* 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. [00:00:01] TURN, MIC ON. [Call to Order] ALL RIGHT. WE'LL GO AHEAD AND CALL THE MEETING TO ORDER. SIX O'CLOCK DETERMIN, IF A QUORUM IS PRESENT. UH, I'M HERE. JEFF PERRY'S HERE. MATT JONES IS HERE. UH, MIKE BROWNING IS HERE. RANDY JONES IS ABSENT. CHUCK FOX FOX'S ABSENT. UH, IF I CAN EVERYONE STAND FOR THE PLEDGE AND INVOCATION. HEAVENLY FATHER, WE, WE THANK YOU FOR THE, THE OPPORTUNITY TO COME TOGETHER AS A CITY. WE ASK YOU BLESS THIS MEETING AND ALL THOSE THAT ARE HERE. WE, UH, WE THANK YOU FOR PROVIDING SUCH GREAT WEATHER. WE, UH, WE ASK THAT YOU GIVE US WISDOM AND HELP US TO, TO PROPERLY DEAL WITH THE ASSETS AND THE PERSONNEL OF THE CITY. AND WE JUST THANK YOU FOR ALL THE BLESSINGS THAT WE SEE, AND EVEN THOSE THAT WE DON'T. WE JUST PRAISE YOU AND THANK YOU. IN JESUS' NAME. AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FRAUD. HONOR THE TEXAS FLAG, A PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD. ONE INDIVISIBLE. ALRIGHT, [Community Announcements] UH, COMMUNITY ANNOUNCEMENTS. UH, UH, GOOD EVENING, MAYOR AND CITY COUNCIL. UM, JUNE 20TH IS GONNA BE THE NEXT INSTALLMENT OF OUR SUMMER MUSIC, UH, CONCERT SERIES. UH, IT'LL START AT 5:00 PM AND GO TO 9:00 PM UH, FEATURING MAX, UH, STALLING. SO HOPE TO SEE ALL OUT THERE. GOOD EVENING, MAYOR, MEMBERS OF COUNCIL. UH, TONIGHT WE HAVE EIGHT NEW MEMBERS TO WELCOME TO THE FAMILY AND SWEAR INTO THE FIRE DEPARTMENT. UH, SEVEN PERSONNEL ARE IN THE FIRE OPERATIONS DIVISION AND THEY'VE COMPLETED THEIR TWO WEEK ORIENTATION. AND THEY'LL BEGINNING, UH, THEY'LL BE BEGINNING THEIR FTO PROCESS STARTING, UH, TOMORROW AND BE ASSIGNED TO THEIR RESPECTIVE SHIFTS. SO IF WE COULD HAVE, UH, CARSON RICKER COME UP. ARIEL JACKSON, JOSH REEK, EDWARD WRIGHT, JAMES FOUR, ETHAN MORROW, AND ELI GONZALEZ. AND THEN AUSTIN GRESS IS OUR NEW EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY OF AUBREY. THANK YOU. ALL RIGHT. WANT ME RAISE YOUR RIGHT HAND. REPEAT AFTER ME. UH, STATE YOUR NAME. AYE. DO SOLEMNLY SWEAR DO SOLEMNLY SWEAR THAT I'LL FAITHFULLY EXECUTE THE DUTIES THAT I'LL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF FIREFIGHTER, OF OFFICE OF FIREFIGHTER, OF THE CITY OF A. THE CITY OF WILL. TO THE BEST OF MY ABILITY WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE CONSTITUTION AND LAWS OF THE UNITED STATES. THE STATE OF TEXAS. STATE OF TEXAS, AND THE CITY ORDINANCES OF THE CITY OF AUDREY. AND THE CITY ORDINANCES OF THE CITY OF AUDREY. SO THAT, ALRIGHT. 3, 2, 1, 3, 2, 1. THANK YOU. SO, [00:05:11] AND MAYOR MEMBERS OF COUNCIL, I HAVE TWO SWEARING AGAINST. TONIGHT WE HAVE ETHAN COP. ETHAN GREW UP IN AUBREY. HE COMES TO US FROM THE DENTON COUNTY SHERIFF'S OFFICE IN THE DENTON POLICE DEPARTMENT, AND HE IS GONNA BE PINNED BY HIS MOM, HOLLY. AND THEN WE HAVE ETHAN WYNN. HE WAS BORN AND RAISED IN CARROLLTON, TEXAS, AND HE COMES TO US FROM THE COLONY POLICE DEPARTMENT, AND HE WILL BE PINNED BY HIS GRANDFATHER. GRANDPA WYNN. COME EVERY RAISE YOUR RIGHT HAND. A, A STATE YOUR NAME. UH, DO SOLEMNLY SWEAR. DO SOLEMNLY SWEAR, I'LL FAITHFULLY EXECUTE THE DUTIES THAT I'LL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF POLICE OFFICER, OF THE OFFICE OF POLICE, OFFICER OF THE CITY OF ROBBERY, OF, OF CITY, OF ROBBERY, AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY. PRESERVE, PROTECT, AND D, DEFEND, PRESERVE, PROTECT, AND DEFENDANT, THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE STATE OF TEXAS, THE STATE OF TEXAS, AND THE CITY ORDINANCES OF THE CITY OF ROBBERY, AND THE CITY ORDINANCES OF CITY OF ROBBERY. SO, SO I'LL MM-HMM . GREAT. 3, 2, 1. 3, 2, 1. MAYOR, DO YOU WANNA GET THREE, TWO, THANK YOU. 3, 2, 1, 3, 2, 1. THANK YOU. 3, 2, 1, 3, 2, 1. THANK YOU. AND LASTLY, I HAVE FOR EACH OF YOU A BOOK. ALWAYS READ, ALWAYS BE LEARNING. THIS IS A DIFFICULT JOB. AND PLEASE READ THIS BOOK AND SHARE IT. [Citizen Input] ALL RIGHT. NEXT WE HAVE CITIZEN INPUT. YES. UM, GONNA PUT ON RECORD. UH, CHUCK ARRIVED AT 6 0 5 AND HE LOOKS VERY NICE. WELL, APPARENTLY I, WILLIAM, YOUR HONOR, WAIT, WAIT TILL YOU'RE ITEM. NO, I'LL WAIT UNTIL THE ALL RIGHT. UH, MR. TRILL, GOOD EVENING. I JUST WANNA TAKE THIS OPPORTUNITY TO COMMEND YOUR STAFF ON HOW IT RESPECTFULLY SUPPORTS AND INTERACTS WITH THE SENIOR CITIZENS OF THE CITY. UM, PARTICULARLY I WANT TO MENTION, OF COURSE, JENNY, WHO'S ALWAYS MAKES HERSELF AVAILABLE TO US. UH, RODNEY, RODNEY CABLE, PAM BUSEY, AND DANIEL SALAZAR. [00:10:01] UH, I, I DON'T KNOW HOW TO EXPRESS HOW IMPORTANT IT IS FOR WHAT THE CITY IS DOING IN ITS INTERACTIONS WITH US. AND AS I SAY THIS, I WANT TO ACKNOWLEDGE WITH GRATITUDE THAT NONE OF THIS WOULD BE HAPPENING WITHOUT YOUR DIRECTION AND YOUR ENCOURAGEMENT. AND I REALLY APPRECIATE IT. THANK YOU SO VERY MUCH. UM, AS LONG AS I'M STANDING HERE, , I'M GOING TO ADDRESS ITEM NUMBER 28 ON YOUR AGENDA. UM, WE ALL, WE ALL WANT TO KEEP OUR PROPERTIES CLEAN AND AND PRESENTABLE. AND AS WE GET OLDER, IT'S HARDER SOMETIME. BUT I, AGAIN, I WANT TO COMMEND THE PEOPLE THAT PICK UP MY TRASH FAITHFULLY EVERY WEDNESDAY. AND THEY'RE ALWAYS SO KIND TO HELP ME WHENEVER I NEED HELP. AND THE RECYCLE DAYS THAT YOU HAVE, THAT'S SO IMPORTANT TO US BECAUSE IT'S THE ONLY WAY WE HAVE TO, UH, KEEP OUR PROPERTIES CLEAN IN MANY SITUATIONS. AND, UM, THANK YOU FOR GIVING ME THIS OPPORTUNITY TO SAY THOSE THINGS. OKAY. THANK YOU. THANK YOU. THANK YOU MR. . THANK YOU FOR COMING. MR. RIBBLE. UM, EARNEST, UH, LINEBERGER, SIR, MY OWN PHOTOGRAPHIC STAFF, , WHICH JUST DECIDED TO SHUT DOWN. THANK YOU VERY MUCH. I'M ERNEST LEINBERGER. I LIVE AT 1701 WEST POINT DRIVE IN CARROLLTON, TEXAS. I'M A RETIRED NAVAL OFFICER LIVING IN DENTON COUNTY AND STILL A 29 YEAR EMPLOYEE AT TEXAS