[a. Consider a request by The Dimension Group, requesting approval of 1) a Specific Use Provision (SUP) for Fuel Pumps, Retail use on property zoned Planned Development (PD) District 86-45 with a base zoning of Community Retail (CR) District and 2) a Concept Plan for Fuel Pumps, Retail use. The site is located at 730 West Centerville Road in District 4.]

NINE AYES HOLD A PUBLIC HEARING ON A REQUEST BY THE DOMINION GROUP REQUESTING APPROVAL OF A ONE. A SPECIFIC USE PROVISION FOR FUEL PUMPS. RETAIL USE ON PROPERTY ZONE. PLANNED DEVELOPMENT DISTRICT 8645 WITH A BASE ZONING OF COMMUNITY RETAIL AND TWO A CONCEPT PLAN FOR FUEL PUMPS. RETAIL USE. THE SITE IS LOCATED AT 730 WEST CENTERVILLE ROAD IN DISTRICT FOUR. FOR THE RECORD, NABI LEONARD, DIRECTOR OF PLANNING AND DEVELOPMENT. AS YOU MENTIONED, THIS IS AN SUPP REQUEST FOR FUEL PUMPS RETAIL USE. THE PROPERTY IS ZONED UNDER A PD, WHICH HAS A BASE ZONING OF COMMUNITY RETAIL UNDER COMMUNITY RETAIL CONVENIENCE STORE, WHICH IS ALSO PART OF THEIR PROPOSAL. THAT IS PERMITTED BY RIGHT, BUT THEY'RE COMING IN WITH A REQUEST FOR A CONVENIENCE STORE WITH GAS STATION. AND THE GAS STATION PIECE OF IT REQUIRES AN SUPP, AND THE REQUESTED USER IS MURPHY USA. AS MENTIONED, SITE IS LOCATED AT 730 WEST CENTERVILLE ROAD. APPLICANT IS THE DIMENSION GROUP 730.

ACREAGE IS 0.689 ACRES, AND THE SITE HAS A PLANNED DEVELOPMENT ZONING ON IT WITH A BASE ZONING OF KR. THIS USED TO BE THE. THIS WAS THE FORMER BOSTON MARKET SITE AND THAT BUILDING HAS BEEN DEMOLISHED. AND THAT'S WHERE THE APPLICANT IS REQUESTING TO. APPLICANT IS PROPOSING A GAS STATION AND A CONVENIENCE STORE. AS YOU CAN SEE, THE SITE IS ZONED UNDER COMMUNITY RETAIL BASED ZONING, BUT THE SURROUNDING AREAS ARE ALSO ZONED A VARIETY OF COMMUNITY RETAIL AND SOME PDS, LOTS OF SUPS. THIS GENERAL AREA HAS A WHOLE LOT OF VARIETY OF COMMERCIAL USES. RESTAURANT, MEDICAL OFFICE, PET STORES, OTHER. OTHER. TOM THUMB GROCER LIKE A DIFFERENT VARIETY OF COMMERCIAL USES, BUT FURTHER DOWN FURTHER SOUTH EAST THERE

[00:15:05]

ARE BIG RESIDENTIAL NEIGHBORHOODS AND RESIDENTS LIVING IN THE AREA WHO ARE OFTEN GETTING SERVICES FROM THESE COMMERCIAL COMMERCIAL SERVICES AND THE COMPREHENSIVE PLAN. THE LAND USE DESIGNATION IS NEIGHBORHOOD CENTERS. AS IT'S WRITTEN TODAY, THE NEIGHBORHOOD CENTERS PROVIDE A MIX OF RETAIL SERVICES AND COMMUNITY GATHERING PLACES.

BASED ON OUR ANALYSIS, THE PROPOSED GAS STATION OR FUEL PUMPS RETAIL USE DOES NOT MEET THE INTENT OF THE COMPREHENSIVE PLAN, AS IT IS A TRANSIENT USE IN NATURE AND DOES NOT PROVIDE FOR A SERVICE OR A COMMUNITY GATHERING OPTION. HERE ARE SOME SITE PHOTOS FROM DIFFERENT ANGLES FROM THE STREET. LOOKING AT THE SUBJECT SITE. LOOKING AT DIFFERENT SHOPPING CENTERS.

LOOKING UP WEST. CENTERVILLE AND VIEW OF THE SUBJECT SITE ITSELF. HERE'S THE CONCEPT PLAN THAT WE HAVE. WHAT YOU SEE IN BLUE ON THE SCREEN. THAT'S THE 20 800 SQUARE FOOT CONVENIENCE STORE THAT'S BEING PROPOSED. WHAT YOU SEE IN PINK, THAT'S THE CANOPY FOR THE GAS STATION.

