* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:07] WELL, [Call to Order] GOOD EVENING AND WELCOME TO THE NOVEMBER 15TH, 2022 REGULAR MEETING OF THE GARLAND CITY COUNCIL. IT IS A CUSTOM AND TRADITION OF THE CITY COUNCIL TO HAVE AN INVITATION AND RECITAL OF THE PLEDGE, UH, BEFORE OUR MEETINGS LED BY ONE OF OUR COUNCIL MEMBERS. UH, YOUR PARTICIPATION IS COMPLETELY VOLUNTARY AND UP TO YOU, UH, AND THE DECISION YOU MAKE WILL NOT AFFECT ANY OF THE DECISIONS THAT WE MAKE HERE THIS EVENING. UH, TONIGHT WE WILL BE LED BY DISTRICT SIX COUNCIL MEMBER ROBERT VERA. THANK YOU, SIR. THANK YOU, MAYOR. HEAVENLY FATHER, WE GIVE THANKS FOR YOUR BLESSINGS YOU GIVE US EACH DAY. WE THANK YOU FOR GIVING US ALL THE ABILITY TO SERVE OUR COMMUNITY OF GARLAND. WITH THE BEST OF OUR ABILITY FOR YOUR WILL, WE ASK THAT YOU PROTECT AND WATCH OVER THE POLICEMAN, FIREFIGHTERS FIRST RESPONDER FOR OUR COMMUNITY, UH, THEY SERVE THE PEOPLE OF GARLAND WAS THE BEST OF OUR ABILITY TO, FOR YOUR WILL. WE ASK THAT YOU PROTECT AND WATCH OVER THE FIREFIGHTERS FIRST RESPONDERS OF OUR COMMUNITY AS THEY SERVE THE PEOPLE OF GARLAND WITH THE UTMOST ATTENTION AND CARE. WE PRAY OVER OUR MILITARY ARMED SERVICES LOCALLY AND AROUND THE WORLD AS THEY SERVE THOSE IN THEIR CARE. WE PRAY FOR THE MAYOR, CITY COUNCIL, CITY OFFICIALS AND MEMBERS AND MEMBERS OF THIS COMMUNITY. UH, THEY OFTEN PUT THE DESIRES OF OTHERS ABOVE THEMSELVES, AND WE PRAY THAT THEY FIND REST IN YOU. WE PRAY THAT ALL HAVE A HAPPY AND SAFE THANKSGIVING, HOLIDAYS. AGAIN, WE THANK YOU FOR YOUR CONTINUOUS LOVE AND GRACE AND THE NAME OF THE FATHER'S SON AND THE HOLY SPIRIT. A PLEASURE RELIGIONS TO PLAY OF THE UNITED STATES OF AMERICA AND TWO OF THE PUBLIC WHO, WHICH THE STANCE ONE NATION UNDERCUT INDIVISIBLE, THE JUSTICE FOR ALL. ONCE [Mayoral Proclamations, Recognitions, and Announcements] AGAIN, GOOD EVENING. I DON'T HAVE ANY, UH, WE DON'T HAVE ANY PROCLAMATIONS OR ANYTHING TONIGHT, SO WE WILL JUST GO STRAIGHT INTO OUR AGENDA. UH, THE FIRST ITEM [Consent Agenda] ON OUR AGENDA IS THE CONSENT AGENDA. ALL ITEMS UNDER THIS SECTION ARE RECOMMENDED FOR APPROVAL BY A SINGLE MOTION OF COUNSEL. WITHOUT DISCUSSION, COUNSEL 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 COUNSEL TO REQUEST THAT AN ITEM BE REMOVED AND CONSIDERED SEPARATELY. AT THIS POINT, I DON'T HAVE ANY REQUESTS. UH, LET ME READ THROUGH THE CONSENT AGENDA. ITEM ONE, CONSIDER APPROVAL OF THE MINUTES OF THE NOVEMBER 1ST, 2022, REGULAR MEETING. ITEM TWO, CONSIDER APPROVAL OF THE FOLLOWING BIDS. ITEM TWO, A CENTRAL LIBRARY CONSTRUCTION SERVICES. ITEM TWO B, WATER AND WASTEWATER MAINS REPLACEMENT ITEM TWO C SEDANS. ITEM TWO D, ASPHALT PATCHING TRUCK. ITEM TWO E, REPLACEMENT BUS FOR SENIOR ACTIVITY CENTER. ITEM TWO F ROSE HILL ROAD STREET, SCAPES. ITEM TWO, G, GP AND L COLLEGE TO JUPITER, 1 38 KV TRANSMISSION LINE MATERIALS. ITEM TWO H TMPA GIBBONS CREEK SUBSTATION MATERIALS. ITEM TWO I, GP AND L BEN DAVIS, SUBSTATION CONTROL ENCLOSURE, EXCUSE ME. ITEM TWO J, GP AND L AND TMPA HERBICIDE SPRAYING SERVICES. ITEM TWO K, GP, AND L LOOKOUT SUBSTATION, NTT TERMINAL AND BUS HARDENING. ITEM TWO L, SWITCH GEARS FOR WAREHOUSE INVENTORY. ITEM THREE, A PUBLIC HEARING WAS PREVIOUSLY CONDUCTED FOR THE FOLLOWING ZONING CASE. COUNSEL APPROVED THE REQUEST AND INSTRUCTED STAFF TO BRING FORTH THE FOLLOWING ORDINANCE FOR CONSIDERATION. ITEM THREE A IS ZONING FILE NUMBER Z 22 DASH 60, DON GORDON IN DISTRICT EIGHT. AND THE FINAL ITEM, ITEM [00:05:01] FOUR, CONSIDER AN ORDINANCE AMENDING CHAPTER 31, ENGINEERING OF THE CODE OF ORDINANCES OF THE CITY OF GARLAND, TEXAS, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE. IS THERE ANYONE WHO WOULD LIKE TO HAVE ANY OF THESE ITEMS PULLED AND CONSIDERED SEPARATELY? I SEE NONE. COUNCIL RIVERA. THANK YOU, MAYOR. I'LL MAKE A MOTION THAT WE APPROVE THE MINUTES PRIOR. LAST MEETING WOULD BE THE CONSENT AGENDA. THE CONSENT AGENDA, OKAY. I MEAN, OKAY. SECOND. ALL RIGHT. I HAVE A MOTION BY COUNCIL MEMBER RIVERA, A SECOND BY COUNCIL MEMBER HEDRICK TO APPROVE THE CONSENT AGENDA AS PRESENTED. ANY FURTHER DISCUSSION? I SECRETARY, IF YOU COULD PREPARE THE VOTE FOR US, PLEASE. WELL, IT'S NOT GIVING ME THE OPTION . UH, I'D REALLY LIKE TO VOTE FOR THIS ITEM. UH, BUT, UH, MY, MY VOTE PAD IS NOT GIVING. IT'S ONLY GIVING ME THE OPTION TO VOTE NO AT THIS POINT, WHICH IS KIND OF ODD. BUT, UH, UH, LET'S A RECORD TO REFLECT MATTER OF SECRETARY, CAN YOU DISPLAY THE VOTE FOR US PLEASE? AND THE MAYOR IS VOTING IN AFFIRMATIVE AS WELL. SO IT IS UNANIMOUS , NEVER A DULL MOMENT. UH, THIS WILL MOVE US TO ITEMS FOR INDIVIDUAL CONSIDERATION. UH, MADAME SECRETARY, IF YOU COULD COVER THE SPEAKER REGULATIONS FOR ME, PLEASE? YES, SIR. THE OPPORTUNITY TO SPEAK IS GIVEN TO PROVIDE TESTIMONY RATHER THAN TO QUESTION CITY COUNCIL OR STAFF. THE CHAIR MAY CALL A SPEAKER OUT. I DON'T THINK YOUR MIC IS ON. I'M SORRY. . WELL, , THEN YOU'RE ON YOUR OWN . THE CHAIR MAY CALL A SPEAKER OUT OF ORDER IF THE SPEAKER PRESENTS QUESTIONS OR REQUESTS FOR INFORMATION THAT WILL UNDULY BUSINESS AT THIS MEETING. SPEAKER 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. APPLICANTS ARE ALLOWED 10 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. VERY GOOD. AND I'M SURE WE HAVE SPEAKERS SIGNED UP FOR THIS EVENING. WE DO. OKAY. BOTH APPLICANTS AND ONE SPEAKER FOR, UH, COMMENTS. OKAY, VERY GOOD. UH, WE WILL MOVE TO OUR FIRST ITEM UNDER THIS SECTION. ITEM FIVE, [5. Consider a resolution of the City of Garland, Texas finding and determining that the