE PRESENTATION.

JUST A COUPLE OF QUESTIONS TO CLARIFY THE CURRENT POSTURE.

THE THE REQUEST IS TO AMEND THE PD TO ALLOW FOR THE I THINK IT'S AUTO SALES, BASICALLY.

IS THAT CORRECT? THAT IS CORRECT.

NOW IT SHOULD BE NOTED THAT AUTO SALES, IT IS ALLOWED BY RIGHT ACTUALLY IN THE PD.

IT'S BASED IN INDUSTRIAL ZONING, BUT IT DOES ALLOW AUTO SALES BY RIGHT SO TO BE AN ACCESSORY USE, BUT A DETAILED PLAN IS REQUIRED THROUGH THE PUBLIC HEARING PROCESS.

YES, SIR.

OK.

I THINK THAT'S ALL THE QUESTIONS I HAVE.

I'LL HAVE SOME QUESTIONS FOR THE APPLICANT, OK? COUNCIL LADY MORRIS THANK YOU, MAYOR.

WELL, SEVERAL CITIZENS WHO WROTE IN IN OPPOSITION TO THIS MADE A REFERENCE TO A RETENTION POND, IS IS THERE A RETENTION POND ON THERE SOMEWHERE? ARE THEY REFERRING TO THE DRAINAGE DITCH? DO YOU KNOW THEY MAY BE REFERRING TO THE OVERALL SUBJECT PROPERTY, BUT I PROBABLY WOULDN'T BE ABLE TO SPEAK TO THE DETAILS OF THAT.

BUT PER ENGINEERING, THIS WAS, OF COURSE, REVIEWED BY ENGINEERING.

THEY THEY WILL ALLOW PARKING.

THE MAJORITY OF THE SITE IS FLOODPLAIN, WHICH MAY BE WHY IT'S BEING REFERRED TO AS A THE VAST MAJORITY OF IT, MY UNDERSTANDING IS FLOODPLAIN, BUT PARKING IS ACCEPTABLE, PER THE ENGINEERING DEPARTMENT.

IT'S ACTUALLY BEEN CALLED OUT ON THE PLAT AS THE AS AN ACCEPTABLE USE, INTERESTINGLY ENOUGH, BUT IT DID GO THROUGH ENGINEERING REVIEW.

THEY, THE APPLICANT AND THE APPLICANT, OF COURSE, IS THE CIVIL ENGINEER FOR THE PROJECT MADE SOME SOME CHANGES MODIFICATIONS ON THE PLANS.

THEY DO STILL HAVE TO GO THROUGH THE CIVIL SIDE SITE PERMITTING PROCESS WITH ENGINEERING,BUT THAT HAS BEEN REVIEWED AND VETTED THROUGH THROUGH THE ENGINEERING DEPARTMENT.

YES.

OK, SO A FLOODPLAIN PARKING IS ONE OF THE THINGS ALLOWED AND IF IT FLOODS, THEN THEIR CARS THAT ARE PARKED THERE ARE GOING TO SUFFER THE BRUNT OF THAT.

AND THAT'S A DECISION THAT THEY'VE MADE.

CORRECT.

YEAH.

AND SPEAKING WITH ENGINEERING, THEY THEY WILL ALLOW IT, BUT THEY MAKE ABSOLUTELY SURE THAT THE APPLICANT, THE OWNER ARE ALL AWARE OF OF THE FACT THAT IT'S IN THE FLOODPLAIN.

YES, MA'AM.

OK.

AND AND WHEN WE TALKED ABOUT LANDSCAPING AND SCREENING AND MY UNDERSTANDING CORRECTLY THAT THE LINE OF TREES AND SHRUBBERY THERE, THAT'S THAT IS THE LANDSCAPING AND SCREENING THAT WILL SCREEN AGAINST THE RESIDENTIAL AREA NEARBY.

THAT'S CORRECT.

THE EXISTING THE EXISTING TREES AND SCREENING ALL ON THE EASTERN SIDE.