INSTRUMENTS AND A, A DEMOCRATIC CANDIDATE FOR A SEAT IN THE US HOUSE OF REPRESENTATIVES. I HOLD EACH OF YOU IN VERY HIGH REGARD AS OFFICE HOLDERS WITH THE CITY OF AUBREY AND FOR THE GOOD YOU MANAGE FOR OUR COMMUNITY. I PARTICIPATE ACTIVELY IN CHRISTIAN COMMUNITY ACTION OF LEWISVILLE, UNITED WAY OF DENTON COUNTY AND MORE. I'M A BOARD MEMBER FOR SPAN MEALS ON WHEELS OF DENTON COUNTY. WITH THESE ACTIVITIES AND OTHERS, I WORK TO PUT PEOPLE'S NEEDS FIRST. I THINK YOU ALL DO THE SAME. MY INTENTION IS TO BECOME YOUR NEXT CONGRESSMAN IN THE US HOUSE OF REPRESENTATIVES BY WAY OF THE 20 20 20 26 ELECTION CYCLE. MY MOTIVATION IS TO BE OF SERVICE TO THE PEOPLE. I'M HERE TONIGHT TO FURTHER MY AWARENESS OF THE SUCCESSES AND NEEDS IN OUR COMMUNITY. MY EARS ARE OPEN. I'M LOOKING AND LISTENING. YOUR INPUT IS WELCOME AND APPRECIATED. IF I CAN BE OF ANY HELP OR SERVICE, PLEASE LET ME KNOW. I BELIEVE IN SETTING ASIDE PARTY POLITICS AND WORKING TOGETHER TO DO ALL THAT IS IN OUR POWER TO SERVE OUR ENTIRE COMMUNITY. STARTING WITH THOSE LESS FORTUNATE VETERANS AND SENIORS CLEARLY NEED AND DESERVE OUR SUPPORT, BUT SO DOES THE REST OF OUR COMMUNITY. IN NORTH TEXAS, WE HAVE MANY CONCERNS THAT CROSS POLITICAL BOUNDARIES, WATER SUPPLY GROWTH, ROADS, HOUSING, HEALTHCARE, FARM ISSUES AND MORE. I HAVE BEEN BLESSED TO SERVE IN ORGANIZATIONS WITH HIGH ETHICAL STANDARDS AND VALUES THAT HAVE STUCK WITH ME. RESPECT AND INCLUSION, HEALTH AND SAFETY, USING RESOURCES RESPONSIBLY TO NAME A FEW. IN CLOSING, THANK YOU FOR ALL THAT YOU HAVE DONE FOR OUR ENTIRE COMMUNITY. I'M ERNEST WEINBERGER, A VETERAN, A NEIGHBOR AND ENGINEER, AND A CANDIDATE FOR THE US HOUSE OF REPRESENTATIVES FOR THIS DISTRICT. THANK YOU FOR THIS OPPORTUNITY TO SPEAK. ALRIGHT, THANK YOU. ALRIGHT, [Election Related Items] ITEM NUMBER TWO. UH, PRESENT THE CERTIFICATE OF ELECTION AND ADMINISTER THE STATEMENT OF ELECTED OFFICIALS AND OFFICIAL OATHS TO THE DECLARED CANDIDATES ELECT. MAYOR CHRIS RICH AND COUNCIL PLACE THREE, MIKE BROWNING. READ AYE. DO SOLEMNLY SWEAR YOU DO SOLEMNLY SWEAR. I FAITHFULLY EXECUTE THE DUTIES THAT I FOR EXECUTE THE OF THE OFFICE OF MAYOR OF THE OFFICE OF MAYOR OF CITY OF, OF THE CITY OF ROBBERY. AND WILL THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PROTECT AND DEFEND THE CONSTITUTION. THE CONSTITUTION AND LAWS AND LAWS OF THE UNITED STATES. OF THE UNITED STATES. STATE OF TEXAS. TEXAS. [00:15:18] ALRIGHT, RAISE YOUR RIGHT HAND, MIKE. I'M MIKE HARLEY. DO SOLEMNLY SWEAR DO SOLEMNLY SWEAR THAT I'LL FAITHFULLY EXECUTE THE DUTIES THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF CITY COUNCIL. OF THE OFFICE OF CITY COUNCIL, THE CITY OF OPRE, OF THE CITY OF OPRY, AND TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION. THE CONSTITUTION AND LAWS OF THE UNITED STATES AND LAWS OF THE UNITED STATES, AND THE STATE OF TEXAS. AND THE STATE OF TEXAS. SO, SO HELP ME. THREE MORE YEARS. THREE MORE YEARS. OH, ARE THEY CHRIS, YOU'VE JUST BEEN SENTENCED FOR THREE MORE YEARS. MM-HMM . NO, YOU DON'T WANT YOU THIS POSSE. YEAH. ALL RIGHT. ITEM NUMBER THREE, UH, CONSIDERATION ACTION ON APPOINTING A MAYOR PRO TEM FOR A ONE YEAR TERM. JEFF, YOU WANNA DO ANOTHER YEAR? DO I WANT TO DO ANOTHER YEAR? ? I GUESS I COULD PROBABLY DO ANOTHER YEAR IF Y'ALL NEED ME TO, I'LL MOVE TO APPOINT JEFF PERRY AS MAYOR PROTI. SECOND. MOTION BY CHUCK. SECOND ONE. MATT. ALL IN FAVOR PASSES FOUR TO ZERO. YOU WANNA DO ANOTHER YEAR? CONSIDERATION ACTION ON APPOINTING DEPUTY MAYOR PRO TEM FOR ONE YEAR TERM. I MOVED, UH, APPOINT CHUCK AS DEPUTY MAYOR PRO TEM. SECOND MOTION BY JEFF SECOND. MY MATT. ALL IN FAVOR PASSES FOUR TO ZERO. NOW IF ALL GOVERNMENT COULD WORK LIKE THAT, CONSIDERATION AND ACTION ON A RESOLUTION DESIGNATING AUTHORIZED SIGNATORIES FOR THE CITY'S BANKING AND FINANCIAL ACCOUNTS AND APPROVING A WIRE TRANSFER AGREEMENT. MAYOR, I MOVE TO APPOINT THE MAYOR, MAYOR PRO TEM AND DEPUTY MAYOR PRO TEM IS BANKING FINANCIAL SIGNATORIES. SECOND. MOTION BY JEFF. SECOND BY CHUCK. ALL IN FAVOR PASSES FOUR TO ZERO AND CONSIDERATION ACTION ON APPOINTING CITY COUNCIL LIAISON TO PARKS AND RECREATION BOARD. I'LL MOVE, UH, RANDY JONES. SECOND. I GOOD? YEAH. GOOD. MOTION BY CHUCK. SECOND BY JEFF FOR RANDY JONES. ALL IN FAVOR, PASTOR FOUR TO ZERO [Consent Items] CONSENT AGENDA. WOULD ANYONE LIKE TO PULL ANYTHING OFF THE CONSENT AGENDA? MOTION ROLL PLEASE. SECOND. MOTION BY CHUCK. SECOND BY JEFF. ALL IN FAVOR. APPROVED FOUR ZERO. UH, [New Business] NEW BUSINESS. UH, HOLD A PUBLIC HEARING. CONSIDER AN ACT ON ORDINANCE APPROVING A SPECIFIC USE PERMIT TO ALLOW ACO ALCOHOLIC BEVERAGE SALES FOR OUR WINE AND BEER RETAILERS OFF-PREMISE PERMIT AND APPROVING A VARIANCE TO THE DISTANCE REQUIREMENTS FOR THE LOCATION OF THE USE. [00:20:01] THE PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF US HIGHWAY 3 77 AND SPRING HILL ROAD FM 4 28, KNOWN AS CHAPARRAL CENTER. UH, WE'LL START THE PUBLIC HEARING AT SIX 20. GOOD EVENING, MAYOR AND CITY COUNCIL. SO THE FIRST ITEM WE HAVE THIS EVENING IS THE SUP SPECIFIC USE PERMIT REQUEST, UH, FOR THE PROPERTY AT THE NORTHEAST CORNER OF 3 77 AND SPRING HILL, IT IS FOR, UM, THE APPLICANT BEING VACCARO VENTURES AS WELL AS, UM, SEVEN 11. THIS IS THE OVERALL HIGH POINT DEVELOPMENT, UM, PROPERTY THAT I'M SURE YOU'RE FAMILIAR WITH. UM, PART OF THE APPLICATION REQUIREMENTS REQUIRES A A SITE PLAN. IT IT'S A CONCEPTUAL SITE PLAN IN NATURE. IT HAS NOT BEEN THROUGH A FORMAL REVIEW PROCESS THAT INCLUDES PRELIMINARY WATER, SEWER, DRAINAGE, LANDSCAPE, AND ELEVATIONS. IT'S, UM, GENERALLY A, A CONCEPTUAL IDEA OF HOW THE PROPERTY AND WHERE THE STRUCTURE WILL BE LOCATED. UM, AS YOU KNOW, THE, UM, ALCOHOL SALES REGULATIONS THAT WERE ADOPTED LAST YEAR, UM, REQUIRES