public necessity and convenience require the acquisition of property rights located on or near Ferris Road, in the City of Garland, Texas, said property interest 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.] CONSIDER A RESOLUTION OF THE CITY OF GARLAND, TEXAS. FINDING AND DETERMINING THAT THE PUBLIC NECESSITY AND CONVENIENCE REQUIRED THE ACQUISITION OF PROPERTY RIGHTS LOCATED ON OR NEAR FERRIS ROAD IN THE CITY OF GARLAND, 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 THERE TOO, PROVIDING FURTHER AUTHORIZATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS RESOLUTION AND PROVIDING AN EFFECTIVE DATE. COUNCIL MEMBER BASS, I BELIEVE YOU HAVE THE MOTION LANGUAGE. THANK YOU, MAYOR. I MOVED THAT THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS AUTHORIZED THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE PROPERTY INTERESTS ON THE PROPERTY ON OR NEAR FERRIS ROAD IN GARLAND, TEXAS. AND AS MORE FULLY DESCRIBED IN EXHIBIT A TO THE PROPOSED ORDINANCE LOCATED WITHIN THE CITY OF GARLAND, DALLAS COUNTY, TEXAS, FOR THE COMPLETION OF A WATER LOOP ALONG THE NORTH SIDE OF PRESIDENT GEORGE BUSH TURNPIKE, TO PROVIDE ADEQUATE WATER PRESSURE AND VOLUME ALONG THE ONE 90 CORRIDOR. MY MOTION INCLUDES APPROVAL OF THE, THE PROPOSED RESOLUTION AND INTENDS THAT THE RECORD VOTE ON THIS MATTER APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED. VERY GOOD. AND ALL OF THE, THE PROPER, THERE'S SOME VERY SPECIFIC LANGUAGE THAT HAS TO BE READ AND THE CITY ATTORNEY IS GIVING ME THE THUMBS UP. SO WE HAVE A, UH, BY COUNCIL MEMBER BASS AND A SECOND BY MAYOR PRO TIM MORRIS, UH, TO APPROVE THIS ITEM. ANY FURTHER DISCUSSION? MADAM SECRETARY, PREPARE THE VOTE FOR US AND COUNSEL AND DISPLAY THE VOTE THAT ITEM IS PASSED UNANIMOUSLY. THANK YOU, SIR. NEXT IS ITEM SIX, HOLD PUBLIC HEARINGS. [Items 6A & 6B] UH, THE FIRST ITEM WE HAVE, UH, ACTUALLY HAS TWO PARTS. UH, ITEM SIX A CONSIDER A ZONING REQUEST BY MAXWELL FISHER ZONE DEB ON BEHALF OF HCA HEALTHCARE, KYLE MARTIN, TO ALLOW MEDICAL CLINIC WITH AMBULANCE SERVICE. THIS [00:10:01] SITE IS LOCATED AT 33 18 WEST BUCKINGHAM ROAD IN DISTRICT SIX. THE SECOND PART OF THIS, UH, THIS ITEM SIX B, UH, IS CONSIDERED A DETAILED PLAN. UH, SAME APPLICANT, SAME ADDRESS, MR. GARRIN AARON COUNCIL. GOOD EVENING. THIS IS A PROPOSAL FOR A MEDICAL CLINIC WITH AMBULANCE SERVICE. THE SUBJECT LOCATION IS 33 18 WEST BUCKINGHAM ROAD. THE ACREAGE OF THE SITE IS 1.86 ACRES, AND IT IS WITHIN PLAN DEVELOPMENT DISTRICT 17 DASH 18. UM, THAT WAS, UM, HAD A DETAILED PLAN WITH IT BACK IN 2017. IT HAD A, UM, A GROCERY STORE CONTEMPLATED IN THAT DETAIL PLAN, BUT THAT DID NOT MOVE FORWARD. SO THIS REQUEST IS FOR A, UM, AGAIN, EMERGENCY MEDICAL CLINIC. UM, HERE IS A GENERAL LOCATION OF THE SUBJECT PROPERTY NEAR BUCKINGHAM AND JUPITER ROAD. AND SUBJECT PROPERTY IS SHOWN HERE. IT IS CURRENTLY VACANT AND THE LAND TO THE EAST AND SOUTH IS ALSO VACANT, IS WITHIN THE SAME PD, UH, TO THE WEST IS THE HTO, A DRIVE THROUGH T UH, ESTABLISHMENT. AND FURTHER TO THE WEST IS A, A BANK AND A WALGREENS TO THE NORTH ACROSS BUCKINGHAM ROAD, OUR VARIOUS COMMERCIAL AND RETAIL USES. THERE'S A HOME DEPOT A LITTLE FURTHER TO THE NORTH, UH, A LITTLE FURTHER TO THE EAST AS AN APARTMENT COMPLEX, FURTHER TO THE SOUTH ACROSS THE WOODED AREAS AND OTHER APARTMENT COMPLEX AND SOME SINGLE FAMILY NEIGHBORHOODS BEYOND THAT. THE CONFERENCE OF PLAN IDENTIFIES THIS AREA AS COMPACT NEIGHBORHOODS, UH, WHICH GENERALLY CORRESPONDS WITH RESIDENTIAL DEVELOPMENT. HOWEVER, THERE IS, UH, LANGUAGE IN THE, UM, UH, DESCRIPTION THAT, UH, UH, SAYS THAT THESE AREAS MAY ACCOMMODATE USES SUCH AS CONVENIENCE, RETAIL, OFFICE SPACE, AND PUBLIC SERVICES. UM, AND, UM, WE FIND THAT THIS USE CONTRIBUTES, UH, TO, AND IS SUPPORTIVE TO THE SURROUNDING AREA BY EXPANDING, UH, MEDICAL SERVICES, UH, FOR THE COMMUNITY. UM, THE APPLICANT HAS STATED THAT THIS, UM, UH, FACILITY WOULD PROVIDE, UH, FASTER ACCESS TO EMERGENCY SERVICES AND REDUCE, UH, ER WAIT TIMES IN THE AREA. HERE'S SOME PHOTOS OF THE AREA, INCLUDING THE SUBJECT PROPERTY ON THE TOP LEFT HAND PHOTO. AND HERE'S THE PROPOSED SITE PLAN. THE PROPOSED BUILDING IS, UM, ABOUT 11,570 SQUARE FEET, UM, FOR A, AGAIN, AN EMERGENCY MEDICAL CLINIC OR A FREESTANDING EMERGENCY ROOM AS THE APPLICANT, UH, CALLS IT. THERE ARE THREE WAYS IN AND OUT. UH, THERE'S TWO ACCESS POINTS FROM BUCKINGHAM ROAD AS WELL AS CONNECTION TO A ACCESS DRIVE THAT CONTINUES ON THROUGH THE WALGREENS AND, UH, WELLS FARGO BANK AREA THAT EVENTUALLY CONNECTS TO NORTH JUPITER ROAD. THE, UH, SITE PLAN, INCLUDING THE PARKING REQUIREMENTS, UH, COMPLY WITH THE GDC, AS DOES THE LANDSCAPING. IT COMPLIES WITH THE GDC AND THE, UH, BUILDING ELEVATIONS COMPLY WITH THE BUILDING DESIGN REQUIREMENTS OF THE GDC AS WELL. UM, AND THE APPLICANT, UH, HAS, UH, DESCRIBED THIS USE AS, UM, OR A LITTLE DESCRIPTION OF THE USE PER THEIR NARRATIVE. THE MEDICAL FACILITY WOULD BE A 24 HOUR, HOUR OUTPATIENT SERVICE OFFERING, UH, 10 EXAM ROOMS IN ONE TRIAGE ROOM. UH, THE FACILITY WOULD OFFER, UH, RADIOLOGICAL SERVICES INCLUDING CT CAN AND RADIOGRAPHY AS WELL AS A LAB. UM, THERE WOULD BE NO OVER OVERNIGHT STAYS SURGERIES OR DIETARY, UH, OR CAFETERIA OFFERINGS. AND THE AMBULANCE SERVICE COMPONENT IS LARGELY USED BY OUTGOING AMBULANCES THAT WOULD TRANSPORT FACILITIES, OR EXCUSE ME, TRANSPORT, UH, PATIENTS TO, UH, THE LOCAL FULL SERVICE HOSPITAL. UM, STATS RECOMMENDATION IS APPROVAL OF THE REQUEST AND THE PLAN COMMISSION RECOMMENDED APPROVAL AS WELL WITH AN EIGHT TO ZERO VOTE