THAT'S CORRECT.

OK.

AND ARE THOSE ARE THOSE TREES THAT ALL LOSE THEIR LEAVES IN THE WINTER WHERE IT BECOMES THAT IS A GREAT QUESTION.

YEAH, THAT I'M NOT SURE THIS WAS ACTUALLY THIS WAS TAKEN VERY RECENTLY BY THE APPLICANT.

HE ACTUALLY JUST TOOK THIS PROBABLY TWO OR THREE WEEKS AGO.

SO THAT'S DECEMBER.

ALL RIGHT.

IF THAT'S IF THAT IS A CURRENT PICTURE, THEN THEN THAT SATISFIES MY CONCERN.

NOT THAT WE HAVE HAD MUCH OF A WINTER OVERALL THIS YEAR SO FAR.

BUT OK, WELL, THOSE ARE MY ONLY TWO QUESTIONS.

THANK YOU.

THANK YOU.

[00:45:01]

MAYOR PRO TEM HEDRICK THANK YOU, MR. MAYOR.

MR. GUERIN, THE PHOTOMETRIC PLAN INCLUDED IN THE PACK, IT WAS A LITTLE HARD TO READ.

CAN YOU SPEAK TO THAT A LITTLE BIT? YES, SIR.

YEAH, SORRY, IT TAKES A MAGNIFYING GLASS.

BUT YES, THEY DID PROVIDE A LIGHTING PLAN.

THE PD HAD SOME LANGUAGE JUST MAKING SURE, AND IT'S CONSISTENT WITH WHAT'S IN THE GDC ANYWAY, BUT JUST MAKING SURE THAT ANY LIGHTING IN THE ROOM IS KEPT ON SITE AND NOT ONTO ADJACENT PROPERTY.

SO THE LIGHTING PLAN DID SHOW SOME LIGHTING FIXTURES, FREESTANDING LIGHTING FIXTURES, NO TALLER THAN 30 FEET IN HEIGHT, PER THE PD, AROUND THE PERIMETER OF THE PROPERTY SHINING DIRECTLY INTO THE PROPERTY.

SO.

SO PER THE PHOTOMETRIC PLAN, THE LUMINAIRES ARE ALL IT'S ALL SHOWN TO BE KEPT ON SITE IT'S IT'S ZERO.

SO THE LIGHTING, IN OTHER WORDS, THEY'RE THEY'RE SHOWING IN THE DOCUMENTS THAT IT WOULD BE KEPT ON SITE.

OK.

YES.

THANK YOU.

THANK YOU, MR. THANK YOU.

ANY ADDITIONAL QUESTIONS FOR STAFF? MADAM SECRETARY, CALL OUR SPEAKER, PLEASE, OUR FIRST SPEAKER IS PAUL [INAUDIBLE].

AND, SIR, WHEN YOU COME FORWARD, IF YOU CAN GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, MAYOR AND COUNCIL MY NAME IS PAUL HAYNES WITH STANTEC CONSULTING SERVICES INC.

WORK ADDRESS IS 6080 TENNYSON PARKWAY, PLANO, TEXAS 75024.

VERY GOOD.

BE GLAD TO ANSWER ANY QUESTIONS.

ALSO, DAVID [INAUDIBLE] IS HERE WITH WHO'S THE ARCHITECT FOR CARMAX, IF THERE'S OTHER.

OK, VERY GOOD.

WE HAVE THE APPLICANT HERE FOR QUESTIONS.

COUNCIL MEMBER AUBIN THANK YOU, MAYOR.

THANK YOU.

A COUPLE OF QUESTIONS AND I GUESS I'M TRYING TO MAKE SURE I UNDERSTAND THE USE THE USE ESSENTIALLY IS JUST FOR STORAGE OF VEHICLES PRIOR TO THEM BEING PREPPED FOR SALE, CAN YOU ALL HEAR ME OK WITH? WE CAN HEAR YOU OK, WHATEVER YOU'RE COMFORTABLE WITH.