SPECIFIC USE PERMIT FOR, UH, CONVENIENCE STORES. MO MOST EVERY USE IN YOUR, YOUR CITY. UM, THIS ONE'S A LITTLE BIT DIFFERENT BECAUSE RIGHT ACROSS THE STREET IS THE, THE HIGH SCHOOL PROPERTY AND THE, UM, THE REGULATIONS IN YOUR COMMUNITY AS WELL AS MANY OTHERS, UM, HAS A SEPARATION REQUIREMENT FOR, UM, SCHOOLS, UM, PRIVATE SCHOOLS, HOSPITALS, UM, A FEW DIFFERENT USES TO ENSURE THAT THERE'S PROPER SEPARATION THROUGH THE ABILITY FOR TO, TO REVIEW THESE APPLICATIONS AND MAKE SURE THE DISTANCE REQUIREMENTS ARE APPROPRIATE. UM, IN THIS PARTICULAR CASE, THE, UM, AUBREY INDEPENDENT SCHOOL DISTRICT HAS PROVIDED A LETTER OF NO OBJECTION, UH, TO THE ALCOHOLIC BEVERAGE SALES OF BEER AND WINE AT THIS PARTICULAR LOCATION. AND THOSE SALES ARE FOR OFFSITE CONSUMPTION, NOT NOT ONSITE. THE APPLICATION HAS BEEN REVIEWED BY STAFF. IT'S ALSO BEEN REVIEWED BY YOUR POLICE DEPARTMENT, WHICH IS ANOTHER REQUIREMENT IN YOUR DEVELOPMENT REGULATIONS. UM, STAFF IS RECOMMENDING APPROVAL OF THIS ITEM WITH THE, UH, VARIANCE. UM, THE CAVEAT THAT CITY COUNCIL APPROVED THAT DISTANCE VARIANCE, THE PLANNING AND ZONING COMMISSION REVIEWED THIS ITEM AT THEIR MAY 8TH MEETING AND APPROVED IT, UM, FOR RECOMMENDATION AT A, A VOTE OF FIVE TO ONE. THE PUBLIC HEARING NOTICES WERE MAILED AND ALSO PUBLISHED IN THE NEWSPAPER AS REQUIRED. AND AS I MENTIONED, WE HAVE ONE LETTER OF NO OBJECTION FROM THE SCHOOL DISTRICT, AND WE HAVE ONE LETTER IN OPPOSITION TO THE SUP IN THIS PARTICULAR LOCATION. UM, THIS EVENING, YOU HAVE THE ABILITY TO, UM, APPROVE THE SUP, UH, ADOPT THE, THE ZONING ORDINANCE FOR THIS APPLICATION FOR THE BEER AND WINE SALES FOR OFFSITE, UM, SALES, OR, UM, YOU CAN'T WITH, UH, THE VARIANCE REQUEST OBVIOUSLY, OR YOU HAVE THE OPPORTUNITY TO, UM, DENY THE SUP, THE APPLICANT. UM, LET US KNOW TODAY THAT THEY WOULD LIKE TO TABLE THIS ITEM. THEY ARE, UM, THEY HAVE SOME CONCERNS HOW THE ORDINANCE BEFORE YOU HAS BEEN WRITTEN. UM, HOWEVER, IT, IT MEETS THE REQUIREMENTS BASED ON OUR REGULATIONS. AND IF YOU HAVE ANY QUESTIONS, I'M SURE, SURE. YOUR CITY ATTORNEY WILL BE, BE AVAILABLE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS FOR ME. THE APPLICANTS ARE HERE THIS EVENING. DO YOU HAVE ANYTHING YOU WANNA ADD, PATRICIA? THANK YOU. SORRY ABOUT THAT. OKAY. SO I RECEIVED SOME REDLINE COMMENTS IN THE ORDINANCE THAT REDLINED OUT THINGS THAT WERE JUST REQUIREMENTS WITHIN OUR STANDARDS. SO I DID SEND SOME COMMENTS BACK TO LEANNE THAT SHE SHARED WITH THE APPLICANT. UM, THE, THE REQUIREMENTS OF OUR ORDINANCE ARE LISTED IN THE CONDITIONS OF THE SUP, SO HAVEN'T SPOKEN TO THE LAWYER WHO MADE THOSE COMMENTS. BUT, UM, BASICALLY MY RECOMMENDATION IS TO REJECT THOSE COMMENTS BECAUSE THE ORDINANCE TRACKS ORDINANCE LANGUAGE TRACKS THE REQUIREMENTS IN OUR CODE. SO, SO DO WE NEED TO MAKE A MOTION EVEN IF THEY'RE TABLING IT? SO AT [00:25:01] THIS POINT, I MEAN, WE NEED TO HOLD THE PUBLIC HEARING AND HEAR FROM THE APPLICANT AS WELL. AND THEN A COUNCIL CAN, AS, AS HELEN POINTED OUT, YOU CAN APPROVE IT AS IT'S WRITTEN. UM, YOU CAN DENY IT IF YOU WANT TO CONSIDER ANY OF THE AMENDMENTS THEY'RE MAKING. UM, YOU CAN HEAR THOSE OUT. BUT I WILL SAY THE PROPOSED AMENDMENTS THAT THEY HAVE ARE TAKING OUT THINGS THAT ARE ORDINANCE REQUIRES THE APPLICANT LIKE TO SAY ANYTHING. HELLO? UH, MY NAME IS AUSTIN AVERETT. UM, I'M WITH THE APPLICANT BE CARROLL VENTURES, UH, ADDRESS 2 6 2 7 TILLER STREET. UM, YES SIR, WE WERE JUST, UH, MO OR ASKED THAT THE COUNSEL DECIDES TO TABLE THIS UNTIL, UH, NEXT MEETING. THAT WAY OUR LAWYERS CAN MEET AND KIND OF DISCUSS SOME OF THE ISSUES THAT WE HAVE ON OUR END. UM, THE MAIN CONCERN IS THAT SHOULD THE, UM, UH, I BELIEVE IT WAS WHENEVER THERE'S A SALE OF THE PROPERTY, THE SUP ITSELF IS NULL AND VOID AND EXPIRES, UM, WE WOULD ASK THAT PROPOSE THAT THAT SUP ITSELF IS TIED TO THE TENANT RATHER THAN THE OWNER. UM, AND AGAIN, THAT'S KIND OF WHY WE'RE JUST ASKING THE TABLE THIS. THAT WAY WE HAVE TIME TO DISCUSS BETWEEN THE CITY OURSELVES, SEVEN 11, UM, AND YOU GUYS AS WELL. THANK YOU. ALRIGHT. THANK YOU. DO YOU GUYS WANNA PUT IT OFF? I'M OKAY WITH TABLE IT. I MAKE A MOTION TO TABLE. UM, I MEAN, I'D LIKE TO POINT OUT THAT THIS IS NOT A CONTRACT, IT'S AN ORDINANCE. WE DON'T NORMALLY NEGOTIATE ON THE ORDINANCES. WELL, WE'RE NOT GONNA NEGOTIATE. IT'S, THE ORDINANCE IS GONNA STAND THE WAY IT IS. UNDERSTOOD. I MEAN, YOU TELL YOUR ATTORNEYS, NO OFFENSE, YOU AND YOUR ATTORNEYS CAN TALK ALL YOU WANT TO, BUT WE'RE GONNA STAND BY WHAT WE'RE GONNA DO. SO, UNDERSTOOD. WE'RE, I'M, I'M MOTIONING TO TABLE THIS FOR YOUR CONVENIENCE. THANK YOU. YES. BUT IT IS WHAT IT IS. WELL, WE JUST NEED TO FINISH THE PUBLIC HEARING AT THIS POINT. ALL, ANY OTHER QUESTIONS OR COMMENTS, ANY PUBLIC INPUT. WITH THAT, WE WILL CLOSE THE PUBLIC HEARING AT 6 27. MAKE A MOTION TO THE TABLE. ONE SECOND. MOTION TO THE TABLE BY JEFF. SECOND BY CHUCK ON FAVOR. TABLE PASS FORWARD TO ZERO. UH, ITEM 18 CONSIDERATION ACTS ON A FINAL PLAT FOR LOTS, ONE THROUGH 15 BLOCK, A CHAPARRAL CENTER, UH, GENERALLY LOCATED NORTH OF FM 4 28 SPRING HILL ROAD AND EAST OF US HIGHWAY 3 77. THE CHAPARRAL CENTER FINAL PLAT WAS PREVIOUSLY CALLED, UM, HIGH POINT, UH, COMMERCIAL. UM, SO YOU'RE SEEING THIS NOW AS A FINAL PLAT. IT WAS APPROVED, UM, WITH A DIFFERENT NAME. UH, THE PROPERTY, ONCE AGAIN IS PART OF THE HIGH POINT AREA AND THE PD ZONING, THE LOCATION MAP AND CONCEPT PLAN ILLUSTRATES THIS ENTIRE PARCEL THAT'S SEPARATED BY 3 77 SPRING HILL, AS WELL AS THE, THE FUTURE COLLECTOR ALONG THE EAST AND NORTH SIDE OF THE PROPERTY. UM, SO THE APPLICANT HAS SUBMITTED, UM, A WELL PRELIMINARY PLAT, IT SHOULD SAY FINAL PLAT. AND THEY HAVE 14 COMMERCIAL LOTS AND THEN A, A RIGHT OF WAY RESERVATION LOT THAT IS ON 3 77. UM, IT