DURING THEIR OCTOBER 24TH MEETING. AND MAYOR, WE MAILED OUT 25 NOTIFICATION LETTERS ON THIS CASE. WE RECEIVED, UH, ONE IN FAVOR AND ONE AGAINST BOTH WITHIN THE NOTIFICATION AREA, AND WE ALSO RECEIVED ONE IN FAVOR OUTSIDE THE NOTIFICATION AREA, AND I'LL BE GLAD TO ANSWER ANY QUESTIONS YOU HAVE. VERY GOOD. ANY QUESTIONS FOR STAFF ON THIS ITEM? I SEE NONE. THANK YOU, SIR. THANK YOU. I'M SECRETARY. IF YOU CAN CALL OUR FIRST SPEAKER ON THIS MAXWELL FISHER. MR. FISHER, I'LL ASK YOU TO GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE, AND THEN YOU'LL HAVE 10 MINUTES TO MAKE YOUR PRESENTATION. GREAT. THANK YOU. MAYOR COUNCIL MAXWELL FISHER WITH ZONE DEB 25 0 2 GRANDVIEW DRIVE, RICHARDSON, TEXAS 75,080, REPRESENTING HCA MEDICAL CITY. DALLAS MEDICAL CITY'S EXCITED TO BRING, UM, A EMERGENCY ROOM THAT WILL BE SORT OF AN EXTENSION OF THE HOSPITAL, AND I DON'T KNOW IF YOU'VE BEEN [00:15:01] TO THE HOSPITAL EMERGENCY ROOMS RECENTLY, THE COUPLE I'VE BEEN TO IN PLANO AND, UH, RICHARDSON AREAS WHERE, UM, VERY, VERY, VERY LONG. AND SO THIS, THIS IS, UM, AIM TO HELP REDUCE THE NUMBER OR THE, THE WAIT TIMES THAT PEOPLE EXPERIENCE IN EMERGENCY ROOMS. SO WE'RE EXCITED TO BRING THIS FACILITY, THIS PART OF GARLAND. THERE'LL BE 11,570 SQUARE FOOT FACILITY, 24 7 EMERGENCY CARE. THERE'LL BE 11 TREATMENT ROOMS. THIS STAFF MENTIONED THERE WOULD BE AN AMBULANCE SERVICE COMPONENT. UM, IT'S VERY MINIMAL. MOST OF THE AMBULANCES WOULD BE ACTUALLY TAKING SOMEONE FROM THE FACILITY TO THE HOSPITAL. ANY EVENT THIS FACILITY COULDN'T HANDLE SOME SORT OF TRAUMA OR SOME SORT OF ESCALATED MEDICAL ISSUE. SO, UM, WE'RE TALKING, WELL, YOU KNOW, AROUND ONE AMBULANCE, UM, A DAY. UM, SO VERY MINIMAL COMPARED TO A HOSPITAL. UM, AND FREESTANDING EMERGENCY ROOM. YOU KNOW, A LOT OF TIMES HARD TO UNDERSTAND WHAT THAT IS VERSUS URGENT CARE. A LOT OF PEOPLE ARE FAMILIAR WITH URGENT CARES, AND SO I WANTED TO PROVIDE A DIFFERENCE BETWEEN WHAT THIS FACILITY WOULD PROVIDE VERSUS AN URGENT CARE. SO THIS WOULD HAVE EMERGENCY SERVICES. IT PROVIDES A LITTLE MORE CARE THAN AN URGENT CARE WOULD. THERE'S A PHYSICIAN ON, ON THE PROPERTY, WHEREAS AN URGENT CARE MAY NOT HAVE ONE, MAY HAVE DOUBLE THE STAFF AT ABOUT, YOU KNOW, FOUR TO EIGHT VERSUS THREE OR FOUR PEOPLE THAT YOU WOULD HAVE AT URGENT CARE. THERE'S, THERE'S MORE SOPHISTICATED LABS AND IMAGING, UM, ACCESS AT THIS FACILITY, AND THEN YOU HAVE A BETTER NETWORK, UM, TO HOSPITALS TIED INTO MEDICAL CITY, UH, WITH THIS FACILITY AND THERE WOULD BE AN AMBULANCE SERVICE. HERE'S THE LANDSCAPE PLAN. I'M HAPPY TO ANSWER QUESTIONS ON IT. WE'RE, WE'RE COMPLYING WITH THE CODE, UM, HERE, BUILDING ELEVATIONS. WE HAVE A NICE WARM ENTRY WITH SOME, A SIMULATED, UH, WOOD, UM, STONE THERE, UH, AS WELL AS SOME EIS AND STUCCO. UM, I'LL SUMMARIZE HERE. WE THINK THAT THIS USES, ALIGNS WITH THE RETAIL USES ALONG THIS INTERSECTION AND PROVIDE GREATER ACCESS TO EMERGENCY SERVICES, REDUCE ER WAIT TIMES, UM, AND JUST THE INCREASED COMPETITION JUST, UM, PROVIDES GREATER HEALTHCARE STANDARDS AND CREATES MEDICAL JOBS, UH, FOR THE AREA. SO WE WOULD ASK THE, UH, COUNSEL TO FOLLOW BOTH CITY STAFF AND PLAN COMMISSION RECOMMENDATION AND, AND SUPPORT THIS REQUEST. AND WE'LL BE, UM, HERE TO ANSWER ANY QUESTIONS. THANKS. VERY GOOD, SIR. UH, ANY QUESTIONS FOR THE APPLICANT ON THIS ITEM? COUNCIL BASS. THANK YOU. THINK YOU MAXWELL. HEY, CAN YOU TALK A LITTLE BIT ABOUT MORE ABOUT THE AMBULANCE SERVICE? IS THIS GOING TO BE A PRIVATE SERVICE? IS IT GONNA BE AN ON-CALL SERVICE THAT'S POSTED THERE? CAN YOU SPEAK A LITTLE BIT MORE ABOUT THAT? UH, WELL THE AMBULANCE, THERE WON'T BE ANY AMBULANCE ON SITE THAT JUST STAYS THERE. SO IT WOULD BE, IT WOULD BE AN AMBULANCE, THAT SERVICE THAT WOULD JUST COME TO THE SITE TO EITHER BRING SOMEBODY DIRECTLY FROM A HOME OR A BUSINESS IF THEY HAVE AN EMERGENCY, WHICH IS VERY FEW, IT'D PROBABLY BE, UM, LESS THAN ONE A DAY. I THINK A HANDFUL A WEEK WOULD BE THE MOST THREE TO FIVE. UM, AND THEN OCCASIONALLY HAVE SOMEBODY WHO, UM, JUST NEEDS TO GO DIRECTLY TO MEDICAL CITY HOSPITAL FROM, FROM THIS FACILITY. MAYBE THEY GET HERE AND THEY, THEY'RE NOT THAT BAD AND IT ESCALATES QUICKLY AND THEY NEED TO GO TO A FULL, FULL SCALE HOSPITAL. UM, SO VERY LIMITED SERVICE. OKAY. AND SO THERE'S NOT GOING TO BE AN AMBULANCE STATION THERE FROM A PRIVATE COMPANY? NO. OKAY. NOT GONNA, NO, WE'RE NOT GONNA HAVE ONE ON SITE. OKAY. AWESOME. THANK YOU, MAXWELL. THANK YOU MAYOR LUCK. HI. UM, HOW FAR AWAY IS THE CLOSEST FULL SERVICE HOSPITAL FROM THIS LOCATION? THAT'S A GOOD QUESTION. UM, I WOULD SAY GEORGE BUSH ARE PROBABLY BE THE CLOSEST. RICHARDSON METHODIST. YEAH. YEAH, RICHARD AND METHODIST WOULD BE THE CLOSEST ONE SINCE THE, AGAIN, SO SINCE IT'S A MEDICAL CITY, UM, RELATED ENTITY, IT'S NOT, THEY'RE, THEY'LL GO TO THE NEAREST FACILITY. THEY'RE NOT GOING SPECIFICALLY TO OTHER HOSPITAL, LIKE ANOTHER MEDICAL CITY HOSPITAL LOCATION. THEY GO, YEAH, THEY'LL, THEY'LL GO TO THE MEDICAL CITY HOSPITAL THAT, THAT'S IN DALLAS. UM, WHEN YOU LOOK AT THE MEDICAL CITY INFRASTRUCTURE OR THE NETWORK, THIS AREA IS DEVOID, UM, AS WE'RE KIND OF FILLING A HOLE, UM, A NEED IN THIS AREA FOR THE MEDICAL CITY NETWORK FOR SURE. BUT I MEAN, ANYBODY CAN GO HERE, OF COURSE, YOU KNOW. RIGHT. YEAH. VERY GOOD. MAYOR PRO TIM MORRIS. THANK YOU. UM, MAXWELL, THE MIKE IS REALLY HOT AGAIN, HOT MIC, NICE THUMB. BACK IT UP. UM, YOUR, YOUR ESTIMATE OF THREE TO FIVE AMBULANCES COMING AND GOING A WEEK, WHERE DOES THAT COME FROM? WHERE, WHERE HAS THAT ESTIMATE BEEN DRAWN