YEAH, IT'S REFERRED TO DAVID.

I'M HOPING I'M REPRESENTING THIS RIGHT IS A STAGING LOT.

AND SO AS YOU CAN ALL WE'VE ALL BOUGHT AND SOLD CARS.

SO WHEN THEY'RE BROUGHT IN AND THEY'RE EITHER PROCESSING TITLE OR THEY'RE GETTING READY FOR MAKE READY, EITHER MINOR REPAIRS OR OIL CHANGES OR ANYTHING, THEY'RE STORED THERE AND THEN BROUGHT BACK OVER TO THE DEALERSHIP FOR COSMETIC OR MINOR REPAIRS AND THEN MADE READY TO COME ONTO THE LOT FOR SALE.

SO IT'S GENERALLY JUST A STORAGE AREA THAT CAN BE SHUTTLED BACK AND FORTH AS REPAIRS ARE OK, SO THERE'LL BE NO SALES THAT ARE GOING TO TAKE PLACE FROM THAT LOT OR NOTHING? NO.

I MEAN, IT'S SIMILAR TO IF YOU ALL HAVE SEEN THE RUSTY WALLACE DEALERSHIP ACROSS THE THERE IS, AND ACTUALLY CARMAX HAS IT ON THE SITE ALREADY WHERE YOU SEE THE MAGAZINE CARS AS A MAKE READY AREA, SO IT'S KIND OF JUST PART OF THE NORMAL BUSINESS MODEL FOR THE DEALERSHIP.

YEAH.

AND MY ONLY CONCERN, I THINK WE CAN FIX THIS ALL IN THE BACK END IS THAT TO THE EXTENT THAT WE APPROVE SOMETHING TONIGHT THAT SAYS APPROVING CAR SALES ON THE LOT.

I DON'T WANT SOME FUTURE THING TO COME IN WHERE, YOU KNOW, WE'RE ALL OF A SUDDEN WE'RE SELLING SOMEBODY SELLING CARS FROM THE LOT CARMAX SAYS.

I DON'T WE DON'T NEED THIS LOT FOR MAKE READY ANYMORE.

SO NOW IT BECOMES FIVE OR SIX.

YEAH, ALL THE NIGHTMARES OF NOW IT'S FIVE OR SIX DIFFERENT USED CAR LOTS KIND OF THING.

I GENERALLY HAD A QUESTION FOR WILL, BUT I THINK IS IT REFERRED TO AS SALES BECAUSE THERE IS NO OTHER KIND OF DESCRIPTION THAT WOULD ADEQUATELY DESCRIBE STAGING LOT? YEAH, I THINK WE CAN.

AND I THINK THE CITY ATTORNEY CAN SPEAK TO THIS BECAUSE IT'S A IT'S A PD.

IF IT'S OK WITH YOU GUYS, I THINK WE CAN AMEND THE PD IN SUCH A WAY SO THAT FUNCTIONALLY, IT'S THE SAME THING.

IT'S STORAGE LOT FOR YOU GUYS.

BUT THERE'S BUT IT'S NOT THERE ARE NO SALES FROM THE LOT, RIGHT? AND, YOU KNOW, NO REPAIRS AND IT'S JUST STORAGE OF VEHICLES TO BE USED AND THEN IT'S CONNECTED TO THE TO THE MAIN USE, RIGHT? IF THAT MAKES SENSE.

AND I THINK WE WE COVERED SOME OF THE BASES AND PLANNING COMMISSION ABOUT THE THE SERVICE ISSUE CAME UP.

YOU KNOW, WOULD CARS BE SERVICED.

WELL, NO, THERE'S THERE'S NO RIGHT.

THERE'S NO FACILITIES THERE.

RIGHT, RIGHT.

IT'D HAVE TO BE BROUGHT TO THE MAIN DEALERSHIP AREA TO BE SERVICED.