PROVIDES FOR THE NECESSARY EASEMENTS, UM, FIRE, FIRE LANES, RIGHT OF WAY DEDICATIONS FOR THE PROPERTY TO DEVELOP AND FOR THE PARCELS TO BE, UM, SOLD OFF AS LOTS. UM, IN THE FUTURE YOU'LL BE SEEING INDIVIDUAL SITE PLANS FOR ALL OF THESE LOTS AS THEY, UM, APPLY FOR DEVELOPMENT. AND THOSE WILL BE PRESENTED TO YOU AS WELL AS THE P AND Z COMMISSION. UM, THEY HAVE A NUMBER OF, UM, PAD USERS THAT HAVE BEEN LOOKING AT THE PROPERTY. THE PREVIOUS ITEM OBVIOUSLY WAS A CONVENIENCE STORE, UM, AT THE HARD CORNER. OKAY, THIS IS, UM, AN IMAGE IN YOUR PACKET. THE FINAL PLAQUE FALLS ON TWO OR THREE, THREE OR FOUR PAGES. UM, SO THESE HAVE BEEN PIECED TOGETHER SO YOU CAN GET AN IDEA OF WHERE ALL OF THE INDIVIDUAL LOTS ARE LOCATED, AS WELL AS THE FLOODPLAIN AND THE GENERAL ACCESS AROUND THE PROPERTY. AND ON THE PROPERTY. UH, WE DO HAVE, UM, 10 CONDITIONS, UM, THAT ARE AT THIS TIME STILL OUTSTANDING FOR THE PROPERTY. UM, THEY'RE LISTED UP THERE IN THE, THE SLIDE. THEY'RE ALSO IN YOUR AGENDA PACKET. AND WE'VE WORKED, UM, QUITE WELL WITH THE APPLICANT'S ENGINEER. UM, YOUR CITY ENGINEER, COOPER REINHOLD IS [00:30:01] HERE AS WELL TO ANSWER ANY SPECIFIC QUESTIONS. A LOT OF THESE, UM, COMMENTS, CONDITIONS ARE OUT OF MY WHEELHOUSE. UM, SO, UM, THE PLANNING AND ZONING COMMISSION UNANIMOUSLY RECOMMENDED THIS ITEM. IF THERE ARE MAY 8TH MEETING, AND YOU ALL HAVE THE ABILITY TO APPROVE IT AS IT'S BEEN PRESENTED WITH THOSE 10 CONDITIONS FOR APPROVAL, UM, YOU COULD ADD ADDITIONAL CONDITIONS OR YOU COULD, UM, DENY THE FINAL PLAT. AND ONCE AGAIN, UM, OUR CITY ENGINEER IS HERE THIS EVENING. THE APPLICANTS ARE HERE. SHOULD YOU HAVE ANY QUESTIONS FOR THEM. AND YOU ALSO HAVE A RECOMMENDED MOTION ON THE SLIDE. ANY QUESTIONS, CONCERNS? DID THE APPLICANT WANT TO SAY ANYTHING? ANY INPUT FROM THE APPLICANT? HI, MY NAME IS MIKE FEATHER. I'M THE APPLICANT'S ENGINEER. UM, WE'VE HAD TALKS WITH THE CITY ENGINEERS AND, UM, KIND OF HAD A BIT OF A BACK AND FORTH REGARDING ANY OF THE OUTSTANDING COMMENTS AND WE INTEND TO ADDRESS THOSE AND RESUBMIT. SO, UM, WE DON'T ANTICIPATE ANY ISSUES IN MEETING THOSE CONDITIONS. OKAY, THANK YOU MAYOR. I MOVE TO APPROVE THE CHAPARRAL CENTER FINAL PLAT SUBJECT TO THE 10 CONDITIONS LISTED IN THE STAFF REPORT. I SECOND MOTION MY JEFF, SECOND, MY MATT. ALL IN FAVOR PASSES FOUR TO ZERO ITEM 19 CONSIDERATION. ACTS ON A PRELIMINARY PLA APPLICATION FOR HIGH POINT RANCH, EAST PHASE ONE FOR 192 RESIDENTIAL LOTS AND THREE HOA LOTS GENERALLY LOCATED SOUTH OF OF EAST BLACKJACK ROAD, EAST OF US HIGHWAY 3 77 AND NORTH OF SPRING HILL ROAD F 4 28. THE HIGH POINT RANCH EAST PHASE ONE PRELIMINARY PLAT IS THE NEXT ITEM ON THE AGENDA. AND THE ONE RIGHT AFTER IS THE FINAL PLAT. SO I'LL BE TALKING ABOUT BOTH OF THESE AT AT THE SAME TIME AS TO THE PROPERTY IS HIGHLIGHTED IN YELLOW ON THE OVERALL HIGH POINT RANCH CONCEPT PLAN. AND IT PROVIDES FOR THE NUMBER OF, UM, LOTS THE COMMON AREA, LOTS DETENTION, DRAINAGE, AND, UH, THE ORIGINAL PRELIMINARY PLAT HAD EXPIRED. SO THAT'S WHY THIS EVENING YOU'RE SEEING THE PRELIMINARY PLAT AND THE FINAL PLAT TOGETHER. 'CAUSE YOU HAVE TO HAVE ONE THAT'S ACTIVE AND NOT LIVE, UH, TO BE ABLE TO TAKE ACTION ON A FINAL PLAT. THIS IS AN IMAGE OF THE, THE SHEETS THAT ARE PUT TOGETHER THAT ARE IN YOUR AGENDA PACKET ILLUSTRATING THE OVERALL STREET PATTERN OF THE LOT LAYOUT. THE, UH, PROPERTY MEETS THE PD PLAN, DEVELOPMENT DISTRICT REGULATIONS FOR MINIMUM, UM, LOT SIZES AND LOT AREAS AND SETBACKS. UH, THE CITY ENGINEER AND PLANNER STAFF HAVE REVIEWED IT AND RECOMMENDED FOR APPROVAL AS PRESENTED THIS EVENING. UM, WE DON'T HAVE ANY CONDITIONS ON THIS PARTICULAR ITEM, SO YOU CAN APPROVE IT AS PRESENTED AT ANY CONDITIONS OR DENY IT. UM, THE APPLICANTS ARE HERE THIS EVENING AS WELL AS THE CITY ENGINEER IF YOU HAVE ANY QUESTIONS. AND YOUR RECOMMENDED MOTION IS ON THE SLIDE. OKAY. GET A MOTION, UH, MOVE TO APPROVE THE PRELIMINARY PLAT FOR HYPO RANCH. SECOND. MOTION BY CHUCK. SECOND BY MIKE. ALL IN FAVOR PASSES FOUR TO ZERO. UH, ITEM 20 CONSIDERATION AXON. A FINAL PLAT FOR HIGH POINT RANCH PHASE RANCH, EAST PHASE ONE. THIS IS THE, THE SAME PROPERTY, YOUR AGENDA PACKET. AND THE SLIDE ILLUSTRATE ONE CONDITION AND THAT WAS THE PRELIMINARY PLAT NEEDED TO BE APPROVED BEFORE THE FINAL PLAT. SO YOU JUST APPROVE THAT AND WE CAN REMOVE THAT CONDITION. AND I'M AVAILABLE FOR ANY QUESTIONS THAT YOU MIGHT HAVE. I'LL MOVE TO APPROVE THE FINAL PLAT FOR HIGH POINT RANCH EAST PHASE ONE. SECOND MOTION. MY CHUCK SECOND BY MIKE. ALL IN FAVOR PASSES FORWARD TO ZERO. ITEM 21 CONSIDERATION. ACTS ON A PRELIMINARY PLAT FOR THE PALOMINO FOR 300 RESIDENTIAL LOTS. ONE LIFT STATION, LOT FIVE HOA LOTS, ONE PUBLIC PARK, LOT ONE GENERAL RETAIL LOT ONE CITY DEDICATED GENERAL [00:35:01] RETAIL LOT GENERALLY LOCATED WEST OF FM 29 31 NORTH OF FRONTIER PARKWAY AND EAST OF THE FUTURE SILVERADO PARKWAY. ONCE AGAIN, THIS IS A PRELIMINARY PLAT AGENDA ITEM AND THE NEXT ONE IS THE FINAL PLAT. THE, UM, ORIGINAL PRELIMINARY PLAT HAS EXPIRED. MOST OF YOU ARE FAMILIAR WITH THIS ONE. IT WAS ONES CALLED LLOYD PROPERTY. UH, LLOYD RANCH. UM, THE PROPERTY IS IN THE CITY. THE OVERALL CONCEPT PLAN IS HIGHLIGHTED ON THE, THE SLIDE ABOVE YOU. SO THE, THE PRELIMINARY PLAT OUTLINES ALL OF THE HOA LOTS, THE, UM, DOG PARK LOTS, COMMERCIAL LOTS, AS WELL AS THE RESIDENTIAL PROPERTIES. UM, IN THE CIVIL PLANS THAT ARE ASSOCIATED WITH THE FINAL PLAT. UM, I PUT THESE IN HERE JUST SO YOU COULD SEE THE, THERE'S A CITY PARK IN THERE. SO THERE'S A, A VERY NICE PARK PLAY STRUCTURES THAT I THOUGHT YOU ALL WOULD BE INTERESTED IN SEEING. THIS IS THE GENERAL LAYOUT, AND THESE ARE SOME OF THE, UM, PERSPECTIVE ILLUSTRATIONS FOR THE EQUIPMENT THAT'S PROPOSED IN THAT, THAT PARK AREA. THE PLANNING