AND THEY'RE PROPOSING SIX FUEL PUMPS. WHAT YOU SEE IN GREEN, THAT'S THE PROPOSED LANDSCAPE AREA. AND OBVIOUSLY IN GRAY YOU HAVE THE PAVED PAVED SURFACES. THERE ARE TWO ACCESS POINTS, ONE OFF OF THE CENTERVILLE ROAD, AND THEY'RE PROPOSING TO UTILIZE THE EXISTING ACCESS THAT'S ALREADY THERE. AND THE OTHER ONE IS TO T THE NORTHST THROUGH A CROSS ACCESS EASEMENT THAT THEY HAVE WITH THE PROPERTY THAT'S LOCATED TO THE NORTH. THE APPLICANT IS REQUESTING THE MAXIMUM TIME ALLOWED FOR THE TIME PERIOD. THE SCP POLICY GUIDELINES RECOMMEND 20 TO 25 YEARS. AS I MENTIONED IN THE THE COMPREHENSIVE PLAN, THE VISION OF THE CITY FOR THAT SITE, THE GAS STATION DOES NOT MEET THAT INTENT. ADDITIONALLY, IN THE CLOSE PROXIMITY WITHIN ONE MILE THERE ARE SIX OTHER GAS STATIONS. THERE ARE TWO ACROSS THE STREET, ONE TO THE ONE ACROSS WEST CENTERVILLE TO NORTH WEST, AND ONE FURTHER SOUTH ALONG WEST CENTERVILLE, AND THERE ARE FOUR OTHER IN CLOSE PROXIMITY, SO A TOTAL OF SIX IN WITHIN A MILE. SO WE DO NOT T SEE THAT BEING A NEEDED SERVICE FOR THE RESIDENTS THAT ARE LIVING CLOSE BY. AND THIS SITE BEING A FORMER RESTAURANT SITE, WE DO SEE A BIG OPPORTUNITY FOR HAVING A HAVING A USE THERE THAT COULD PROVIDE THE DIVERSITY OF RETAIL AND SERVICE USES THAT THE COMP PLAN IS LOOKING FOR. THE PLAN COMMISSION ALSO RECOMMENDED DENIAL WITH 8 TO 0 VOTE. WE HAD SENT OUT 125 LETTERS AND WE RECEIVED A TOTAL OF TEN. WE RECEIVED THREE IN FAVOR WITHIN THE NOTIFICATION AREA. WE RECEIVED SIX THAT ARE WITHIN THE NOTIFICATION AREA, BUT THAT ARE AGAINST WHILE GOING THROUGH THE COMMENTS, THEY KIND OF HAD THE SAME SENTIMENT THAT WE THIS AREA HAS A LOT OF GAS STATIONS ALREADY, A BETTER USE FOR THE SITE THAT CAN SERVE THE RESIDENTS COULD BE MORE FAVORABLE. THERE IS ONE FROM OUTSIDE OF THE NOTIFICATION AREA THAT'S AGAINST AS WELL. WITH THAT, I'M AVAILABLE FOR QUESTIONS. AND MADAM SECRETARY, I FAILED AT THE BEGINNING TO ASK YOU TO READ THE SPEAKER'S GUIDELINES. IF YOU COULD PLEASE DO THAT. BEFORE WE GET INTO OUR COMMENTS. 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, 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 TEN MINUTES FOR PRESENTATIONS, AND ALL OTHER SPEAKERS WILL BE ALLOWED THREE MINUTES TO SPEAK. WHEN THE PODIUM BUZZER SOUND, THE SPEAKER MUST END THEIR COMMENTS. THANK YOU MA'AM. SO IF ANYONE'S INTERESTED IN SPEAKING ON THIS ITEM OR ANY OTHER ITEM, I SHOULD FILL OUT A SPEAKER CARD. I BELIEVE THE APPLICANT AND THE APPLICANT HERE. ORIENTATION COUNCIL. DO WE HAVE ANY QUESTIONS FOR STAFF ON THIS ITEM? MAYOR PRO TEM LUCK. MR. WILL YOU GO OVER HOW MANY GAS STATIONS ARE IN THIS AREA AND LIKE WHAT WHAT THE RADIUS IS WITHIN ONE MILE? WE WE DID AN ANALYSIS WITHIN A MILE AND THAT THERE WERE SIX GAS STATIONS. THAT SEEMS LIKE A LOT. IS THAT A LOT? I WOULD SAY SO. I THINK THAT'S MORE THAN ENOUGH TO MEET THE NEEDS OF THE RESIDENTS THAT ARE LIVING IN THAT AREA. YES, MA'AM. DID YOU HAVE ANY CONCERNS ABOUT INGRESS AND EGRESS INTO THIS SITE? SO THAT'S ONE OF THE THINGS THAT COME UP WITH AN EXISTING. SO THE INGRESS, ESPECIALLY FROM

[00:20:01]

CENTERVILLE, THAT IS VERY CLCLOE TO THE OTHER DRIVEWAY TO THE SOUTH, BUT THAT'S AN ALREADY EXISTING DRIVEWAY. IN THESE CASES, WE DON'T NECESSARILY BRING IT UP AS A CONCERN. BUT IF THIS SITE WAS COMPLETELY GREENFIELD AND WERE TO BE DEVELOPED TODAY WITH OUR TECHNICAL STANDARDS MANUAL, WE PROBABLY WOULD HAVE HAD SOME COMMENTS ABOUT THAT. OKAY.

THANK YOU VERY MUCH. YOU'RE WELCOME. COUNCIL. ANY OTHER QUESTIONS ON THIS ITEM? I HAVE A QUESTION, IF YOU DON'T MIND, THE QUESTION, THAT ON THE STAFF RECOMMENDATION SECTION OF THE CONSIDERATION SAID THAT THIS SITE AND THE CITY HAS THE OPPORTUNITY TO PROVIDE A COMMERCIAL DEVELOPMENT THAT CAN BE A WELL PLANNED GATHERING AREA. DO YOU HAVE ANY SUGGESTIONS OF WHAT THAT COULD BE? IF THE STAFF IS RECOMMENDING THAT FOR THIS SITE, THAT IS OUR ANALYSIS. THAT'S NOT OUR RECOMMENDATION FOR A USE FOR THIS. WE'RE JUST GOING OFF OF THE COMPREHENSIVE PLAN, WHICH IS CALLING OUT THE NEIGHBORHOOD CENTER, WHICH WHICH DOES CALL OUT FOR A COMMUNITY GATHERING SPACE. FOR EXAMPLE, A SIT DOWN RESTAURANT COULD BE CONSIDERED A GATHERING SPACE WHERE PEOPLE CAN COME IN AND THEN SIT TOGETHER AND HAVE DINNER OR LUNCH. A GAS STATION, ON THE OTHER HAND, PEOPLE JUST COME IN AND GET THEIR GAS AND LEAVE. THAT'S WHY WE CALL IT TRANSIENT. SO WE SET IT IN COMPARISON WITH THAT. SO IN THE SAME VEIN OF MAYOR PRO TEM QUESTION, DO YOU KNOW HOW MANY RESTAURANTS ARE IN A HALF MILE RADIUS OF THIS SITE? I DO NOT, I THINK THERE'S ABOUT A DOZEN OF THEM. SO WOULD YOU SAY THAT THERE ARE LOTS OF RESTAURANTS AS WELL, CITIZENS, BECAUSE YOU SAID YOU BELIEVE THAT THERE'S SIX GAS STATIONS AND THAT IS MORE THAN ENOUGH TO MEET THE NEEDS. SO IS IN THE SAME VEIN AS 12 RESTAURANTS IN A HALF MILE. THE SAME ANALOGY? YES. I DO NOT HAVE THAT. BUT I AGREE WITH YOU. THERE ARE A WHOLE LOT OF RESTAURANTS. THERE ARE DIFFERENT KINDS THERE, NOT A PARTICULAR TYPE. THERE ARE DIFFERENT TYPES OF RESTAURANTS. AND WHEN WE DO OUR KIND OF VISIONING EXERCISES FOR COMP PLAN AND OTHER LONG RANGE PLANNING, WE DO HEAR FROM OUR RESIDENTS THAT THEY WANT MORE SIT DOWN RESTAURANTS, MORE OPTIONS TO TO DINE OUT. WE HARDLY EVER HEAR THAT THEY WOULD LIKE MORE GAS STATIONS IN THE CITY. THANK YOU. YOU'RE WELCOME. ANY OTHER QUESTIONS FOR STAFF ON THIS ITEM? THANK YOU VERY MUCH. MADAM SECRETARY, WOULD YOU PLEASE CALL THE APPLICANT UP? YES, SIR. JEFF TUCKER. GOOD EVENING. MY NAME IS JEFF TUCKER. I'M A REAL ESTATE MANAGER WITH MURPHY USA, BASED OUT OF EL DORADO, ARKANSAS. THANKS FOR THE OPPORTUNITY TO SHARE A LITTLE BIT ABOUT OUR COMPANY TONIGHT.