SO THERE WOULD NO, I'M COMPLETELY WITH YOU, RIGHT? I JUST ALWAYS WORRY ABOUT THE FUTURE.

WHAT IS THE WHAT IFS OF THE FUTURE THAT SOMETIME IN THE FUTURE, SOMEBODY SAYS, NO, YOU KNOW, WE DON'T NEED THIS LOT.

WE'RE GOING TO SELL IT.

AND NOW IT'S FIVE OR SIX USED CAR LOTS OR SOMETHING.

BUT BUT IF WE CAN BUTTON THAT UP WITH THE CITY ATTORNEY, DO YOU THINK YOU CAN? YEAH, WE CAN WORK WITH THE APPLICANT WITH WITH THE APPLICANT'S CONSENT.

WE CAN CERTAINLY CRAFT A PD ORDINANCE HERE THAT RESTRICTS SOME OF THE USE THAT WOULD BE OTHERWISE ALLOWED BY RIGHT, NAMELY THE AUTO SALES.

[00:50:01]

WE COULD WE COULD PUT A RESTRICTION IN THERE AND ALSO THE NO AUTO REPAIR, WHICH I THINK IS WHAT PLANNING COMMISSION HAD RECOMMENDED AND ALSO SOME OTHER ELEMENTS I THINK YOU MIGHT BE INTERESTED IN.

COUNCILMAN IS THAT PART OF THIS TWO STAGE CRAFTED IN THE THE CLIENT OWNER CAN WORK WITH YOU ON LANGUAGE AND THEN WE CAN BUTTON IT UP.

AND YEAH, I THINK, DAVID, THAT'S I JUST WANT TO MAKE SURE THAT WE WE MEET Y'ALL'S INTENT AND THAT YOU'RE ABLE TO TO MOVE FORWARD.

I MEAN, THIS IS A THIS IS A PIECE OF PROPERTY THAT'S BEEN VACANT AND THAT LOT IS A REAL AND SO I THINK OCCUPYING THAT AND GETTING SOME USE THERE, GETTING IT REPAVED WOULD BE NICE AND IT WOULD PREVENT KIND OF OTHER DELETERIOUS USE AS IT TEND TO HAPPEN IN THAT AREA.

SO I THINK THE PRESENCE WOULD BE GOOD.

SO JUST THE THE VEHICLES THAT COME ON TO THIS LOT, ARE THEY GENERATED FROM TRADE INS AT THAT LOCATION OR ARE THESE COMING IN FROM OTHER LOCATIONS TRANSPORT? DAVID IS THERE'S ANYTHING YOU WANT TO ADDRESS, SOME OF THAT.

I MEAN, I CAN GET MY TWO CENTS, BUT IT MAY BE MISLEADING.

BUT CAN I COME TO THE MIC PLEASE? DAVID [INAUDIBLE] IT'S A COMBINATION OF BOTH.

THEY DO HAVE SOME FROM OTHER FACILITIES, BUT.

AND BUT THEY ALSO HAVE TRADE INS OR THE CARS THAT THEY BUY NOW WHEN THEY THEY BRING IN THE CARS, IF THEY DON'T, THERE ARE CERTAIN CRITERIA, LIKE IF IT'S OVER 100,000 MILES OR IF IT'S GOT DAMAGE OR SOMETHING, THEY GO TO ANOTHER FACILITY WHERE THEY'RE AUCTIONED OFF AND STUFF LIKE THAT.

SO IT'S JUST THE LOT IS ON THE [INAUDIBLE] THE INTENT IS ONLY FOR STORAGE DURING THE CONDITIONING PROCESS.

THEY'RE NOT GOING TO DO ANY REPAIRS OR SALES OR ANYTHING ON THAT LOT AT ALL.

OK.

IS THERE LANGUAGE THAT WE COULD WORK WITH RESPECT TO THE DELIVERIES THAT THAT VEHICLES THAT ARE COMING INTO THE LOT AREN'T? MY ONLY THOUGHT THERE IS, YOU KNOW, I KNOW SOMETIMES DELIVERIES OCCUR AT ODD HOURS.