AND ZONING COMMISSION, UH, REVIEWED THIS ITEM AND UNANIMOUSLY RECOMMENDED IT FOR APPROVAL AT THEIR MEETING AT THE CITY PLANNER. CITY STAFF, UM, CITY ENGINEER DO NOT HAVE ANY CONDITIONS ASSOCIATED WITH THIS ITEM. UM, YOU HAVE THE OPTIONS ON THE SLIDE FOR YOU AS WELL AS A RECOMMENDED MOTION. WE'RE RECOMMENDING APPROVAL. THE PARKING PLAYGROUND OR HOA MAINTAINED, RIGHT? NO, SIR. THAT'S A CITY, CITY PARK. LET ME GO BACK AND SHOW YOU WHERE, BECAUSE THERE IS A DOG PARK TO THE, WHERE DID IT GO? WELL, THE, IT'S NOT POINTING POINT TO MY SCREEN. THIS ONE, I'M USING THIS ONE ANYWAY, THE WESTERN SIDE OF THE PROPERTY, THERE'S A, A RECTANGULAR PROPERTY THAT IS THE DOG PARK. MM-HMM . AND THEN TOWARDS THE MIDDLE OF THE PROPERTY, JUST SOUTH OF WHERE THE LIFT STATION LOT IS LOCATED IS THE CITY PARK. AND THEY HAVE PROVIDED THE REQUIRED, UM, PARKING ASSOCIATED FOR THAT CITY PARK. YEAH, IT'S ALWAYS BEEN THAT CITY PARK. NO, IT'S THE CITY PARK. BUT ARE THEY MAINTAINING IT OR ARE WE STAFFING THE MAINTENANCE ON IT? BE CITY PLAN, MIND YOU OF THAT, DURING BUDGET. , ANY MOTION? MOTION TO APPROVE THE PALOMINO PRELIMINARY PLANT. I'LL SECOND MOTION MY JEFF, SECOND MY CHUCK. ALL IN FAVOR? ALL OPPOSED PASSES THREE TO ONE ITEM 22, CONSIDERATION OF ACTION ON A FINAL PLA FOR THE PALOMINO SUBDIVISION. THIS IS THE, THE NEXT STEP IN THE DEVELOPMENT PROCESS FOR THEM. IT IS THE FINAL PLAT, A PNZ RECOMMENDED IT FOR APPROVAL. WE DO NOT HAVE ANY CONDITIONS NOW ASSOCIATED WITH THIS BECAUSE YOU JUST APPROVE THE, THE PRELIMINARY PLAT, UM, STAFF RECOMMENDS APPROVAL. UM, THE APPLICANTS ARE HERE. IF YOU HAVE ANY QUESTIONS FOR THEM AS WELL AS YOUR CITY ENGINEERING. I'M AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE. MOVE TO APPROVE THE OMEO. FINAL PLA I'LL SECOND MOTION MY JEFF, SECOND MY CHECK ON FAVOR. ALL AGAINST PASSES THREE TO ONE. ALRIGHT, ITEM 23, CONSIDERATION ACTION ON A SITE PLAN FOR THE SHOPS AT HIGH MEADOWS. LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST HIGH MEADOW DRIVE AND BETTY LANE. THE SHOPS AT HIGH MEADOW IS LOCATED AT THE SOUTHWEST CORNER OF BETTY, AS WELL AS, UM, EAST HIGH MEADOW DRIVE AND JUST NORTH OF REDFERN. THE LOCATION MAP ILLUSTRATES, UM, WHERE THE PROPERTY IS LOCATED ALONG. UM, HIGH MEADOW, WE'RE LOOKING AT A SITE PLAN FOR THIS FIRST ITEM. THE PROPERTY HAS A TWO STRUCTURES ASSOCIATED PARKING, [00:40:01] UM, LANDSCAPING. IT DOES INCLUDE TWO ONE STORY BUILDINGS AND THE PROPERTY HAS BEEN PART MEETING THE, THE CITY'S REQUIREMENTS. UM, THIS IS A PROJECT THAT'S BEEN IN, IN REVIEW FOR A NUMBER OF YEARS, RIGHT, LEAH? UM, SO WE'RE, WE'RE HAPPY THAT IT'S FINALLY, UM, COMING BEFORE YOU. THERE'VE BEEN A NUMBER OF THINGS TO WORK OUT. ONE OF THEM WAS DRAINAGE. THEY'VE, UM, CHOSEN TO PROVIDE, UM, UNDERGROUND DETENTION TO MEET THE CITY'S DRAINAGE PLANT. AND WE'VE BEEN WORKING WITH THEIR ENGINEERS AS WELL AS, UM, OUR CITY ENGINEER. THE PROPOSED ELEVATIONS ARE ILLUSTRATED IN THE IMAGERY UP, UP TOP. AND ONE OF THE ITEMS THAT THEY DO HAVE WITH THEIR SITE PLAN IS A VARIANCE TO THE LANDSCAPE REQUIREMENTS. SECTION 23 OF YOUR ZONING ORDINANCE ALLOWS CITY COUNCIL TO GRANT VARIANCES TO, TO CERTAIN ITEMS WITHIN THAT SECTION. UH, ONE OF THEM HAS TO DO WITH LANDSCAPING AND, AND SCREENING. THE BUFFER YARD REQUIREMENTS FOR THIS PROPERTY REQUIRE A 10 FOOT LANDSCAPE BUFFER ALONG THE SOUTHERN PROPERTY BOUNDARY. AND THERE HAPPENS TO BE A 10 FOOT UTILITY EASEMENT THERE THAT WE DON'T WANT TREES AND SHRUBBERY IN THAT PARTICULAR EASEMENT. AND THEN ALONG THE WEST SIDE, UM, THERE'S A, A SCREENING, WELL, A RETAINING WALL AS WELL AS A, A A FIVE FOOT BUFFER THAT'S REQUIRED ALONG THAT AREA. THIS, UM, THE SLIDE THAT'S ABOVE, UM, UP ON THE SCREEN ILLUSTRATES THE OVERALL NUMBER OF REQUIRED CANOPY TREES, ACCENT TREES, AND SHRUBBERY FOR THE OVERALL SITE. AND IT ALSO ILLUSTRATES WHAT THEY'VE PROVIDED. UM, STAFF HAS REVIEWED THIS FOR, UM, A LONG TIME. YOU DID SEE THIS SITE PLAN LAST SUMMER, I BELIEVE IT WAS, AND IT WAS APPROVED, UM, SUBJECT TO THIS VARIANCE. SO THIS VARIANCE HAS BEEN GRANTED ON A PREVIOUS SITE PLAN. UM, THIS IS ALSO A PICTURE OF THE, THE LANDSCAPE PLANTS. YOU CAN SEE THEY HAVE TRIED REALLY HARD TO COMPENSATE FOR, UM, THE LANDSCAPE BUFFERS PROVIDING FOR LANDSCAPE ALONG THE STREETS, AS WELL AS IN THE PARKING AREAS AND PARKING ISLANDS. THESE, UH, STAFF RECOMMENDATIONS, THERE ARE, UH, FIVE CONDITIONS ASSOCIATED WITH THIS SITE PLAN AND, UM, WE COULD GO THROUGH THEM OR THE, UM, NOT YOU CAN JUST TRUST US THAT WE HAVE FULLY VETTED THIS, THIS PROJECT. THE APPLICANT HAS SEEN THESE. THEY ARE WORKING ON THEM. WE ANTICIPATE THEM BEING ABLE TO SATISFY THESE REQUIREMENTS AND YOUR CITY ENGINEERS HERE ALSO, SHOULD YOU HAVE ANY QUESTIONS ABOUT THE ENGINEERING COMMENTS, UM, PNZ DID APPROVE IT. SIX ZERO, UM, SUBJECT TO COUNCIL APPROVING THE VARIANCE FOR THE LANDSCAPE BUFFERS. AND YOU CAN APPROVE IT AS PRESENTED WITH THOSE CONDITIONS OR, UM, ADD ANY ADDITIONAL CONDITIONS OR DENY THE SITE PLAN. AND I DON'T BELIEVE THE APPLICANT'S HERE THIS EVENING. AND SO IF YOU HAVE ANY QUESTIONS, STAFF WILL TRY TO HELP YOU OUT. ANY QUESTIONS OR CONCERNS? I WILL MOVE TO APPROVE THE SITE PLAN. UH, SUBJECT TO THE FIVE CONDITIONS LISTED BY STAFF. SECOND. MOTION BY CHUCK. SECOND BY JEFF. ALL IN FAVOR PASSES FOUR TO ZERO. ITEM 24 CONSIDERATION AND ACTION ON A REPL OF BLOCK FOUR R ONE R BLOCK A OF THE GARLAND WILSON EDITION, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST HIGH METAL DRIVE AND BETTY LANE. THIS REPL IS THE, UH, PLAT THAT'S ASSOCIATED WITH THE SITE PLAN THAT YOU JUST SAW. IT'S PROVIDING FOUR EASEMENTS. UM, ONE IN PARTICULAR IS THE FIRE LANE EASEMENT ILLUSTRATED ON THE FINAL PLAT OR REPL EXHIBIT. UH, WE ALSO HAVE, UM, CONDITIONS FOR THIS