SO LIKE I SAID, WE'RE BASED IN EL DORADO. WE'VE GOT ABOUT 1600 STORES IN 25 STATES. WE'RE GROWING COMPANY, BUT AT THE END OF THE DAY, JUST VERY BLUE COLLAR, WORKMAN LIKE COMPANY.

WE ARE A VALUE ORIENTED RETAILER AND TRY TO CATER TO THE VALUE ORIENTED CUSTOMER, BOTH IN FUEL AND IN OUR STORE, OFFERING. SOME OF THE WAYS WE'RE A LITTLE BIT DIFFERENT IS WE'RE CORPORATELY OWNED AND OPERATED. WE DON'T FRANCHISE ANY OF OUR STORES, SO WE'RE ABLE TO HOLD OUR EMPLOYEES TO A VERY STRINGENT SET OF STANDARDS, BOTH FROM AGE RESTRICTED PRODUCTS TO THE OVERALL CLEANLINESS AND SECURITY OF THE STORE AS WELL. SO WE ALSO HAVE WHAT'S CALLED THE GOOD NEIGHBOR PLAN. JUST IN SUMMARY, THIS IS WHERE WE TRY TO PARTNER WITH LOCAL LAW ENFORCEMENT UP TO GIVING LOCAL LAW ENFORCEMENT OUR OPERATIONS. LOCAL OPERATIONS LEADERS CONTACT INFORMATION WHERE WE CAN SHARE INFORMATION BACK AND FORTH AND JUST REALLY PROMOTE GOOD COMMUNICATION BETWEEN OURSELVES, OUR OPERATION AND THE CITY AND LAW ENFORCEMENT AS A WHOLE. YOU KNOW, I WON'T GO INTO TOO MUCH ON THIS, BUT FROM A TRAFFIC STANDPOINT, WE DON'T FEEL LIKE WE'RE ADDING TO ANY OF THE TRAFFIC. WE'RE TRYING. WE'RE AN IMPULSE BASED RETAILER, AND SO WE'RE JUST TRYING TO CAPTURE THE TRAFFIC THAT IS ALREADY THERE. WE HAVE VERY STRINGENT ENVIRONMENTAL STANDARDS THAT WE ADHERE TO. AND LIKE I SAID, PUBLIC SAFETY IS NUMBER ONE PRIORITY FOR US. WE GO ABOVE AND YOND IN TERMS OF OUR SECURITY SYSTEM. WE HAVE ABOUT 30 CAMERAS ON AVERAGE AT OUR STATIONS, WHICH ULTIMATELY ENDS UP HELPING LAW ENFORCEMENT WITH, YOU KNOW, POTENTIAL NEIGHBORING ISSUES. WE'VE BEEN TOLD THAT IN OTHER JURISDICTIONS. HERE'S JUST A DIFFERENT VIEW OF THE SITE PLAN THAT YOU GUYS CAN SEE.

IT'S ALREADY BEEN DISCUSSED IN TERMS OF THE ACCESS, ETC. AND THEN JUST THE ZOOMED IN VIEW.

WE ALSO HAVE OUR CIVIL ENGINEER HERE. IF THERE'S ANY SPECIFIC QUESTIONS ABOUT ACCESS AND THINGS LIKE THAT. HE'S MORE THAN WILLING TO TO COME UP AND SHARE. AND THEN HERE'S JUST A RENDERING OF WHAT THE SITE WILL LOOK LIKE. SO I'LL PAUSE THERE AND AVAILABLE FOR ANY QUESTIONS

[00:25:02]

OR COMMENTS. ALL RIGHT, COUNCILMEMBER WILLIAMS, THANK YOU. MAYOR. GOOD EVENING SIR.