WE'RE RIGHT NEXT TO A RESIDENTIAL NEIGHBORHOOD.

SO I'D RATHER WE NOT HAVE THE THE LARGE TRANSPORT VEHICLES DELIVERING VEHICLES AT 3:00 IN AND THEY WOULDN'T EVEN BE ABLE TO ACCESS THAT LOT BECAUSE IT'S NOT EVEN IT WOULD BE DELIVERING IT TO THE MAIN LOT.

OH YEAH, SO WE WOULDN'T EVEN HAVE.

NO, THERE'S NO WE HAVE NO INTENTION.

IN FACT, THEY COULDN'T EVEN ACCESS IT BECAUSE OF THE TURN RADIUS AND STUFF.

SO.

OK, PERFECT.

SO I THINK WE HAVE ALL OF THE AND THEN ON THE LIGHTING, WE'VE RAN INTO THIS BEFORE ACTUALLY RIGHT WITH THIS NEIGHBORHOOD.

AND THE IDEA [INAUDIBLE] WHERE WE HAD SOMETHING WITH THE LIGHTING WASN'T DIRECT, BUT IT'S STILL PRODUCED GLARE.

I JUST WANT TO MAKE SURE WE PRINT, YOU KNOW, THAT WE HAVE LIGHTING IN THERE THAT WE'RE CERTAIN IS NOT GOING TO CAUSE TROUBLE TO THE NEIGHBORHOOD.

YOU HAVE THE CUTOFFS.

AND THEN ALSO WE DID SUBMIT PHOTO METRICS OF AT THE AT THE PROPERTY LINES AND IT WAS ALL ZERO FOOT CANDLES.

SO BUT THE CUTOFFS IS WHAT WHAT PRODUCES THE GLARE TO THESE FIXTURES HAVE CUT OFFS IN THE SO.

GREAT.

OK, THANK YOU.

THANK YOU VERY MUCH, MR. MAYOR.

THAT'S ALL THE QUESTIONS I HAVE.

THANK YOU GUYS.

VERY GOOD.

DEPUTY MAYOR PRO TEM WILLIAMS THANK YOU, MAYOR.

GOOD EVENING, SIR.

JUST A COUPLE OF QUESTIONS BASED ON THE FEEDBACK FROM SOME OF THE THE RESPONDENTS, THE RESIDENTS.

ONE OF THE THING THAT THEY RAISED THE CONCERN ABOUT WAS NOISE AND THE LOUDSPEAKERS.

CAN YOU WITH THIS LOT? HOW IS THAT? IS DO YOU HAVE? WILL THAT BE EXTENDED TO THIS LOT? WILL IT BE, YOU KNOW, THAT KIND OF OPEN COMMUNICATION, AMPLIFIED COMMUNICATIONS? AND IF SO, WHAT ARE THE HOURS FOR IT? YOU KNOW, I JUST WANTED I JUST WANT YOU TO ADDRESS IT BECAUSE SOME OF THE RESIDENTS ALONG TOWN GATE RAISED THAT AS A QUESTION.

YOU KNOW, I'VE BEEN WORKING WITH CARMAX FOR OVER 20 YEARS, AND I'VE NEVER IF THERE IS A LOUDSPEAKER, WE DON'T EVER PLAN SPEAKERS IN ANY OF THE LOTS OR ANYTHING LIKE THAT.

SO IF THAT IS ONE, I'M UNAWARE OF THAT.

SO IT'S NOT PART OF THE THE WHOLE PROCESS WITH CARMAX.

SO THERE WOULD BE NO LOUDSPEAKERS IN THIS LOT AT ALL.

YOU KNOW, WE JUST WE JUST HAVE CAMERAS FOR SECURITY AND THAT'S ABOUT IT.

SO OK, OK? AND AGAIN, YOUR TRANSPORT CARRIERS, ENTRY AND EXIT, THEY'LL NOT BE GOING THROUGH THE TOWN GATE NEIGHBORHOOD, RIGHT? NO, THEY CAN'T EVEN GET IN THE.