FROM? IS THERE ANOTHER VERY SIMILAR FACILITY THAT, THAT YOU'RE WORKING FROM? YEAH, I MEAN, THE MEDICAL CITY [00:20:01] DALLAS PROVIDED DATA FROM SOME OF THEIR OTHER FACILITIES, UM, THAT ARE, THAT ARE, YOU KNOW, FREESTANDING MEDICAL FACILITIES AND THEY HAVE THE DATA THAT SHOWS WHAT, WHAT THIS TYPE OF FACILITY WOULD GENERATE. AND IT'S, IT IS AN ESTIMATION, BUT THAT, THAT IS WHERE IT'S FROM. OKAY. THAT, THAT'S WHAT I WANTED TO KNOW. THANK YOU. THANK YOU, MAYOR. VERY GOOD. COUNCIL WILLIAMS. THANK, THANK YOU, MAYOR. EVENING. ME. GOOD EVENING. GOOD TO SEE YOU AGAIN. UH, JUST FOR CLARIFICATION, INSTEAD OF PIGGYBACK ON COUNCILMAN BA QUESTION, YOU, YOU RESPOND TO HIS QUESTION WAS THAT THERE WOULD BE NO, NO, UH, AMBULANCES PERMANENTLY STATIONED AT THIS FACILITY, CORRECT? YEAH, WE WOULDN'T HAVE ONE ON SITE THAT JUST SITS THERE. UM, OKAY. OKAY. MY, MY READING OF, OF THE REPORT AND BACKGROUND SAYS IS THIS, THIS APPLICANT PROPOSES A MEDICAL CLINIC WITH AMBULANCE SERVICE TO RECONCILE YOUR, YOUR ANSWER THERE AND WHAT I'M READING HERE, AMBULANCE SERVICE MEANING THAT AN AMBULANCE CAN COME TO THE PROPERTY AND LEAVE THE PROPERTY, IT DOESN'T MEAN WE'RE GONNA HAVE A SERVICE THAT IS STATIONED THERE. SO IF THAT WAS, WHAT IF THAT WAS CONFUSING, THAT'S MAYBE MY FAULT, BUT WE WOULDN'T HAVE AN AMBULANCE THAT SITS IN THE PROPERTY AND GOES AND PICKS SOMEONE UP AND COMES BACK. IT WOULD JUST BE, OH, I'M, I'M AT HOME, I'M CALLING THE AMBULANCE, AND THE AMBULANCE MAY TAKE ME TO THIS FACILITY, WHICH IS VERY, VERY, VERY RARE. IT'S MORE THE CASE WHERE MOST PEOPLE WOULD DRIVE THEMSELVES TO THIS FACILITY AND IT, AND THEN THE MEDICAL STAFF WOULD BE LIKE, WE CAN'T HANDLE THIS. THIS PERSON, THEY NEED TO GO DIRECTLY TO A HOSPITAL. AND SO THEY WOULD CALL, UH, AN AMBULANCE AND THE AMBULANCE WOULD PICK THAT PERSON UP AND TAKE THEM FROM THE FACILITY TO THE HOSPITAL. SO IT'S NOT REALLY GENERATING, PEOPLE ARE NOT BEING DROPPED OFF, UM, BY AMBULANCE, VERY RARE, UM, AT THIS FACILITY LIKE YOU WOULD HAVE AT A HOSPITAL, WHICH IS VERY, VERY COMMON TO HAVE BE DROPPED OFF BY AN AMBULANCE. IT'S JUST MORE OF, MORE OF THE AMBULANCE IS MORE, TAKING SOMEONE FROM THIS FACILITY THAT'S ALREADY THERE TO A HOSPITAL WOULD BE THE BIGGEST GENERATION. BUT EVEN THAT'S SOMEWHAT RARE BECAUSE THEY GET, THEY GET EMERGENCY SERVICE AND THEY CAN, YOU KNOW, THE, UM, IT DOESN'T ESCALATE ANYMORE THAN, THAN WHEN THEY COME IN THE FACILITY, BUT SOMETIMES IT DOES. OF COURSE. OKAY. OKAY. WELL, I I, I BRING THAT UP BECAUSE I THINK FOR MORE FOR THE PUBLIC CLARIFICATION MM-HMM. , AND I THINK YOUR RESPONSE TO COUNCILMAN BA AND WHAT I'M READING HERE SAID TWO DIFFERENT THINGS, IS WHEN, WHEN YOU TELL ME THAT WITH, WITH ANIMAL SERVICE, I'M AUTOMATICALLY GONNA THINK, YOU KNOW, THAT, THAT IT HAS THAT SERVICE SO THAT THAT YEAH, I SEE WHAT YOU'RE SAYING. YOU SEE WHAT I'M SAYING? YEAH. COULD, COULD HAVE BEEN WORDED BETTER APPRECIATED. OH, OKAY. OKAY. BECAUSE WE, WE'VE GOT SOME SIMILAR FACILITIES IN THIS CITY AND NONE OF THOSE FACILITIES HAVE AN AMBULANCE PARKED. THERE ARE AMBULANCE SERVICES. SO I'M JUST LOOKING AT THE LANGUAGE HERE, AND THIS LANGUAGE DOES NOT, IT'S NOT CONSISTENT WITH YOUR RESPONSE TO COUNCILMAN BARR'S QUESTION. SO COULD WE CLARIFY THAT? AND, AND YOU'VE CLARIFIED IT FOR ME. OKAY. YEAH. BUT I JUST WANTED TO MAKE THAT POINT TO YOU. OKAY. THAT WE MAKE, WANNA MAKE SURE THAT THAT WHATEVER REACTION WE TAKE, THAT THE PUBLIC HAS ACCURATE INFORMATION AS TO THIS FACILITY. OKAY. NOT EXPECTING SOMETHING THAT YOU'VE SAID YOURSELF WOULD NOT BE AVAILABLE, CORRECT. AM I GOT IT? OKAY. ALL RIGHT. THANK YOU. THANK YOU, MAYOR. VERY GOOD. SORRY, UH, ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? I SEE NONE. UH, IS THERE ANY, UH, I'M GUESSING THIS IS THE ONLY SPEAKER CARD WE HAVE ON THIS ITEM. YES, SIR. IT IS THE ONLY ONE. OKAY. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE. COUNCIL REVE, THE SENIOR DISTRICT, SIR. THANK YOU, MAYOR. UH, I MAKE A MOTION THAT WE APPROVE THIS REQUEST AND ACCORDING TO STAFF SECOND, AND THIS WOULD BE FOR ITEM SIX A AND B SIX B. YES, SIR. I HAVE A MOTION BY COUNCILMAN REVERE TO APPROVE THE ITEMS AS PRESENTED WITH A SECOND, UH, BY DEPUTY MAYOR PRO TIM SMITH. ANY FURTHER DISCUSSION? MADAM SECRETARY, PREPARE THE VOTE FORCE PLEASE AND COUNSEL AND DISPLAY THE VOTE. THAT ITEM IS, THOSE ITEMS ARE APPROVED UNANIMOUSLY. THANK YOU, SIR. UH, NEXT WE HAVE [6C. Consider a request by Luis Fernando Gutierrez, to allow a zoning change from Single-Family-7 (SF-7) District to a Planned Development (PD) District for Neighborhood Services Uses. The property is located at 820 West Miller Road in District 5.] ITEM SIX C. CONSIDER REQUEST BY LUIS FERNANDO GUTIEREZ TO ALLOW A ZONING CHANGE FROM SINGLE FAMILY SEVEN DISTRICT TO PLAN DEVELOPMENT DISTRICT FOR NEIGHBORHOOD SERVICES. USES. THIS PROPERTY IS LOCATED AT EIGHT 20 WEST MILLER ROAD IN DISTRICT FIVE. MAYOR COUNSEL. THANK YOU. SO THIS IS A REQUEST, A CHANGE OF ZONING REQUEST FROM SINGLE FAMILY SEVEN SF SEVEN, UH, TO A PD BASED IN NEIGHBORHOOD SERVICES. AND THE LOCATION OF THE SUBJECT PROPERTY IS EIGHT 20 WEST MILLER ROAD. [00:25:01] AND THE, UM, ACREAGE OF THE SUBJECT PROPERTY IS JUST OVER ONE ACRE. AND AGAIN, THE CURRENT ZONING IS SF SEVEN. HERE'S A GENERAL LOCATION OF THE SUBJECT PROPERTY AND SHOWN MORE SPECIFICALLY HERE. THERE'S, UM, CURRENTLY A CHURCH, UH, BUILDING ON THE SUBJECT PROPERTY, AND AS YOU CAN TELL, IT'S ADJACENT TO, UM, RICKWOOD AND PARK AND THE NEW SKATE PARK, UM, JUST TO THE EAST OF IT IS, UM, ARE SOME SINGLE