PARTICULAR, UM, REPL. A REPL NEEDS TO MEET ALL THE REQUIREMENTS OF A FINAL PLAT, AND THAT REQUIRES, UM, FULL CIVIL CONSTRUCTION PLANS. SO WE DO HAVE, UM, SIX ITEMS FOR THIS PARTICULAR, UM, REPL SUBJECT TO APPROVAL FOR THESE CONDITIONS. AND YOUR CITY ENGINEERS HERE, THE APPLICANT'S NOT AVAILABLE. UM, P AND Z REVIEWED THIS AND RECOMMENDED IT SIX ZERO AT THEIR LAST MEETING. AND YOU CAN APPROVE IT AS PRESENTED WITH THOSE [00:45:01] CONDITIONS. ADD ANY CONDITIONS OR DENY, UM, THE REPL AND A RECOMMENDED MOTION IS ON THE SLIDE. I'LL MOVE. WE APPROVE THE REPLIED SUBJECT TO THE SIX CONDITIONS LISTED IN THE STAFF REPORT. I'LL SECOND. MOTION BY MATT. SECOND BY MATT. ALL IN FAVOR PASSES BOARD ZERO. ITEM 25. CONDUCT A PUBLIC HEARING. CONSIDER AN ACT ON ORDINANCE AMENDING SECTION SIX OF THE EXHIBIT 14, A ZONING ORDINANCE AND CHAPTER 14, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF AY TEXAS TO ADOPT REGULATIONS APPLICABLE TO TOBACCO SHOPS IN THE SHOPPING CENTER AND COMMERCIAL ZONING DISTRICTS. AND TO ADOPT A CONDITIONAL USE PERMIT REQUIREMENT WITH WITHIN THOSE DISTRICTS TO PROVIDE REGULATIONS FOR APPROVAL OF SUCH USE TO PROVIDE FOR TOBACCO SHOP USE WITHIN THE INDUSTRIAL DISTRICT. AMENDING SECTION FOUR DEFINITIONS. WE'LL START THE PUBLIC HEARING AT 6 46. OKAY, THIS ONE'S A LITTLE, LITTLE BIT MORE DETAILED. SO STAFF WAS, UM, ASKED TO LOOK AT AMENDING THE CODE OF SPECIFICALLY FOR TOBACCO SHOPS, UM, ANY TYPE OF USES THAT USE INHALERS, UM, TO PROVIDE FOR THOSE IN A CERTAIN, CERTAIN ZONING DISTRICT, AS WELL AS REMOVE IT FROM THE SC SHOPPING CENTER DISTRICT AND THE SEE THE COMMERCIAL DISTRICT, UM, STAFF LOOKED AT A NUMBER OF OTHER COMMUNITIES TO SEE HOW THEY'VE BEEN, UM, HANDLING THIS. WE'VE CONSULTED WITH YOUR CITY ATTORNEY, UM, ON A LOT OF RESEARCH ON THIS TOPIC AS WELL. UM, SO WHAT'S BEING PRESENTED TO YOU THIS EVENING IS REMOVING, UM, TOBACCO SHOPS IS A, UM, PERMITTED USE IN THE SC DISTRICT AND COMMERCIAL DISTRICT AND ADDING IT TO THE INDUSTRIAL DISTRICT. AND WITH THE INDUSTRIAL DISTRICT, IT WOULD BE, IT WOULD FALL UNDER WHAT'S CALLED A CONDITIONAL USE PERMIT, WHICH IS SIMILAR TO GETTING A BUILDING PERMIT OR ASSIGNED PERMIT. IF YOU MEET THE REGULATIONS, STAFF JUST SIGNS OFF ON, ON YOUR PERMIT APPLICATION. SO IT WOULD NOT REQUIRE THE SUP, UM, A SPECIFIC USE PERMIT, WHICH WOULD BE THE PUBLIC HEARINGS GOING THROUGH P AND Z AND COUNSEL AND NOTIFYING PROPERTY OWNERS. UM, SO THAT'S THE, THE RESTRICTION. UM, FOR THE CONDITIONAL USE PERMIT WE'VE OUTLINED IN THE INDUSTRIAL DISTRICT THAT IT MUST BE A SHOP MUST BE LOCATED A THOUSAND FEET FROM ANY PUBLIC SCHOOL. AND, UM, THE TOBACCO SHOP SHALL BE LOCATED A MINIMUM OF A THOUSAND FEET FROM ANOTHER TOBACCO SHOP. UH, THERE ARE OPERATING REQUIREMENTS THAT THEY MUST COMPLY WITH, SUCH AS NOT ALLOWING A MINOR TO ENTER AND NOT ALLOWING CONSUMPTION, CONSUMPTION OF TOBACCO PRODUCTS ON THE PREMISES. UM, THIS WAS ONE OF THE ITEMS THAT THE PLANNING AND ZONING COMMISSION HAD A LOT OF, UM, DISCUSSION AND INPUT ON. UM, SO IN THE ORDINANCE THAT YOU HAVE BEFORE YOU AS WELL AS IN THE STAFF REPORT, ONE OF THE ITEMS, UM, THAT THEY WANTED TO SEE WAS TO ALLOW THE TESTING OF PRODUCTS. WE, WE UNDERSTAND THAT IT, THESE PRODUCTS ARE VERY EXPENSIVE AND ONCE YOU LEAVE THE STORE, THEY DON'T ALLOW RETURNS. SO THEY WILL BE ALLOWED TO TEST PRODUCTS, BUT IT WILL NOT BE ALLOWED AS LIKE A, A LOUNGE WHERE PEOPLE CAN, CAN STAY AND SMOKE. UM, ALSO IF A TOBACCO SHOP IS LOCATED IN A BUILDING THAT HAS A, A COMMON WALL OR ATTIC SPACE, THEN THE PRODUCT USE ON THAT PREMISES, UM, SHOULD NOT INTERFERE WITH THOSE OTHER, UM, OCCUPANTS OR BUSINESSES. SO IN SUMMARY, WHAT WE'RE DOING IS REMOVING TOBACCO SHOPS AS A PERMITTED USE FROM THE SCNC DISTRICTS AND PROVIDING IT AS A CONDITIONAL USE IN THE INDUSTRIAL DISTRICT. AND I ALSO, UM, HIGHLIGHTED THAT THE CUP CONDITIONAL USE PERMIT, IF YOU MEET THOSE REQUIREMENTS OUTLINED ON THE PREVIOUS SLIDE, THEN UM, YOUR PERMIT IS ISSUED AND YOUR, YOU HAVE THE ABILITY TO GET YOUR BUILDING PERMIT OR YOUR, YOUR CO ACTUALLY, UM, NOTIFICATIONS, UM, AS REQUIRED. UM, WE'RE TAKEN CARE OF. WE HAVE NO RESPONSES IN, IN FAVOR OR OPPOSITION. UH, THE PLANNING AND ZONING COMMISSION REVIEWED THIS ITEM. UM, THEY HAD A NUMBER OF ITEMS, LET'S SEE. THERE WAS, LET ME GO BACK TO MY REPORT. THE PLANNING AND ZONING COMMISSION, UM, ASKED US TO [00:50:01] WORK WITH THE CITY ATTORNEY TO PROVIDE ADDITIONAL TERMS FOR DEFINITIONS TO INCLUDE ANY AND ALL TOBACCO USES SUCH AS SMOKE, SMOKELESS, OR OTHER CONSUMER PRODUCTS. UH, THE DISTANCE REQUIREMENTS WERE CLARIFIED, UM, TO BE MEASURED FROM PROPERTY LINE TO PROPERTY LINE, AND THAT THE TESTING OF PRODUCTS PRIOR TO PURCHASE IS PERMITTED INSIDE THE STORE. AND THE ORDINANCE BEFORE YOU THIS EVENING REFLECTS ALL OF THE COMMISSIONS RECOMMENDATIONS. AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE AND STAFF AS WELL. ANY QUESTIONS, COMMENTS WHILE WE HAVE THE PUBLIC HEARING OPEN? ANY PUBLIC INPUT? I GUESS MY, SO I HAVE A QUESTION. IS IT, IS THERE A LEGAL DEFINITION FOR TESTING? YEAH. HOW LONG DO YOU TEST BEFORE IT BECOMES A LOUNGE? , I, I DON'T PARTAKE OF IT, SO I DON'T KNOW WHAT TESTING LOOKS LIKE, BUT, UM, I MEAN, TESTING WOULD HAVE ITS PLAIN AND ORDINARY MEANING. SO IT WOULD MEAN THE SAMPLES THAT YOU GET TO TEST AND LEAVE. SO, OKAY. YEAH, I WAS JUST WORRIED ABOUT ENFORCEMENT ON THAT. IF IT'S A BUNCH OF PEOPLE IN THERE TESTING A BUNCH OF PRODUCTS THAT, YOU KNOW, WHOEVER'S NEXT TESTING AND TESTING AND TESTING, DEPENDING ON THE VENTILATION SYSTEM THAT GOT THERE. YEAH. WELL, WITH THAT, WE'LL CLOSE THE PUBLIC HEARING AT 6 52. I MOVE, WE APPROVE THE AMENDMENT TO THE ZONING ORDINANCE FOR ITS BACKING SHOPS. I'LL SECOND MOTION BY MATT, SECOND BY MIKE. ALL IN FAVOR? ALL AGAINST. AND