GOOD EVENING. YEAH. CIRCLE BACK TO MAYOR PRO TEM LOOKS. THANK YOU. FIRST QUESTION IS. DO YOU KNOW HOW MANY GAS STATIONS THERE ARE WITHIN, LET'S SAY A MILE AND A HALF RADIUS OF THIS LOCATION? IT'S ROUGHLY SIX, AS MENTIONED BEFORE. WE LOOK WE DO LOOK AT COMPETITION AS PART OF OUR INITIAL STUDY. WE LOOK AT IT AS WE LIKE TO LET THE MARKET BEAR OUT THE WINNERS, AND WE FEEL LIKE WE HAVE A SUPERIOR OFFERING. AND UIMATELY WE WANT TO COME INTO THE COMMUNITY AND BE A GOOD NEIGHBOR, BE A GOOD PARTNER AND SERVICE THE LOCAL CUSTOMERS AND LET THE MARKET BEAR OUT. EVERYTHING FALLS. AND DO YOU KNOW WHERE YOUR MURPHY'S NEAREST LOCATION IS? YEAH, THERE'S ONE OVER TO THE WEST IN ACTUALLY IN THE CITY OF DALLAS ON NORTHWEST HIGHWAY, CITY OF DALLAS. MURPHY IN GARLAND. WE HAVE A COUPLE IN GARLAND. YEAH. I DON'T KNOW THE EXACT DISTANCES THOUGH. THERE IS ONE IN DISTRICT FOUR. OKAY, OKAY. SECON THING IS.

RESPONSES THAT YOU REVIEW OR SEE THE RESPONSES AND ANY COMMENTS. DIDN'T GET A CHANCE TO SEE THEM, BUT YOU CIVIL ENGINEER I DON'T KNOW IF YOU SAW THAT, SIR. COME ON UP. I'M KEATON, MY WITH THE DIMENSION GROUP. YEAH. WE RECEIVED THE RESPONSES TODAY AND TOOK A LOOK AT THEM. I MEAN, AS INDICATED, THERE WAS TEN RESPONSES, I THINK 6 OR 7 AGAINST AND THREE IN FAVOR OF. WELL, WHAT WHAT WAS THE NATURE OF THE THE AGAINST RESPONSES COLLECTIVELY, I WOULD SAY THE CONCERNS THAT WERE BROUGHT UP, THE NUMBER OF FUELING STATIONS IN THE AREA AND THE DESIRE FOR MAYBE SOME DIFFERENT USES AT THIS SITE. AND YOUR ASSESSMENT, AFTER HAVING REVIEWED THOSE RESPONSES IS WHAT? I DON'T KNOW THAT IT'S MY PLACE TO MAKE THAT ASSESSMENT, REALLY. I MEAN, WE'RE PUTTING TOGETHER THE TECHNICAL DOCUMENTS ON BEHALF OF MURPHY. AND, YOU KNOW, I CAN KIND OF ANSWER ANY TECHNICAL QUESTIONS YOU MIGHT HAVE. BUT I THINK, LIKE JEFF SAID, IT'S, YOU KNOW, SOMETHING WHERE THEY KNOW WHAT THE MARKET IS AND WHERE THEY THINK THEY CAN BE SUCCESSFUL. AND, AND, YOU KNOW, THEY KIND OF SELECT THE SITES AND I MORE SO HELP THEM WITH THE TECHNICAL SIDE AND THE DESIGN AND NOT SO MUCH ON THE SITE SELECTION. MR. COULD YOU PUT THE SITE? PLAN TO THE SLIDE? THIS ONE? YEAH, YEAH. WHAT IS YOUR ASSESSMENT OF THE TRAFFIC PATTERNS THERE? MR. CIVIL ENGINEER? I THINK THIS IS IN YOUR IN YOUR BED. YES, WE DID DO A TRAFFIC ANALYSIS FOR THE SITE THAT WAS ACCEPTED BY THE CITY. THERE ARE IS CURRENTLY A DRIVEWAY THERE THAT WE'RE PROPOSING TO CLOSE OFF THE TOP OF MY HEAD, I DON'T RECALL THE LEVEL OF SERVICE OF THOSE DRIVES, BUT CAN YOU POINT TO THE ONE YOU PROPOSING TO CLOSE? IT'S AROUND. HERE. SO KIND OF IN BETWEEN THE STORE AND THE CANOPY. SO YOU HAVE HOW MANY? EGRESS POINTS? IN THE PROPOSED CONDITION CAN YOU POINT OUT WHAT WOULD BE THOSE TWO? THERE'S AN EXISTING SHARED DRIVE HERE THAT'S AN ACCESS EASEMENT. AND THEN THERE IS A DIRECT ACCESS HERE, WHICH IS ALSO EXISTING AND PROPOSING TO CLOSE THE THIRD ACCESS POINT. OKAY. ALL RIGHT. AND. THE NEARBY YOUR STATIONS, YOU DON'T SEE ANY ANY PROBLEM WITH THAT AT ALL? I'LL TELL YOU. THE, THE I LIVE IN THAT AREA AND I'VE HEARD ONE COMMON THEME AND THAT'S FOR BIGGER, BETTER RESTAURANT. SIT DOWN. HAVE YOU ARE YOU AWARE THAT FROM WHAT I'VE HEARD TONIGHT, I AM AWARE OF THAT? I THINK THIS PARTICULAR SITE, BEING THAT IT'S LESS THAN AN ACRE, WOULD BE DIFFICULT TO LAY OUT A BIGGER SIT DOWN RESTAURANT LIKE THAT TO MEET THE SQUARE FOOTAGE AND THE PARKING REQUIREMENTS. I THINK IF YOU WERE TO, YOU KNOW, TAKE DOWN SOME ADDITIONAL SITES, SOMETHING LIKE THAT COULD

[00:30:01]

EVENTUALLY GO HERE. BUT I MEAN, TO THAT DIRECT POINT, YOU KNOW, JUST THE SIZE OF THE LOT, I THINK THAT'D BE A DIFFICULT SITE TO LAY OUT. ARE YOU FAMILIAR WITH BOSTON, BOSTON MARKET? YES, I'M FAMILIAR WITH BOSTON MARKET. I THINK WE'RE OUT OF BUSINESS NOW ACROSS THE BOARD. OR IS THAT RIGHT? I DON'T KNOW. WELL, I MEAN, YOU OWN THE PROPERTY NOW, RIGHT? YOU DO NOT OWN THE PROPERTY. YOU OWN THE PROPERTY. WE'RE LEASING THE PROPERTY FROM WHO, MR. MAYOR, SIR, THAT THAT'S REALLY NOT RELEVANT. I MEAN, IT'S A QUESTION. ALL RIGHT. ANY OTHER COMMENTS FROM YOU, SIR? ANY OTHER QUESTIONS? I'M HAPPY TO FIELD THEM. OKAY. ALL RIGHTH.