FAMILY RESIDENCES. FURTHER TO THE EAST OF THAT IS A MULTI-FAMILY COMPLEX. UM, IMMEDIATELY ACROSS THE ROAD, ACROSS MILLER ROAD FROM THE PROPERTY IS, UH, SHOPPING CENTER AREA, SOME VARIOUS COMMERCIAL AND RETAIL USES. AND, UM, THE CONFERENCE THAT PLAN IDENTIFIES THE SUBJECT SITE AND THE SURROUNDING AREAS, TRADITIONAL NEIGHBORHOODS, WHICH DOES, UM, GENERALLY, UH, KIND OF ALIGN WITH SINGLE FAMILY RESIDENTIAL USES. UM, WHAT WE'VE, UH, OF COURSE IT DOES RECOGNIZE SOME NON RESIDENTIAL USES ARE WITHIN WALKING DISTANCE OF THE NEIGHBORHOODS. THEY SERVE AND INCLUDE MINIMAL ONSITE PARKING. UM, THIS PROPOSAL OFFERS AN OPPORTUNITY ON A TRACK THAT'S ORIENTED TOWARDS WEST MILLER ROAD, WHICH IS CONSIDERED A MAJOR, UH, THOROUGHFARE IN GARLAND, UM, UH, FOR A SUPPORTIVE COMMERCIAL OR RETAIL USE TO THE SURROUNDING AREA, INCLUDING THE PARK AND NEARBY RESIDENCES. UH, FURTHERMORE, ANY TRAFFIC GENERATED BY NON-RESIDENTIAL USES WOULD BE FOCUSED ON MILLER ROAD, UM, WHICH AGAIN IS A A FOUR LANE DIVIDED COLLECTOR ROAD AND WOULD NOT INCREASE TRAFFIC, THE RESIDENTIAL AREAS. SO, UM, ANY ACCESS WOULD BE PRIMARILY OFF OF, UH, MILLER ROAD. UM, THE, UH, HERE'S SOME PHOTOS OF THE AREA. THIS IS THE SUBJECT PROPERTY, PROPERTY HERE. THERE'S AN EXISTING BUILDING WHICH IS USED FOR A CHURCH, AND THERE'S ALSO AN ACTIVITY ACCESSORY ACTIVITIES BUILDING IN THE, IN THE REAR. UH, JUST BEHIND THERE, HERE'S SOME OTHER PHOTOS OF THE SUBJECT PROPERTY, OR EXCUSE ME, THE SURROUNDING, SURROUNDING AREAS. AND A LITTLE BACKGROUND OF THE, UH, REQUEST. THE, UM, PROPERTY IS CURRENTLY DEVELOPED AS A CHURCH. UH, AS I MENTIONED BEFORE, WITH A MAIN BUILDING AN ACCESSORY ACTIVITIES BUILDING, AS WELL AS A STORAGE SHED. THE APPLICANT REQUESTS THE REZONING WITH THE PURPOSE OF MAKING THE PROPERTY MORE MARKETABLE. UM, THEY ARE INTERESTED IN AT SOME POINT SELLING, UH, THE PROPERTY. UM, HOWEVER, AT THIS TIME, ACCORDING TO THE APPLICANT, THE PROPERTY IS NOT ON THE MARKET AND THERE ARE NO, UH, PROPOSED PLANS AT THIS TIME FOR, UM, REDEVELOPMENT OR DEVELOPMENT OR, UM, ANY EXPANSIONS. UH, AND MEANWHILE, UNTIL, UH, UNTIL SUCH ACTION IS TAKEN, THE PROPERTY WOULD BE, UH, WOULD CONTINUE TO FUNCTION AS A CHURCH. AND CHURCHES OF, OF COURSE, ARE ALLOWED, UH, PER ZONING IN ANY ZONING DISTRICT, INCLUDING SF SEVEN. SO THE, UM, WHEN THIS WENT TO PLAN COMMISSION, THE COMMISSION, UM, DUG INTO THIS, UH, THE, THE INITIAL REQUEST ACTUALLY BY THE APPLICANT WAS A STRAIGHT ZONING FROM SF SEVEN TO COMMUNITY RETAIL DISTRICT. AND AT THE COMMISSION, UH, HEARING THERE WERE SOME CONCERNS, UM, ABOUT THE, UH, UH, OF SOME USES IN THE COMMUNITY RETAIL ZONING DISTRICT. UM, SO ULTIMATELY THE COMMISSION, UM, RECOMMENDED DENIAL OF THE COMMUNITY RETAIL ZONING. HOWEVER, THEY RECOMMENDED, UM, UH, FAVORABLY TOWARDS A NEIGHBORHOOD SERVICES ZONING DISTRICT. UM, BUT THE CONVERSATION OF A POSSIBLE PD TO KIND OF MIX, UM, COMMUNITY RETAIL WITH NEIGHBORHOOD SERVICES DID COME UP. UH, ULTIMATELY WE DIDN'T GO GO TOO MUCH INTO THE WEEDS OF THAT, BUT THE COMMISSION SUGGESTED THAT THE APPLICANT WORK WITH STAFF AND, UH, COME UP WITH PERHAPS A, A PD IF NOT A STRAIGHT ZONING TO NEIGHBORHOOD SERVICES AND, AND PRESENT THAT TO COUNCIL. SO, UH, THE APPLICANT HAS DONE SO, HAS WORKED WITH STAFF AND WHAT'S PRESENTED THIS EVENING IS A PD THAT'S BASED IN THE NEIGHBORHOOD SERVICES, WHICH STILL ALLOWS SOME USES THAT THE, UH, COMMISSION WAS FAVOR FAVORABLE TOWARDS, SUCH AS RETAIL, UM, OFFICE, UM, ART STUDIO, FITNESS STUDIO, OR SOME OTHER EXAMPLES. UM, BUT RESTAURANT WAS ANOTHER EXAMPLE THAT, UH, UH, WAS BROUGHT UP. HOWEVER, THAT'S NOT ALLOWED BY RIGHT IN NEIGHBORHOOD SERVICES, WHERE AS IT IS IN COMMUNITY RETAIL. SO, UM, THAT'S AN EXAMPLE OF A USE WHERE THE APPLICANT IS ALLOW, UH, REQUESTING TO ALLOW IT BY. RIGHT. SO I'LL JUST KIND OF RUN THROUGH THE LIST HERE. UM, AS I MENTIONED, IT DEFERS TO THE NEIGHBORHOOD SERVICES ZONING DISTRICT, WHICH HAS THE LIST OF USES IN THE GDC AND THE LAND USE MATRIX. HOWEVER, THE APPLICANT IS REQUESTING TO ADD, UM, CONVENIENT STORE, UH, BY RIGHT, WHEREAS IT WOULD BE, UM, ALLOWED ONLY WITH AN S U IN THE NEIGHBORHOOD SERVICES DISTRICT. I SHOULD MENTION THAT THAT'S A CONVENIENT STORE ONLY, THAT DOES NOT INCLUDE FUEL PUMPS, WHICH WOULD BE A SEPARATE LAND USE AND WOULD NOT BE ALLOWED, UH, LAUNDROMAT, UH, TO BE ALLOWED BY. RIGHT. WHEREAS THAT'S ONLY ALLOWED BY U AND NEIGHBORHOOD SERVICES, UM, MOBILE FOOD TRUCK PARK TO BE ALLOWED BY U WHEREAS THAT CURRENTLY IS NOT RECOGNIZED AS AN ALLOWED USE IN NEIGHBORHOOD SERVICES. AND THE APPLICANT FINALLY, UH, REQUEST TO ALLOW RESTAURANT BY RIGHT, UM, WHICH IS CURRENTLY ONLY ALLOWED BY U [00:30:01] AND NEIGHBORHOOD SERVICES. AND THAT RESTAURANT DOES NOT NECESSARILY INCLUDE A DRIVE THROUGH. THAT'S JUST A, A RESTAURANT USE THAT WAS A PARTICULAR USE THAT, UM, WAS DISCUSSED IN THE HEARING AS BEING, UM, SEEN AS, AS BEING FAVORABLE AND APPROPRIATE FOR THE SITE AND PERHAPS SUPPORTIVE TO THE, UH, SKATE PARK. SO, UM, STAFF'S RECOMMENDATION IS APPROVAL OF THE REQUEST. UH, CERTAINLY APPRECIATE THE COLLABORATION WITH THE PLAN COMMISSION AND THE APPLICANT WORKING WITH STAFF AND ADHERING TO THE RECOMMENDATIONS THAT CAME OUT OF THAT MEETING. AND I, OF COURSE, I MENTIONED THE PLAN COMMISSION'S, UH, RECOMMENDATION EARLIER, AND SO THE APPLICANT HAS RESPONDED ACCORDINGLY WITH THIS, UH, PD REQUEST. AND MAYOR, WE, UH, MAILED OUT, UM, 49 NOTIFICATION LETTERS ON THIS CASE, AND WE RECEIVED, UM, FIVE AGAINST THE REQUEST ALL WITHIN THE NOTIFICATION AREA. I'LL BE GLAD TO ANSWER YOUR QUESTIONS. VERY