THEN I'LL VOTE FOR IT. I'LL PASS THREE TO TWO. THAT WAY YOU NEED PATRICIA. YES, SIR. YES SIR. ITEM 26, CONDUCT A PUBLIC HEARING, CONSIDER AND ACT ON AN ORDINANCE FOR, FOR AN AMENDMENT TO CHAPTER 14, ZONING ORDINANCE TO AMEND SECTION SIX, CONDITIONAL USE, CONDITIONAL USES AND SPECIFIC USE PERMITS TO ADOPT A CONDITIONAL USE PERMIT PROCESS TO ALLOW FOR THE SALE OF SPECIFIED SPECIFIED TYPES OF ALCOHOLIC BEVERAGES AND CERTAIN ZONING DISTRICTS. AND TO PROVIDE A SPECIFIC USE, UH, PERMIT FOR THE SALE OF SPECIFIED TYPES OF ALCOHOLIC BEVERAGES AND CERTAIN ZONING DISTRICTS. LOTS OF SPECIFICS. THAT SOUNDED REDUNDANT. WELL OPEN THE PUBLIC HEARING AT 6 53. ALL RIGHT, SO LAST YEAR THE CITY ADOPTED A ZONING REGULATIONS FOR ALCOHOLIC BEVERAGE SALES AND A SPECIFIC USE PERMIT, WHICH IS CUSTOMARY AND MOST CITIES IS REQUIRED, UM, SO THAT THE COMMISSION AND THE COUNCIL HAVE THE ABILITY TO REVIEW AN APPLICATION TO SEE IF IT'S, UM, AN APPROPRIATE LOCATION FOR, FOR, FOR THAT TYPE OF USE. UM, BUT SINCE THAT TIME, IT'S BEEN SUGGESTED THAT CERTAIN TYPES OF USES, UM, COULD BENEFIT FROM AN EASIER PROCESS INSTEAD OF, UM, THE SPECIFIC USE PERMIT. SO SIMILAR TO WHAT WE JUST TALKED ABOUT IN THE TOBACCO SHOPS, WHERE THEY WERE, THEY'LL BE PERMITTED IN INDUSTRIAL DISTRICT IF THEY MEET CERTAIN CONDITIONS. THAT'S WHAT STAFF IS, UM, RECOMMENDING WITH THIS ALCOHOL AMENDMENT. SO I'M GOING TO, UM, JUMP TO THE VERY END AND THEN GO BACK. SO PREVIOUSLY, ALL OF THEM, THE RED CS WERE SS SPECIFIC USE PERMITS. SO ALL OF THOSE USES WOULD REQUIRE THE PUBLIC HEARING AND TO GO THROUGH P AND Z AND CITY COUNCIL. SO THE ONES THAT ARE LISTED UP THERE THAT HAVE A CONDITIONAL USE PERMIT, THEY WILL BE PERMITTED IF THEY MEET THE SEPARATION REQUIREMENTS. UM, AND THAT THE PERCENTAGE OF ALCOHOL SALES RELATION TO, YOU KNOW, SAY FOOD AND BEVERAGE. SO IT, IT'S MAKING IT A LOT EASIER FOR A NUMBER, NUMBER OF USES. FOR EXAMPLE, A CONVENIENCE STORE, UM, A WINERY, A GROCERY STORE. THEY WOULDN'T HAVE TO GO THROUGH THE SUP PROCESS ANYMORE. THEY COULD JUST COME IN AND APPLY FOR A CONDITIONAL USE PERMIT THAT STAFF CAN REVIEW AND MAKE SURE THEY MEET THE DISTANCE SEPARATION REQUIREMENTS. AND THEN STAFF WOULD BE ABLE TO ISSUE, UM, THEIR, THEIR PERMIT FOR THEIR ALCOHOL BEVERAGE SALES. THE, THE ITEMS, THE USES THAT WOULD NOT HAVE THAT ABILITY ARE THE HIGHER VOLUME SALES, SUCH AS [00:55:01] A, A LIQUOR STORE, BAR TAVERN, OR EVEN A, A DISTILLERY, WHICH IS MORE OF A WHOLESALE TYPE USER. ALSO, WE'VE PROVIDED FOR, IF THERE IS A, SIMILAR TO YOUR FIRST, UM, DEVELOPMENT AGENDA ITEM THIS EVENING, THE SPECIFIC USE PERMIT FOR SEVEN 11, BECAUSE THEY, THEY DON'T MEET THE SEPARATION REQUIREMENT. IF THEY WERE APPLYING FOR THIS AFTER IT'S ANTICIPATED COUNSEL APPROVES THIS ORDINANCE, THEY WOULD STILL HAVE THE ABILITY TO GET A ALCOHOL BEVERAGE SALES AT THAT LOCATION. BUT IT WOULD REQUIRE THE VARIANCE AND IT WOULD REQUIRE THE SPECIFIC USE PERMIT. SO IF YOU DON'T MEET THE SEPARATION REQUIREMENTS, YOU WOULD HAVE TO APPLY FOR THE SUP, WHICH GIVES P AND C AS WELL AS CITY COUNCIL, AN OPPORTUNITY TO DECIDE IF THAT'S AN APPROPRIATE USE IN THAT PARTICULAR LOCATION. THE ORDINANCE BEFORE YOU HAS BEEN, UM, DRAFTED AND, UM, REVIEWED BY YOUR CITY ATTORNEY'S OFFICE WE'RE, WE WE'RE TRYING TO OUTLINE DIFFERENT SECTIONS TO MAKE THINGS A LOT EASIER AND SIMPLER SO FOLKS UNDERSTAND IF THEY FIT WITHIN, SAY, A CONVENIENCE STORE USE AND THEY MEET THE REQUIREMENTS, ALL THEY NEED IS A CONDITIONAL USE PERMIT. AND ONCE AGAIN, HERE'S THE CHART THAT OUTLINES THE PARTICULAR USES AND IN WHAT DISTRICT THEY HAVE A CUP OR WHAT, UH, DISTRICTS THEY HAVE AN SUP. AND THEN THE DEFINITIONS FOR ALL OF THESE USES ARE IN THE ORDINANCE BEFORE YOU, THE PLANNING AND ZONING COMMISSION RECOMMENDED THIS ITEM UNANIMOUSLY AT THEIR MEETING. AND, UM, STAFF RECOMMENDS APPROVAL AS, AS PRESENTED THIS EVENING, THE ORDINANCE BEFORE YOU. ANY COMMENTS OR QUESTIONS WHILE THE PUBLIC HEARING IS OPEN? NO, JUST TO, JUST FOR CLARITY. IT'S JUST, IT'S NOT MAKING IT EASIER FOR THESE TYPES OF BUSINESSES TO OPEN. THEY'RE STILL SUBJECT TO ALL THE SAME RESTRICTIONS. IT'S JUST THE PROCESS BY WHICH THEY'RE APPROVED. THEY DON'T HAVE TO COME IN AND RIGHT. AND THEY HAVE TO FOLLOW TABC AS WELL. MM-HMM . ANY PUBLIC INPUT. YEAH. OR THAT WILL CLOSE THE PUBLIC HEARING AT 6 57. MOVE TO APPROVE THE AMENDMENT TO SECTION SIX OF THE ZONING ORDINANCE FOR ALCOHOL BEVERAGE SALES. SECOND, UH, MOTION BY JEFF. SECOND BY MATT. ALL IN FAVOR PASSES FOUR TO ZERO. ITEM 27, UH, CONSIDERATION AND ACTION ON THE RESOLUTION AND GRANTING A PETITION REQUESTING ANNEX SECTION UNDER THE CORPORATE LIMITS OF THE CITY OF AUBREY BY AUBREY INDEPENDENT SCHOOL DISTRICT. UH, GENERALLY LOCATED SOUTH OF SPRING HILL ROAD AND EAST OF AUBREY HIGH SCHOOL, SETTING A PUBLIC HEARING FOR THE ANNEXATION. SO THE, THE HIGH SCHOOL, THEY'VE ACQUIRED A A COUPLE OF PIECES. UM, THEY ACTUALLY HAD A PIECE ON THE WEST SIDE OF THEIR PROPERTY, UM, THAT'S IN, IN THE CITY LIMITS. THEY'RE ANNEXING, THE PIECE THAT'S HIGHLIGHTED IN YELLOW. UM, NEXT MONTH YOU'LL SEE THEIR ANNEXATION AS WELL AS THEIR ZONING REZONING APPLICATION FOR THE PARCELS THAT ARE ON THE WEST SIDE OF THE, THE MAIN CAMPUS AS WELL AS THIS EAST SIDE. UM, THE, SO TONIGHT IS JUST THE RESOLUTION TO START THE ANNEXATION PROCESS. AND ONCE AGAIN, YOU'LL SEE THE ANNEXATION IN ZONING. NEXT MONTH. STAFF RECOMMENDS APPROVAL OF THE RESOLUTION. MOVE TO APPROVE THE RESOLUTION TO ANNEX THE AUBREY ISD PROPERTY, EXCUSE ME, SETTING A PUBLIC HEARING FOR JUNE 26TH AT 6:00 PM AT THE CITY COUNCIL CHAMBER'S 2 26 COUNTRYSIDE DRIVE. SECOND MOTION BY CHUCK. SECOND, MY JEFF. ALL IN FAVOR PASSES FORWARD TO ZERO ITEM 28 CONSIDERATION AND ACTION ON THE ORDINANCE AMENDING ARTICLE 