ANK YOU SIR. THTHANK YOU.OU CAN FINISH UP. THANK YOU MAYOR. YEAH I'M GOOD I'M JUST HERE TO ANSWER ANY OTHER QUESTIONS. OKAY. I'M FINISHED. THANK YOU. SIR. MAYOR PRO TEM LUCHT, HAS THERE EVER BEEN A GAS STATION ON THIS SITE BEFORE? NOT TO MY KNOWLEDGE, I DON'T KNOW. YEAH, I, IN MY HISTORY OF KNOWLEDGE OF THE SITE, IT WAS A BOSTON MARKET. PREVIOUSLY. I'VE LIVED HERE 44 YEARS AND I CAN'T REMEMBER A GAS STATION BEING THERE EITHER. WHAT HAPPENS TO LAND WHEN YOU PUT GAS TANKS IN THE FOR GAS? SO WE I MEAN, ULTIMATELY WE DIG TANK PITS AND THEN WE DROP TANKS IN THAT ARE WHAT WE CALL DOUBLE WALLED TO PREVENT LEAKS AND EVERYTHING.

WE HAVE MONITORING SYSTEMS, RIGHT? NO, BUT I MEAN, LIKE 30, 40 YEARS AFTER THE MURPHY USA, WE REMOVED THEM AND THEN DISPOSE OF THEM. BUT WHAT HAPPENS TO THE LAND? I MEAN, EVEN WITH ALL OF THE SEALS AND THINGS THAT YOU COULD POSSIBLY TRY TO PUT THERE, I MEAN, THINGS LEAK AND AND GASOLINE CONTAMINATES EVEN EVEN IF IT'S JUST THE I MEAN, I'M SURE THERE ARE LIKE FUMES THAT GET INTO THE AIR AT SOME POINT AND CAUSE SOME KIND OF POLLUTION. BUT JUST THE THE NATURE OF GAS ITSELF, IT'S A HYDROCARBON. IT SEEPS INTO THINGS. AND THERE ARE VERY FEW THINGS THAT CAN EVER KEEP HYDROCARBONS FROM LEACHING INTO THE SOIL FOREVER.

I MEAN, THAT'S JUST THE NATURE OF HYDROCARBONS. SO I'M I'M CURIOUS WHAT HAPPENS WHEN IF AT SOME POINT MAYBE WE WANT SOMETHING ELSE THERE, BUT WE'VE PUT A GAS STATION THERE, HOW MUCH REMEDIATION HAS TO HAPPEN IN ORDER TO PUT SOMETHING THERE THAT PROBABLY MORE PEOPLE MIGHT WANT? IT JUST DEPENDS ON IF THERE'S A SPILL OR NOT. IF THERE'S NO SPILL, IT'S LIMITED REMEDIATION. IF THERE IS A SPILL, WE DO WHAT'S CALLED A PHASE TWO ENVIRONMENTAL TEST.

WE GO IN THERE. WE'RE RESPONSIBLE FOR RECLAIMING THAT. WE DO MULTIPLE MONITORING WELLS TO SEE IF THERE IS LEAKS OR GAS, AND WE ULTIMATELY RECLAIM THAT DIRT AND DISPOSE OF IT AT VARIOUS ENVIRONMENTAL PLANTS. AND THEN IT'S REFILLED WITH CLEAN DIRT. HOW OFTEN DO YOU ALL REMODEL YOUR STORES? IT JUST DEPENDS. WE'RE WE DO ABOUT 45 REMODELS A YEAR OF EXISTING LOCATIONS ON 1600 LOCATIONS. SO IT'S QUITE A IT'S ABOUT EVERY 15 TO 20 YEARS, ROUGHLY, OR MORE OR LESS. YEAH. JUST DEPENDS ON, YOU KNOW, WHAT THE NEED IS AND HOW THAT STORE DOES.

AND SO IF IT DOESN'T MAKE THAT MUCH MONEY, THEN IT PROBABLY WON'T GET REMODELED. NOT NECESSARILY. IT JUST DEPENDS ON HOW MUCH TIME IS LEFT ON THE LEASE, WHAT OUR BOOK VALUES ARE, ETC. IT'S JUST COMES DOWN TO A FINANCIAL CALCULATION. IT'S ALL ABOUT THE PENCIL. IT IS RIGHT.

WOULD YOU CONSIDER A GASOLINE STATION JUST THE GASOLINE PART? AN AUTO USE? YEAH. ME TOO.

THANK YOU. MA'AM, THANK YOU. MAYOR. COUNCIL MEMBER THOMAS. YES. SO I CAN TELL YOU THAT THERE'S ANOTHER MURPHY IN MY DISTRICT, JUST A LESS THAN A HALF A MILE FROM ME THAT WAS BUILT ABOUT THREE YEARS AGO. AND, YOU KNOW, VERY CLEAN STATION. GO IN THERE. THEY'RE ALWAYS THE CHEAPEST ONE AROUND. AND THAT'S YOUR THAT'S YOUR MODEL. AND SO. OFTEN SEE MURPHY GAS STATIONS BUILT IN THE PARKING LOT OF A WALMART. DO YOU GUYS HAVE ANY CONNECTION WITH THEM OTHER THAN PARTNERING WITH THEM, OR ARE YOU PARTIALLY OWNED BY WALMART OR ANYTHING LIKE THAT? NO, THERE USED TO BE A QUASI RELATIONSHIP WITH WALMART WHERE, YOU KNOW, WE HAD A RELATIONSHIP WHEN THEY WOULD GO IN AND BUY LARGE PLOTS OF LAND, WE WOULD COME IN AND ESSENTIALLY PURCHASE A PARCEL AND OUT PARCEL OFF OF ONE OF THEIR SUPER CENTERS OR STANDARD STORES. AND SO WE WERE ALWAYS CALLED QUOTE UNQUOTE, WALLY GAS, BUT THERE'S NO ACTUAL BUSINESS RELATIONSHIP WITH WALMART ANYMORE. AND SO THAT'S WHY YOU'RE SEEING THESE NEWER

[00:35:04]

STORES. THEY'RE NO LONGER TIED TO WALMART. AND SO WE'RE JUST TRYING TO GET INTO AS POSSIBLE, WE'VE SEEN SEVERAL WALMART AND THEN KIND OF FAR OUT CORNER OF THE PARKING LOT, THERE'S A THE'S A MURPHY THERE. AND SO YOU WONDER WHO ARE THE HOW ARE THEY CONNECTED. DOES WALMART.