GOOD. ANY QUESTIONS FOR STAFF ON THIS ITEM? CUSTOMER WILLIAMS. THANK YOU, MAYOR. UH, GOOD EVENING, MR. GARRIN. GOOD EVENING. CAN YOU SUMMARIZE, CAUSE I DIDN'T SEE ANYTHING IN THE REPORT, YOU SAID THERE WERE FIVE OBJECTIONS? YES, SIR. CAN, CAN YOU SUMMARIZE THE, THE CORE FOCUS OF THOSE OBJECTIONS? I DIDN'T SEE ANY COMMENTARY HERE. HE DID NOT LEAVE. DID YOU HAVE, DO YOU HAVE A SENSE OF I I DO NOT. THEY, THEY, UM, MAILED BACK THE RESPONSES CHECKED AGAINST, BUT THEY DID NOT LEAVE ANY, ANY COMMENTS. OKAY, SIR. OKAY. ALL RIGHT. THANK YOU. THANK YOU, MAYOR. THANK YOU, SIR. ANY ADDITIONAL COMMENT OR QUESTIONS FOR STAFF? LOOK, UM, I, WE JUST GOT A BRAND NEW SKATE PARK. WE'RE BUILDING EVEN MORE IN PHASE TWO OF RICK ODEN AT THAT PARK. WITHOUT KNOWING EXACTLY WHAT MIGHT GO THERE, I'M RELUCTANT TO DO ANY KIND OF A ZONING CHANGE. WE'VE INVESTED A LOT OF TIME AND MONEY INTO THAT AREA. SO I'M I MOTION TO DENY THIS REQUEST. OH, WELL, WE'VE GOT, WE'RE A LITTLE AHEAD OF THE, WE STILL HAVE TIME. WE HAVE STILL HAVE TO ALLOW THE APPLICANT, SO WE'LL COME BACK TO THAT. OKAY. OKAY. ANY ADDITIONAL QUESTIONS FOR STAFF ? COUNSEL WILLIAMS, YOU'RE BACK IN THE QUEUE. YES, I AM. GO AHEAD, SIR. THANK YOU, MAYOR. UH, MY QUESTIONS NOW FOR MR. GARRIN MORE FOR THE CITY ATTORNEY. IF I, IF I HEARD MR. GARIN RIGHT, HE SAID THAT THIS REQUEST WAS PRIMARILY MAKE THE PROPERTY MORE MARKETABLE. DID I HEAR YOU CORRECTLY, MR. KAREN? UH, THAT'S ACCORDING TO THE APPLICANT. THEY'RE INTERESTED IN, IN SELLING THE PROPER, SO THEY IN ZONED A COMMERCIAL RATHER THAN RESIDENTIAL? YES, SIR. OKAY. IS THAT, HEARING THAT RESPONSE, IS THAT A FACTOR IN, IN OUR DISPOSITION OF THIS REQUEST? IT SHOULD NOT BE THE PROPER, SHOULD NOT BE CORRECT. NO, YOU SHOULD NOT CONSIDER THAT JUST BECAUSE THE REASON WHY HE WANTS TO HAVE THIS PARTICULAR, UM, UM, ZONING FOR A LAND USE, UM, UM, IT IS, IT IS A PROPER CONSIDERATION THAT YOU DO NOT KNOW EXACTLY WHAT THE LAND USE IS GOING TO BE. SO IT'S DIFFICULT TO TELL WHETHER OR NOT IT'S APPROPRIATE LAND USE FOR THIS LOCATION OR NOT IF YOU DON'T KNOW WHAT THE LAND USE IS. RIGHT. RIGHT, RIGHT, RIGHT, RIGHT, RIGHT. BUT, BUT THE FACT THAT THE INTENT OF THE PURPOSE SHOULD NOT BE A FACTOR IN OUR DELIBERATIONS, AM I CORRECT MR. ATTORNEY? YES, SIR, YOU'RE CORRECT. THANK YOU. THANK YOU, MAYOR. OKAY. HANG CLEAN UP QUEUE HERE. ALL RIGHT. UM, I THANK YOU, SIR. UM, I'M SECRETARY. IF YOU, IF WE HAVE LOOK AT THIS ED FERNANDO. OKAY, SIR, IF YOU CAN COME FORWARD PLEASE AND IF YOU COULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. YOU'LL HAVE 10 MINUTES TO MAKE A PRESENTATION OR JUST ANSWER QUESTIONS UP TO YOU. OKAY. GOOD EVENING. MY NAME IS LU FERNANDO WITH THE ADDRESS. UM, I REPRESENT ILAS LOOSE. UM, MY HOME ADDRESS IS 75 15 SUMMIT VIEW LANE IN SAE, TEXAS 75,048. UM, THE PRESENTATION IS PRETTY MUCH ALREADY DONE. UM, I DON'T HAVE A FORMAL PRESENTATION, BUT I KNOW THERE'S GONNA BE QUESTIONS, SO I'M HERE TO ANSWER THOSE QUESTIONS. OKAY, VERY GOOD. UH, COUNSEL, WE HAVE THE APPLICANT HERE. UH, ANY QUESTIONS FOR THE APPLICANT? I SEE NONE. THANK YOU, SIR. AND MATTER SECRETARY, THAT WAS THE ONLY SPEAKER CARD WE HAD ON THE ITEM. YES, SIR. THAT'S THE ONLY SPEAKER CARD. OKAY. IS THERE ANYONE ELSE WHO [00:35:01] WOULD LIKE TO SPEAK ON THIS ITEM? I SEE NONE. UH, COUNCIL MEMBER LUCK. THIS IS IN YOUR DISTRICT. UH, WE HAVE NO FURTHER SPEAKERS. I MOTION, WE DENY THE ZONING REQUEST CHANGE, CHANGE IN ZONING. WE HAVE A MOTION BY COUNCIL MEMBER LUCK TO DENY WITH A SECOND. UH, BY DEPUTY MAYOR PRO, TIM SMITH. UH, HANG ON ONE SECOND. COUNCIL MEMBER HEDRICK. THANK YOU, MR. MAYOR. UH, THESE KIND OF ENTITLEMENTS IS SOMETHING THAT'S DONE VERY FREQUENTLY THAT, UH, APPLICANTS OR LANDOWNERS SEEK ENTITLEMENTS OF PROPERTY TO MAKE IT MORE VALUABLE FOR THEM. UH, I THINK THE USES THEY'RE ASKING FOR ARE REASONABLE NEXT TO THE USE THAT WE HAVE NOW AT RICK OEN PARK. SO I'LL BE AGAINST THE DENIAL. THANK YOU. VERY GOOD, SIR. VERY GOOD. CLEANING UP A LITTLE QUEUE HERE. UH, I HAVE NO OTHER SPEAKERS IN THE QUEUE. UM, MATTER. SECRETARY, IF YOU COULD PREPARE THE VOTE FOR US AND COUNSEL. UH, AGAIN, THE MOTION IS TO DENY, AND IF COUNSEL, IF YOU COULD VOTE PLEASE OR I THINK IT'LL COME UP HERE. AND COUNCIL MEMBER LUCK AND DISPLAY THE VOTE, PLEASE. THAT MOTION PASSES, UH, WITH COUNCIL MEMBERS BASS, UH, THE MAYOR AND COUNCIL MEMBER HEDRICK IN OPPOSITION. SO THE MOTION TO DENY, THE MOTION TO DENY HAS PASSED . SORRY, I DIDN'T SAY THAT VERY WELL THE FIRST TIME. THANK YOU. UH, NEXT [Items 6D & 6E] CASE. UH, ITEM SIX D. THIS, THIS NEXT CASE HAS TWO PARTS. AGAIN, UH, ITEM SIX D CONSIDER A SPECIFIC USE PROVISION RENEWAL REQUEST BY WILLIAM BEBB FRANCIS III TO ALLOW THE CONTINUATION OF AN EXISTING CELLULAR TOWER. THIS PROPERTY IS LOCATED AT 5,200 BOB TOWN ROAD IN DISTRICT THREE. UH, PART TWO OF IT IS SIX E IS CONSIDER A SITE PLAN. SAME APPLICANT, SAME APPLICANT, SAME ADDRESS. HANG ON A SECOND. THOUGHT I HAD TURN YOUR DOG. ALL RIGHT, GO AHEAD AARON. COUNCIL , THIS IS A PROPOSAL FOR AN S U A RENEWAL OF AN EXISTING CELLULAR TOWER, AND THE LOCATION IS 5,200 BOB TOWN ROAD. AND THE, UM, OVERALL ACREAGE OF THIS PROPERTY WHERE THE TOWERS LOCATED IS JUST UNDER FIVE ACRES. HOWEVER, THE LEASE AREA IN QUESTION IS ABOUT 0.2, UH, ACRES, AND IT IS CURRENTLY ZONED AGRICULTURAL OR AG FOR SHORT. HERE'S A GENERAL LOCATION OF THE SUBJECT PROPERTY IN SOUTH GARLAND, AND, UH, MORE SPECIFICALLY SHOWN HERE. THIS IS THE OVERALL SUBJECT PROPERTY. THERE ARE ACTUALLY TWO TOWERS ON THE SITE. THERE IS, UH, ACTUALLY A TALLER