THEY CANNOT GET INSIDE AT ALL.

ALL RIGHT.

ALL RIGHT.

THANK YOU, SIR.

THANK YOU, MAYOR.

VERY GOOD.

ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? AND I THINK WE HAVE BOTH OF YOU REGISTERED AS SPEAKERS, SO THANK YOU.

AND I BELIEVE COUNCIL, WE'VE CLEARED THE QUEUE ON THE SIDE OF COUNCIL MEMBER AUBIN.

THANK YOU, MAYOR.

I'D LIKE TO COMBINE THESE TWO ITEMS AND MOVE THAT WE APPROVE SUBJECT TO IT COMING BACK WITH AN ORDINANCE FROM THE CITY ATTORNEY THAT ADDRESSES THE ISSUES WE DISCUSSED WITH NO REPAIRS, NO SALES, BASICALLY STORAGE ONLY AND THEN

[00:55:07]

ALSO THE LIGHTING, ANY OTHER ISSUES THAT ARE ASSOCIATED WITH THAT.

VERY GOOD.

I HAVE A I HAVE A MOTION BY COUNCIL MEMBER AUBIN AND A SECOND BY JUST MAKE SURE I'M I'M GETTING SOME GETTING THE POINTS RIGHT HERE.

SO THE CONDITIONS FOR WHICH THIS IS MOTION IS MADE FOR APPROVAL IS NO AUTO SALES ON THE PROPERTY, NO AUTO REPAIR ON THE PROPERTY.

VEHICLES MUST BE OPERABLE AND THE VEHICLES MUST BE ACCESSORY TO THE AUTOMOBILE SALES LAND USE LOCATED ON THE CARMAX LOT ACROSS THE STREET.

IS THAT CORRECT? THAT'S CORRECT.

IS THAT THAT'S GOOD WITH YOU GUYS, RIGHT? I THINK I JUST WANT TO MAKE SURE WE'RE ALL HAPPY.

I THINK THAT'S RIGHT.

AND IF IT BECOMES PROBLEMATIC, IF WHEN YOU TALK TO YOUR FOLKS CERTAINLY LET US KNOW WHAT THE CITY ATTORNEY KNOW AND AND WE'LL REVISIT IT, NOT TRYING TO RESTRICT YOU GUYS AT ALL.

I'M GLAD THAT YOU'RE PUTTING THIS PROPERTY INTO USE AND REPAVING IT, MAKING IT NICE.

BUT I DO WANT TO MAKE SURE THAT FOR THE LONG TERM, WE HAVE PROTECTION FOR THE FOR THE NEIGHBORHOOD AND AND WHATNOT.

OK.

ALL RIGHT, COUNCIL AND THE EVERYBODY'S GOOD WITH THE MOTION, YOU UNDERSTAND, AND THIS WILL COME BACK THROUGH FOR A FINAL APPROVAL OF THE ORDINANCE.

ALL RIGHT.

WITH THAT, MADAM SECRETARY, IF YOU COULD PREPARE THE VOTE FOR US, PLEASE.

[INAUDIBLE] VERA WAS THE SECOND SORRY.

AND PLEASE VOTE.

AND DISPLAY THE VOTE AND THAT ITEM IS APPROVED UNANIMOUSLY.

THANK YOU, GENTLEMEN.

AND THAT WAS OUR LAST.

THAT WAS OUR LAST ITEM FOR INDIVIDUAL CONSIDERATION.

WE ARE AT ITEM 10 CITIZEN COMMENTS.

MADAM SECRETARY, DO WE HAVE ANYONE ONLINE? WE HAVE NO ONLINE SPEAKERS.

OK? IS THERE ANYONE IN THE COUNCIL IN THE CHAMBERS WHO WOULD LIKE TO ADDRESS THE COUNCIL SEEING NONE AT 7:57 WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.