AND SO BUT SAM WALTON, MR. MADISON MURPHY YOU'RE BOTH FROM ARKANSAS. SO THAT KIND OF BEGS THE QUESTION EXACTLY. BUT I ANYWAY YOUR YOUR STATION UP AT SHILOH AND ARAPAHO VERY WELL RUN VERY WELL CLEAN. IT'S IT'S, YOU KNOW, IT'S IT'S A THE EPITOME OF KIND OF MODERN STATION. WHEREAS I WONDER ABOUT SOME OF THE OLDER ONES THAT ARE ALREADY THERE. YOU'RE THINKING THAT YOU CAN VERY EASILY COMPETE WITH THOSE GUYS, OR YOU WOULDN'T BE PUTTING IT IN THE MIDDLE OF SIX OTHER ONES. EXACTLY. IS THAT YOUR IS THAT YOUR POSITION? THAT IS OKAY.

VERY GOOD. THANK YOU MAYOR. THANK YOU SIR. COUNCILMEMBER WILLIAMS, ONE LAST QUESTION FOR YOU. SURE. THERE'S A MURPHY AT NEW WALMART AT FIVE, FIVE FIVE I-30 EAST IS THEIR BUSINESS. IS IS ARE YOU AWARE OF ANY BUSINESS RELATIONSHIP WITH THAT THAT MURPHY GAS STATION WITH WALMART SPECIFICALLY, OTHER THAN BEING A, YOU KNOW, JUST ADJACENT TO THEM? NO, THERE'S NO THEY'RE NOT A LANDLORD OR ANYTHING. AND ALL THOSE SCENARIOS, WE OWN OUR LAND. SO THERE'S NO TIE INTO WALMART. SO WHEN THAT I REMEMBER WHEN THAT WALMART WAS BUILT AND RIGHT BEHIND IT WAS THE MURPHY. AND IT WAS DONE TOGETHER. SO SO THAT'S WHY I WAS INTERESTED IN.

YEAH. LIKE LIKE I MENTIONED THERE IS A RELATIONSHIP IN THAT WE WOULD BUY PROPERTY FROM THEM OUT PARCELS ETC. AND SO WE GO AND OWN THAT LAND AND THEN ULTIMATELY DEVELOP A GAS STATION NEARBY OR ADJACENT TO WALMART, BECAUSE THAT'S A TYPE OF CUSTOMER WE'RE TRYING TO CAPTURE, BUT THERE'S NO ACTUAL BUSINESS RELATIONSHIP BETWEEN WALMART AND MURPHY. AND ONE LAST QUESTION. ARE YOU AWARE OF ANY AN LEAKS OR SPILLAGE AT THAT LOCATION? I'M NOT AWARE OF.

OKAY. THANK YOU MAYOR. COUNCIL. ANY OTHER QUESTIONS OF THE APPLICANT? I SEE NONE. THANK YOU SIR. THANK YOU, MADAM SECRETARY. DO WE HAVE ANY SPEAKERS ON THIS ITEM? NO, SIR, WE DO NOT. NO SPEAKERS ON THIS ITEM. COUNCILMAN WILLIAMS, THIS IS IN YOUR DISTRICT, SIR. THANK YOU. MAYOR. MY MOTION IS TO DENIAL OF THE REQUEST TO. CONSIDER THE REQUEST FROM BY THE DIMENSION GROUP. REQUESTING APPROVAL OF A SPECIFIC USE PERMIT FOR FUEL PUMPS, RETAIL USE, PROPERTY OWNED, AND A PD SIX 8645 BASED ON THE ZONING, COMMUNITY, RETAIL AND A CONCEPT PLAN FOR FUEL PUMPS. RETAIL USE. THE SITE IS LOCATED AT 730 WEST CENTERVILLE IN DISTRICT FOUR COUNCIL. WE HAVE A MOTION TO DENY WE HAVE A SECOND ON THAT ITEM. WE HAVE A SECOND BY MAYOR PRO TEM COUNCIL. DO WE HAVE ANY DISCUSSION ON THIS ITEM? SEEING NONE. MADAM SECRETARY, WOULD YOU PLEASE PREPARE THE VOTE FOR US? AND THAT ITEM PASSES 6 TO 3 WITH A MAYOR, COUNCILMAN, ART.

AND EXCUSE ME, DEPUTY MAYOR PRO TEM AND COUNCIL MEMBER THOMAS IN OPPOSITION. ALL RIGHT, WE'LL

[10. Approval of a Resolution of Intent to Establish a City of Garland Property Assessed Clean Energy (PACE) Program; and Setting a Public Hearing]

MOVE ON THEN TO OUR NEXT ITEM IS ITEM TEN. APPROVAL OF A RESOLUTION OF INTENT TO ESTABLISH A CITY OF GARLAND PROPERTY ASSESSED CLEAN ENERGY OR PACE PROGRAM AND SETTING A PUBLIC HEARING. SCHUSTER. GOOD EVENING, MAYOR AND COUNCIL. I ECHO SCHUSTER DIRECTOR OF ECONOMIC DEVELOPMENT. TONIGHT, I AM REQUESTING YOUR CONSIDERATION OF CITY TO CREATE CITY OF GARLAND PACE PROGRAM. PACE STANDS FOR PROPERTY ASSESSED CLEAN ENERGY, AND I HAD THE PRESENTATION OF THE DETAIL ABOUT THIS PROGRAM ON AUGUST 18TH WORK SESSION. SO I'M NOT GOING TO COVER ALL THE PRESENTATION. BUT CURRENTLY WE HAVE SCHEDULED PUBLIC HEARING