ONE. THE ONE IN QUESTION, THE SUBJECT TOWER IS ABOUT A HUNDRED FEET IN HEIGHT. THERE'S ANOTHER ONE THAT'S ALMOST 400 FEET, HOWEVER, THAT IS NOT PART OF THIS REQUEST THAT WAS, UH, CONSIDERED AND APPROVED, UM, COMPLETELY SEPARATELY FROM THIS, FROM THIS U UH, BUT AS YOU CAN SEE IT ZONE AG AND, UH, THE SURROUNDING AREAS PRIMARILY, UH, RESIDENTIAL. AND THE TOWER HAS BEEN IN EXISTENCE SINCE ABOUT 1992. UH, THE SUBJECT PROPERTY, EXCUSE ME, THE COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS COMP, UH, TRADITIONAL NEIGHBORHOODS, UH, WHICH IS PRIMARILY, UM, YOU KNOW, SINGLE FAMILY NEIGHBORHOODS. UM, THE EXISTING MONOPOLE TOWER PROVIDES CRITICAL INFRASTRUCTURE FOR AT AND T WIRELESS, UH, CONTINUING SERVICE, UH, TO THE SURROUNDING AREA. UH, THE APPLICANT IS NOT PROPOSING ANY CHANGES TO THE TOWER, ANY HEIGHT INCREASES OR SITE IMPROVEMENTS. THEY'RE SIMPLY ASKING TO, UH, RENEW THE U AND CONTINUE, UH, THE USE OF THE TOWER AS IT EXISTS TODAY. AND THAT, UH, YOU CAN KIND OF SEE IT'S, IT'S THE SHORTER OF THE, THE TWO TOWERS YOU CAN KIND OF SEE THERE ON THE LEFT, UH, RIGHT THERE. AND THERE'S SOME OTHER PHOTOS OF THE SURROUNDING AREA AND SEE THE ELEVATIONS. THE APPLICANT WENT AHEAD AND SHOWED THE, THE TALLER GUIDE TOWER, BUT AGAIN, THAT'S, THAT'S JUST KIND OF A SIDE BY SIDE COMPARISON. I'VE CIRCLED HERE THE ACTUAL SUBJECT, UM, CELLULAR TOWER, WHICH AGAIN IS 100 FEET IN HEIGHT. AND THE APPLICANT REQUESTS THE U TO BE IN EFFECT FOR A TIME PERIOD OF 30 YEARS AS RECOMMENDED BY THE PLAN COMMISSION. THE INITIAL REQUEST WAS A LONGER TIME PERIOD. HOWEVER, THE PLAN COMMISSIONER RECOMMENDED THEY ADHERE TO THE TIME PERIOD AS YOU P TIME PERIOD GUIDE, UH, WHICH 30 YEARS, UH, ALIGNS WITH THAT. STAFF'S RECOMMENDATION [00:40:01] IS APPROVAL OF THE REQUEST AND THE PLAN COMMISSION RECOMMENDED APPROVAL AS WELL WITH AN EIGHT TO ZERO VOTE, UH, WITH OF COURSE THE 30 YEAR TIME PERIOD WHICH THE APPLICANT CONCUR WITH. AND MAYOR, WE MAILED OUT 166 NOTIFICATION LETTERS ON THIS CASE. WE RECEIVED FIVE IN FAVOR AND TWO AGAINST, AND THOSE WERE ALL WITHIN THE NOTIFICATION AREA. I'D BE GLAD TO ANSWER YOUR QUESTIONS. VERY GOOD. ANY QUESTIONS FOR STAFF ON THIS ITEM? I SEEN, THANK YOU. WILL, THANK YOU. I'M SECRETARY. YOU CALL OUR SPEAKER WILLIAM, BE FRANCIS. SIR, IF I CAN GET YOU TO GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. YOU'LL HAVE 10 MINUTES TO MAKE A PRESENTATION OR ANSWER QUESTIONS. YOUR CHOICE. GREAT, THANK YOU MAYOR COUNCIL BEBB FRANCIS, ONE 12 EAST PEON SAN ANTONIO. I'M THE ATTORNEY FOR AMERICAN TOWER CORPORATION AND ITS SUBSIDIARY GTP ACQUISITION PARTNERS. FIRST AND FOREMOST, I WANT TO THANK THE PLAN COMMISSION. THEY WERE THOROUGH IN THEIR DISCUSSION AND WE APPRECIATE THEIR RECOMMENDATION TO YOU FOR APPROVAL OF THIS RENEWAL. IMPORTANTLY, I WANT TO THANK WILL AND THE MEMBERS OF THE TEAM, PARTICULARLY NABA, NABIHA, EXCUSE ME. SHE HAS BEEN INCREDIBLE TO WORK WITH OVER THE MONTHS. WE'VE BEEN SO THOROUGH AND, UM, I WAS LAUGHING WITH WILL A MOMENT AGO. IF SHE HAS CALLER ID, I'M SURE WHEN SHE'D SEE MY NAME POP UP, IT'D BE ANOTHER. OH MY GOSH. BUT SHE'S WORKED WITH US TO MAKE SURE WE HAVE THE ABSOLUTE BEST APPLICATION TO PRESENT TO YOU. THIS, UM, AS WE ADDITIONALLY APPRECIATE STAFF'S RECOMMENDATION AND THAT WE APPLY, WE COMPLY WITH ALL THE CODE PROVISIONS AND YOUR PLAN PROVISIONS. SO MAYOR, MEMBERS OF THE COUNCIL, WERE RESPECTFULLY REQUESTING YOUR APPROVAL OF THIS AMENDMENT TO THE, UH, SPECIFIC USE PROVISION. AND I LOOK FORWARD TO ANY QUESTIONS OR COMMENTS THAT YOU MAY HAVE. THANK YOU, BOO. THANK YOU, SIR. ANY QUESTIONS FOR THE APPLICANT? I SEE NONE. I BELIEVE THAT WAS OUR ONLY SPEAKER ON THIS ITEM. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ITEM? C NONE. COUNCIL MEMBER MOORE. THIS IS IN YOUR DISTRICT, SIR. THANK YOU, MR. MAYOR. I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE RE S U RENEWAL AS WELL AS THE SITE PLAN, AS REQUESTED AND RECOMMENDED BY THE PLANNING COMMISSION AND OUR STAFF. VERY GOOD. I HAVE A MOTION TO APPROVE ITEM SIX D AND SIX E, UH, BY COUNCIL MEMBER MOORE, UH, WITH A SECOND BY MAYOR PRO, TIM MORRIS. ANY FURTHER DISCUSSION? MADAM SECRETARY, IF YOU COULD PRESS THE VOTE FOR US PLEASE, AND COUNCIL AND DISPLAY THE VOTE, THAT ITEM OR THOSE ITEMS ARE APPROVED UNANIMOUSLY. THANK YOU SIR. APPRECIATE IT. GOODNIGHT. THAT WAS OUR LAST ZONING ITEM FOR THE EVENING. OUR OUR [7. Citizen comments] NEXT ITEM IS ITEM SEVEN, CITIZEN COMMENTS. PERSONS WISHING TO ADDRESS ISSUES NOT ON THE AGENDA. MAY HAVE THREE MINUTES TO ADDRESS COUNSEL AT THIS TIME. COUNSEL IS PROHIBITED FROM DISCUSSING ANY ITEM NOT POSTED ACCORDING TO THE TEXAS OPEN MEETINGS ACT. SECRETARY CALL. I BELIEVE WE HAVE A SPEAKER. WE HAVE ONE SPEAKER, RANDALL CARNES. MR. CARNES, IF YOU COULD COME FORWARD AND IF YOU COULD GIVE US, WHEN YOU GET HERE, GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND YOU WILL HAVE THREE MINUTES. HANG ON ONE SECOND. LET'S GET TO, THERE WE GO. GO AHEAD. HELLO EVERYBODY. UH, MY NAME IS RANDALL CARNS. I'M A GARLAND RESIDENT. I LIVE AT 7 21 PEBBLE CREEK DRIVE, GARLAND, TEXAS 75,040. I'M ACTUALLY IN DISTRICT EIGHT. UM, THE REASON I CAME BEFORE YOU TODAY, UH, YESTERDAY AT ABOUT 3:30 PM UH, CAR LEFT THE ROADWAY AND CRASHED INTO MY HOME. I LIVE AT THE INTERSECTION OF PEBBLE CREEK DRIVE AND BELTLINE WHERE BELTLINE MAKES THE CURVE FROM. IT'S RIGHT THERE WHERE IT MAKES THE CURVE FROM HEADING NORTH TO HEADING WEST, BASICALLY. UM, THE CAR DID QUITE A BIT OF DAMAGE TO MY HOUSE. FORTUNATELY, NOBODY WAS INJURED. IF ANYBODY HAD