[00:40:06]

ON OCTOBER 6TH. AND AT THAT TIME WE LIKE TO REQUEST YOUR APPROVAL. FIRST. WHAT IS PACE AGAIN PACE. PACE STANDS FOR PROPERTY ASSESSED CLEAN ENERGY. AND THIS IS A FEDERAL PROGRAM FOR THE PROPERTY OWNER AND DEVELOPER. THAT'S REALLY FINANCIAL TOOL. AND ALSO THE ECONOMIC DEVELOPMENT TOOL. THE TEXAS PACE ACT WAS SIGNED IN 2013. THAT LEGISLATION ALLOWED LOCAL GOVERNMENT, IN THIS CASE FOR THE CITY OF GARLAND, TO ESTABLISH C PACE PROGRAM, C STAND FOR COMMERCIAL. SOME STATE MY UNDERSTANDING THEY HAVE A RESIDENTIAL R PACE, BUT IN TEXAS IT'S ONLY C PACE IS ESTABLISHED. AGAIN, THIS IS A LOW COST LONG TERM FINANCING FROM A PRIVATE LENDER FOR RENEWABLE ENERGY AND ENERGY EFFICIENCY AND WATER EFFICIENCY.

UPGRADE TO THE COMMERCIAL BUILDINGS. FOR THE BENEFIT OF PACE BENEFIT FOR COMPANIES OR PROPERTY OWNER OR DEVELOPER IS REALLY ACCESS TO CAPITAL FOR IMPROVEMENTS WITHOUT LARGE UPFRONT COST, WHICH IS DEFINITELY IMPROVING THEIR CASH FLOW, PROPERTY VALUE ENHANCEMENT AND THAT IS REALLY NO PERSONAL GUARANTEE OR IMPACT ON CREDIT, BECAUSE THAT'S THIS IS REALLY TIED TO THE PROPERTY. AND OF COURSE THIS IS REALLY FOR THEM, UTILITY, COST SAVING AND BENEFIT FOR LOCAL GOVERNMENT FOR THE CITY OF GARLAND IS DEFINITELY THIS IS REALLY OUR ECONOMIC DEVELOPMENT TOOL. IMPROVING EXISTING BUILDING STOCK, INCREASED PROPERTY VALUE AND OF COURSE INCREASING ENERGY AND WATER CONSERVATION. AND REALLY THERE IS NO FINANCIAL RISK FOR THE CITY. SO NEXT STEP, PUBLIC HEARING AS I MENTIONED IS SCHEDULED TO OCTOBER 6TH. IT'S GOING TO BE NEXT COUNCIL MEETING. WE'RE GOING TO BE AGAIN APPROVING A RESOLUTION OF INTENT TO ESTABLISH A CITY OF GARLAND PACE PROGRAM. WE HAVE A TWO CITY REPRESENTATIVE. IT'S GOING TO BE TWO PEOPLE. ONE IS MYSELF, DIRECTOR OF ECONOMIC DEVELOPMENT AND ASSESSOR AND COLLECTOR REPRESENTATIVE. IS THE TAX OR THE TAX OFFICE? CITY OF GARLAND. TAX ASSESSOR AND COLLECTOR ARE GOING TO BE TWO REPRESENTATIVES FROM THE CITY.

AND NOW WE HAVE A DRAFT DRAFT PROFESSIONAL SERVICES AGREEMENT WITH THE LONESTAR PACE. WE NEED TO FINALIZE THAT. AND THAT'S GOING TO BE REALLY THE NEXT STEP ALONG STREET PACE. WE HAVE MR. LEE MCCORMICK HERE TONIGHT, AND IF YOU HAVE ANY TECHNICAL QUESTIONS, HE CAN PROBABLY ANSWER. BUT THERE ARE THIRD PARTY ADMINISTRATOR WHO SERVES 28 OTHER JURISDICTION. SO THAT'S REALLY THE NEXT STEP WOULD BE THE PROFESSIONAL SERVICES AGREEMENT IN PLACE.

WITH THAT, I'M HERE TO ANSWER ANY QUESTION YOU MAY HAVE. COUNCIL. WE HAVE WE HAVE DISCUSSED THIS ITEM PREVIOUSLY IN WORK SESSION. ARE THERE ANY QUESTIONS NEW QUESTIONS ON THIS ITEM SEEING NONE. THANK YOU. THANK YOU VERY MUCH. ALL RIGHT. COUNCIL MEMBER MOORE, I'LL LOOK TO YOU TO MAKE A MOTION TO ADOPT A RESOLUTION. MR. MAYOR, MOTION TO ADOPT A MOTION BY COUNCIL MEMBER MOORE TO ADOPT A RESOLUTION TO HOLD A HEARING ON PROPOSED PACE PROGRAM AND A SECOND BY MAYOR PRO TEM. ANY DISCUSSION ON THE MOTION? COUNCIL. MADAM SECRETARY, PLEASE PREPARE THE VOTE ON THIS ITEM. AND THAT ITEM PASSES 8 TO 1, WITH COUNCIL MEMBER DUTTON IN OPPOSITION. ALL RIGHT. THAT WAS THE LAST ITEM FOR INDIVIDUAL CONSIDERATION. WE'LL

[ CITIZEN COMMENTS]

MOVE ON NOW TO CITIZEN COMMENTS. MEMBERS OF THE AUDIENCE WISHING TO SPEAK TO THE CITY COUNCIL OR ADDRESS ISSUES NOT ON THE MEETING AGENDA, MAY HAVE THREE MINUTES TO SPEAK. HOWEVER, ACCORDING TO THE TEXAS OPEN MEETINGS ACT, THE COUNCIL IS PROHIBITED FROM DISCUSSING ANY ITEM NOT ON THE AGENDA. MADAM SECRETARY, DO WE HAVE ANY SPEAKERS REGISTERED TONIGHT? YES WE DO. AMANDA ESQUIVEL AT 4410 SCENIC CIRCLE WAS UNABLE TO ATTEND, SO I'VE PROVIDED HER PUBLIC COMMENTS AT THE DAIS FOR ALL OF YOU COUNCIL MEMBERS. NEXT SPEAKER IS ANAYA PATEL.

MISS PATEL, YOU GAVE YOUR NAME AND ADDRESS FOR THE RECORD, AND YOU'LL HAVE THREE MINUTES. GOOD

[00:45:01]

EVENING. MY NAME IS TANYA PATEL. AND, YOUR HONOR, IF YOU WOULD JUST PULL THAT MICROPHONE DOWN.

JUST A HAIR. SORRY. GOOD EVENING. MY NAME IS ANAYA, AND WE ARE HONORED TO STAND BEFORE YOU TODAY AS A PROUD CITIZEN OF GARLAND CITY, TO EXTEND A WARM INVITATION ON BEHALF OF THE BAPS SHRI SWAMINARAYAN MANDIR IN IRVING, WE INVITE HONORABLE MAYOR MR. HEDRICK IN EACH MEMBER OF THE GARLAND CITY COUNCIL AND CITY OF GARLAND RESIDENTS TO JOIN US CELEBRATING THE AUSPICIOUS FESTIVAL OF DIWALI, ALSO KNOWN AS THE FESTIVAL OF LIGHTS, ON TUESDAY, OCTOBER 21ST FROM 1 P.M. ONWARDS TILL 8 P.M. AT BAPS SHRI SWAMINARAYAN MANDIR IN IRVING. DIWALI SYMBOLIZES THE VICTORY OF GOOD OVER EVIL, KNOWLEDGE OVER IGNORANCE AND HOPE OVER DESPAIR. IT IS A MULTI-DAY FESTIVAL. OBSERVED OVER A SPAN OF 1 TO 5 DAYS, DEPENDING ON REGIONAL AND PERSONAL TRADITION. DIWALI IS PRIMARILY CELEBRATED BY HINDU AND SIKH FAITH. ITS CENTRAL THEME OF LIGHT RESONATES WITH ALL OF HUMANITY. THIS FESTIVAL SERVES AS A POWERFUL SYMBOL OF UNITY BY BRIDGING GAPS BETWEEN PEOPLE OF DIVERSE BACKGROUNDS FROM THE INTRICATE, COLORFUL AT DOORSTEPS TO A SKY LIT WITH FIREWORKS, DIWALI CELEBRATES LIGHT THAT BRIGHTENS AND LIVES, BRIGHTENING LIVES AND LIFTS THE HUMAN SPIRIT. IT IS A TIME FOR REFLECTION, JOY AND RENEWAL, FOSTERING A SENSE OF TOGETHERNESS AND SHARED HAPPINESS THROUGH THE THEME OF LIGHT WITHIN AND LIGHT AROUND. BY JOINING US AT BAPS SHRI SWAMINARAYAN MANDIR IN IRVING ON TUESDAY, OCTOBER 21ST, YOU'LL NOT ONLY PARTICIPATE IN A BEAUTIFUL CELEBRATION, BUT ALSO EXPERIENCE THE UNIVERSAL MESSAGE OF UNITY IN HOPE THAT DIWALI BRINGS. WE LOOK FORWARD TO WELCOMING EACH MEMBER OF THE GARLAND CITY COUNCIL AND MAYOR OF GARLAND CITY, ALONG WITH CITY OF GARLAND RESIDENTS AT OUR CELEBRATION. FOR ADDITIONAL INFORMATION REGARDING THIS EVENT, PLEASE VISIT BAPS OR CONTACT US AT. GMAIL.COM. THANK YOU. THANK YOU SO MUCH. MADAM SECRETARY. DO WE HAVE ANY OTHER SPEAKERS TONIGHT? YES. ONE MORE, BARBARA COOPER. ALL RIGHT, MISS COOPER, NAME AND ADDRESS. FOR THE RECORD, YOU HAVE THREE MINUTES. I'M NERVOUS. DON'T BE, MR. MAYOR. TO THE COUNUNCIL, I'M BARBARA COOPER. I AM A RESIDENT OF GARLAND FOR THE PAST 37 YEARS. I'M 82 YEARS OLD, AND I'M HERE ON BEHALF OF MD HEALTH PATHWAYS. I THINK THAT MDF HEALTH PATHWAYS WOULD BE GOOD FOR THE CITY OF GARLAND, BECAUSE I CALLED ON SATURDAY MORNING BECAUSE I HAVE TINGLING FINGERS AND AND TRYING TO FIGURE OUT WHAT TO DO ABOUT THAT. SO I CALLED AND GOT THROUGH RIGHT AWAY. THE CALL WAS VERY SECURE, VERY ANSWERED, VERY QUICKLY, AND GOING TO MY PRIMARY CARE PHYSICIAN, I TALKED TO THEM, BUT THEN I LEAVE THERE AND I THOUGHT, YOU KNOW, I FORGOT TO ASK THIS QUESTION OR THAT QUESTION. SO BEING ABLE TO CALL THIS MD HEALTH PATHWAYS WAS REALLY GREAT FOR ME. I CALLED AND I WAS ASKING ABOUT MY TINGLING FINGERS BECAUSE EVERY MORNING I GET UP, THEY TINGLE AND WHAT DO I DO? AND WHEN I GOT THE ANSWER, IT WAS, WELL, HAVE YOU TALKED TO AN ORTHOPEDIC PERSON? NO, I HAVE NOT. I HAVE NOBODY HAD EVER, EVER SAID TO ME TO DO THAT. SO THAT CALL MADE ME THINK THAT, HEY, THIS IS A GOOD, A GOOD THING TO HAVE. AND ONE MORNING I WAS SUPPOSED TO GET UP AND GET A SONOGRAM AND 520 MY HUSBAND COULDN'N'T WAKE ME U.