BEEN INTO THE TWO FRONT BEDROOMS, THERE COULD HAVE BEEN SOME PRETTY GRAVE INJURIES. BUT FORTUNATELY NOBODY WAS HURT. NOT EVEN THE DRIVER. UM, THE DRIVER HIMSELF, I WAS INFORMED BY THE POLICE, HAD NO INSURANCE, NO LICENSE. UM, HE WAS TICKETED FOR AN IMPROPER LANE CHANGE. SO I'M NOT SURE HOW THAT WORKS, UM, . BUT THE THING IS, THIS IS THE SECOND TIME IN TWO YEARS THAT A VEHICLE HAS LEFT THAT ROADWAY AND HIT MY HOUSE. UM, THE MORNING OF THE REALLY BAD EYE STORM THAT WE HAD AT THE BEGINNING OF 2021, A LADY WENT THROUGH MY FENCE AND SHATTERED THE FENCE AND FILLED THE POOL WITH LIKE DEBRIS AND THAT SORT OF THING. UM, I'VE LIVED THERE ABOUT TWO AND A HALF YEARS AND IN THAT TIME I'VE SEEN THEM REPLACE I THINK THREE LAMP POSTS [00:45:02] AS WELL RIGHT THERE AT THAT INTERSECTION. AND I'VE TALKED TO THE NEIGHBORS AND THE NEIGHBORS HAVE TOLD ME LIKE THE PEOPLE THAT LIKE THE LADY ACROSS FROM ME, SHE'S LIVED THERE FOR 42 YEARS AND SHE SAID THAT SHE'S SEEN LIKE MULTIPLE CAR WRECKS. AND EVEN MY BIG OAK TREE IN FRONT IS, HAS A MASSIVE SCAR. UM, I WAS LOOKING TODAY AND THERE'S A 45 MILE AN HOUR SPEED LIMIT SIGN HEADING NORTH ON BELTLINE ROAD OR AT A CRISP. AND THEN THERE'S ABOUT A HALF MILE OF ACTUALLY VERY WELL TIMED LIGHTS. SO ANYBODY ON BELTLINE HEADING NORTH, THEY GET A FULL 45 MILES AN HOUR PLUS. SO IF YOU STAND AT MY HOUSE AND LOOK DOWN, BELTLINE COMING THAT WAY, PEOPLE ARE GOING LIKE HIGHWAY SPEED BASICALLY. UM, I'M KIND OF AFRAID TO MOW THAT SIDE OF MY YARD BECAUSE I'M KIND OF TAKING MY LIFE IN MY HANDS. LIKE I ONLY MOW GOING AGAINST COUNTERFLOW TO TRAFFIC BASICALLY. UM, AND THE CURVE IS ALSO BANKED OUTWARDS. SO AS CARS ARE COMING ALONG, THEY'RE ACTUALLY BEING PULLED OUTSIDE OF THE HUMP AND THE ROAD'S NOT VERY SMOOTH AS WELL. UH, SO I, I SPOKE TODAY TO DIFFERENT MEMBERS OF LIKE TRAFFIC AND, AND THAT SORT OF, OF OF EMPLOYEES AND TRAFFIC SAID THEY'RE PLANNING TO PUT CHEVRON SIGNS ALONG THAT CURVE. LIKE THE YELLOW, IT'S LIKE YELLOW SQUARE WITH A CHEVRON. IT'S LIKE A WARNING, RIGHT? THEY'RE GONNA PUT THOSE, UM, TO, TO KIND OF HELP, YOU KNOW. BUT I'M NOT SURE. I MEAN THIS GUY, THERE'S NO WAY HE WAS DOING 45 MILES AN HOUR. HE HIT THE CURVE SO HARD THAT THIS LITTLE HONDA ACTUALLY FLIPPED AND SKIPPED MY WHOLE YARD AND HIT THE HOUSE UPSIDE DOWN AND IT ACTUALLY DAMAGED MY GUTTER AND THE SOFFIT, UH, AS, AS WELL AS LIKE CRASHING INTO TWO, TWO BEDROOMS AND THE WALL BETWEEN THE TWO BEDROOMS, IT HIT SO HARD THAT IT ACTUALLY SHOVED THAT WALL A COUPLE INCHES AND INTO THE HOUSE. IT'S LIKE THOSE TWO BEDROOM DOORS DON'T REALLY CLOSE ANYMORE. SO IN LIGHT OF THAT, I PUT IN A RECORDS REQUEST TO FIND OUT, OKAY, HOW MANY ACCIDENTS HAVE BEEN AT THIS SITE, YOU KNOW, BETWEEN 700 AND 900 BLOCK OF BELT LINE, HOW MANY ACCIDENTS HAVE BEEN RIGHT THERE AT PEBBLE CREEK AND BELT LINE? IT'S A 10 DAY WAITING PERIOD. SO I WASN'T ABLE TO BRING YOU GUYS THAT DATA OR I WOULD'VE, BUT THIS ONLY HAPPENED YESTERDAY AND IT WAS FRESH, SO I WASN'T ABLE TO GATHER THAT FOR YOU. I'M ALSO WAITING ON THE ACCIDENT REPORT FROM THE POLICE DEPARTMENT. THAT'S LIKE A FIVE DAY WAITING PERIOD FOR THEM TO HAVE THAT TURNED IN AND IN RECORDS AND STUFF. SO SOLUTIONS, RIGHT? WHICH IS WHY I'M HERE. WHY I WANTED TO COME IN FRONT OF YOU GUYS. UM, I KNOW YOU'VE DONE THIS TRAFFIC STUDY RECENTLY. THEY HAD ONE OF THOSE RADAR MACHINES OUT IN FRONT AND THEY ACTUALLY DID PUT SOME LIMITED SITE DISTANCE SIGNS ON THAT CURVE, BUT IT'S KIND OF IRONIC, THE SIGN IS REALLY SMALL AND IT'S ON A CURVE SO IT'S HARD TO READ CUZ IT'S A LIMITED SIGHT DISTANCE. IT'S SORT OF A CHICKEN AND EGG SCENARIO THERE. UM, SO REALLY I'M COMING BEFORE YOU RIGHT NOW TO KIND OF GET THE BALL MOVING, UH, AND ASK YOU LIKE TO IMPLORE YOU ACTUALLY, IS THERE ANYTHING WE CAN DO AS FAR AS LIKE BALLARDS, UH, RETAINING WALLS, GUARDRAILS? IS THERE ANY KIND OF A SOLUTION THAT WE CAN START THINKING OF TO, TO REMEDY THIS? BASICALLY? UM, NOBODY WAS IN THOSE BEDROOMS AT THAT TIME, BUT LIKE MY FATHER STAYED WITH ME FOR THE LAST MONTH AND HE ONLY LEFT LIKE LAST WEEK. IF HE'D HAVE BEEN IN THAT BED, HE'D HAVE BEEN KILLED FOR SURE. HE'D HAVE BEEN KILLED FOR SURE WITH THE FORCE OF A HONDA CIVIC SMASHING THE HEADBOARD INTO THE BED. IT HIT THAT IT'S, IT WAS A, IT'S A BIG MASSIVE OAK BED FRAME AND IT HIT IT SO HARD THAT IT KNOCKED IT ACROSS THE WALL AND LIKE FIRE DEPARTMENT COULDN'T GET IT IN THERE EITHER. THEY HAD TO HAVE TWO GUYS SHOULDER THE DOOR TO GET IN THE OTHER BEDROOM YOU COULDN'T GET INTO EITHER CUZ IT KNOCKED FURNITURE INTO THE WALL AND THEY ACTUALLY HAD TO GO THROUGH THE WINDOW OUTSIDE TO, TO GET IN AND, AND CHECK IT AND EVERYTHING. SO, UM, I JUST WANNA THANK YOU FOR YOUR TIME AND APPRECIATE YOU, YOU KNOW, LETTING ME TAKE PART IN THE PROCESS. ARE THERE ANY QUESTIONS I CAN ANSWER FOR YOU? WELL, RIGHT NOW DURING THIS PORTION WE CAN'T ASK AND ANSWER QUESTIONS FAIR ENOUGH. BUT ONCE WE ADJOURNED, THAT RULE DOES NOT APPLY. OKAY. OKAY. I'LL HANG AROUND. BUT WE THANK YOU FOR COMING DOWN AND, AND I'LL, I'LL COME BACK AND WHEN I GET TIME AND I GET THE DATA, I'LL ACTUALLY MAKE A PRESENTATION AND SHOW YOU GUYS IF YOU WANT. SO, BUT THANK YOU VERY MUCH. HANG ON. TWO MINUTES. ALL RIGHT. ALL RIGHT, . THANK YOU SIR. I APPRECIATE IT. YOU ALL. THANK YOU. I BELIEVE THAT WAS CONSIDERING THAT, UH, THERE'S NO ONE LEFT IN THE CHAMBERS EXCEPT FOR STAFF. I DON'T BELIEVE WE HAVE ANY OTHER SPEAKERS, UH, FOR THIS EVENING. WE DO KNOW. OKAY, VERY GOOD. UH, WITH THAT, UH, AT 7 49 WE ARE ADJOURNED. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.