6.04, GARBAGE, TRASH, AND RUBBISH OF CHAPTER SIX, HEALTH AND SANITATION OF CO, OF THE CODE OF ORDINANCES BY ADOPTING DEFINITIONS AND AMENDING REGULATIONS FOR OPEN STORAGE. UH, GOOD EVENING MAYOR AND, UH, CITY COUNCIL MEMBERS. SO LAST MONTH WE HAD TABLED, UH, THE OPEN STORAGE ORDINANCE. UM, IT WAS REQUESTED THAT WE GET, UH, SOME LANGUAGE IN THERE THAT REVISED IT TO ALLOW FOR TEMPORARY STORAGE OF ITEMS. UH, THE WORDING THAT WAS ADDED TO THE END OF THE ORDINANCE WAS THAT, UM, WITHOUT HAVING THE OPEN STORAGE OR THAT IT WOULD BE ALLOWED FOR THE OPEN STORAGE TO BE ON THE PROPERTY AS LONG IT WAS, AS LONG AS IT WAS BEHIND THE MAIN BUILDING, UH, UM, ON THE PROPERTY. SO IF IT WAS A VACANT LOT, OPEN STORAGE WOULD NOT BE ALLOWED. OBVIOUSLY, THERE'S NO MAIN STRUCTURE THERE. SO THE HOME WOULD BE THE MAIN STRUCTURE. [01:00:01] OPEN STORAGE WOULD BE ALLOWED BEHIND THE MAIN STRUCTURE. SO THAT WOULD PROHIBIT IT FROM IN FRONT AND THE SIDE YARDS. SO ANYWHERE BEHIND THE BUILD LINE ON THE BACK. THE BACK, YES, SIR. OKAY. BUT IT WOULDN'T, BUT IT WOULDN'T HAVE TO BE DIRECTLY BEHIND THE, THE MAIN STRUCTURE, RIGHT? WOULDN'T HAVE TO BE DIRECTLY BEHIND IT. NO. SO AS LONG AS IT WAS BEHIND THAT LINE, IT COULD BE ON THE SIDE, BUT BEHIND THE MAIN STRUCTURE. YES. OKAY. UM, ALSO THERE IS A, A SECTION THAT DOES STATE AS LONG AS IT DOES NOT CONSTITUTE A PUBLIC NUISANCE OR A HEALTH AND SAFETY HAZARD. OKAY. OKAY. UM, MR. CHAIR, UM, WILLIAM CHERRY, 400 SOUTH MAIN STREET OPRY. AND, UM, I HAD SPOKEN AGAINST THIS, UM, AT THE LAST MEETING, AND, UM, I WANT TO THANK YOU ALL FOR TAKING MY COMMENTS INTO ACCOUNT. I THINK THIS VERSION IS MUCH BETTER AND, UM, I'M NOT AS OPPOSED TO IT, I WOULD, I WOULD'VE PREFERRED THAT WE ALSO INCLUDED THE SIDE YARD, BUT THEN JUST IN MY COMMENTS LAST MONTH, WERE THAT IN NEIGHBORHOODS LIKE THIS ONE, WHICH HAVE BIG GARAGES AND TEND TO HAVE PRIVACY FENCES, IT'S RELATIVELY EASY TO COMPLY WITH THE ORDINANCE. IN OLDER NEIGHBORHOODS LIKE MINE, WHERE THERE DON'T TEND TO BE PRIVACY FENCES OR GARAGES, IT'S MORE OF A BURDEN. UM, IN, IN MY CASE, IF I HAD PART OF THE SIDE YARD, I, RIGHT NOW I HAVE MOST OF MY STUFF COMPLYING WITH THE WAY THIS ONE'S WRITTEN, BUT THE LOT DIVISIONS ON MY LOT ARE KIND OF FUNNY FOR HISTORICAL REASONS. SO I ACTUALLY HAVE MORE SPACE IN MY SIDE YARD AND I CAN HIDE THINGS BETTER FROM THE NEIGHBORS IN MY SIDE YARD THAT I CAN DIRECTLY BEHIND MY, UH, HOUSE. AND THEN THERE'S OTHER HOUSES IN MY NEIGHBORHOOD WHERE, FOR EXAMPLE, THEIR DRIVEWAY, THE END OF THEIR DRIVEWAY IS IN THE SIDE YARD. AND SO THAT SEEMS LIKE A NATURAL STORAGE. SO IF I WERE WRITING THAT RED LANGUAGE, I WOULD'VE JUST EXCLUDED IT FROM THE FRONT YARD LIKE WE TALKED ABOUT, UH, LAST, LAST MONTH. BUT LIKE I SAID, I THINK THIS IS A BIG IMPROVEMENT OVER, OVER THE TEXT THAT WE HAD LAST MONTH. AND I'M NOT BAD OPPOSED TO IT, BUT I, I, I STILL THINK IT'S GONNA, THERE'S GONNA BE PEOPLE THAT ARE GONNA BE GETTING PHONE CALLS FROM THE CITY IF WE WRITE IT LIKE THIS. ALL RIGHT. THANK YOU. THANK YOU FOR COMING IN MR. CHERRY LAST MONTH AND THIS, THIS MONTH. WE APPRECIATE IT. THANK YOU, MAYOR. I MOVE TO APPROVE THE ORDINANCES PRESENTED. I'LL SECOND THANK MY JEFFS SECOND. MY MIC ALL IN FAVOR? ALL AGAINST TWO TO TWO. I'LL BREAK THE TIE WITH A IN FAVORS. I'LL PASS THREE TO TWO. NO, Y'ALL SETTING THE RECORD THIS MONTH. , I THINK MORE THAN THREE YEARS. WHAT, UH, ITEM 29, CONSIDER AND APPROVE THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE AUBREY MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING AND DEVELOPMENT PROJECT, THE EXPENDITURE OF FUNDS ON HAND TO COMPLETE THE DEVELOPMENT PROJECT. GOOD EVENING, MAYOR COUNSEL. I'M HAPPY TO BE HERE TO, UM, REQUEST THIS ITEM. WE HAVE, UM, ON MAY 13TH, THE OPRY MUNICIPAL DEVELOPMENT DISTRICT BOARD OF DIRECTORS MET AND APPROVED A RESOLUTION TO UNDERTAKE A DEVELOPMENT AND PURCHASE REAL PROPERTY WITH IMPROVEMENTS AT 4 0 7 SOUTH MAIN STREET TO PROMOTE AND DEVELOP NEW AND EXPANDED BUSINESS ENTERPRISES IN THE CITY. THE DEVELOPMENT PROJECT IS AN AUTHORIZED PROJECT UNDER SECTION 5 0 5 0.158, TEXAS LOCAL GOVERNMENT CODE. AND THE DISTRICT INTENDS TO USE FUNDS ON HAND TO COMPLETE THE PURCHASE OF THE PROJECT IN ACCORDANCE WITH THAT CERTAIN ONE TO FOUR FAMILY RESIDENTIAL CONTRACT EXECUTED APRIL 16TH, 2025, AND WHICH WAS PREVIOUSLY PRESENTED TO THE BOARD FOR A PURCHASE OF $350,000. SO WE WILL PLAN TO USE, UM, AS I MENTIONED, FUNDS ON HAND AND, UM, COVERING THAT PURCHASE. SO IF YOU HAVE ANY QUESTIONS, THERE IS A RESOLUTION THAT WAS ATTACHED IN YOUR STAFF REPORT, WHICH WAS THE RESOLUTION. THE MDD PASSED MOVE TO APPROVE THE RESOLUTION AUTHORIZING A DEVELOPMENT PROJECT AND THE EXPENDITURE OF FUNDS ON HAND TO COMPLETE THE DEVELOPMENT PROJECT AND OTHER MATTERS RELATED TO THE PROJECT. I'LL SECOND QUESTION BY JEFF. SECOND BY MATT. ALL IN FAVOR PASSES FOUR TO ZERO. THANK YOU VERY MUCH. ITEM 30, CONSIDERATION AND ACTION ON AN ORDINANCE AMENDING ORDINANCE NUMBER 8 72 DASH 24, THE ORDINANCE ADOPTING THE FISCAL YEAR 20 24, 20 25 BUDGET FOR THE AUBREY MUNICIPAL DEVELOPMENT DISTRICT. MAYOR COUNSEL. THIS IS THE BUDGET ORDINANCE. UM, AS CHRISTINE MENTIONED, THE PROJECT IS FUNDED, BUT WE DO NEED TO ADD IT TO THE BUDGET. SO THIS, UM, THIS ORDINANCE MAKES THAT AMENDMENT BY ADDING $350,000 [01:05:03] TO THE MDD BUDGET. MOVE TO APPROVE THE ORDINANCE, AMENDING THE MDD BUDGET FOR 2024. 2025. SECOND. WHERE'S MY CHUCK? SECOND, MY JEFF ON FAVOR PASSES FORWARD TO 0 31 CONSIDERATION ACTION ON A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION SERIES 2025. UH, MAYOR AND COUNCIL. LAST MEETING, UH, ON MAY 13TH, WE, UH, RECEIVED A PRESENTATION FROM THE CITY'S FINANCIAL ADVISOR. AND AT THAT TIME, UH, WE DECIDED TO MOVE FORWARD. THE COUNCIL DECIDED TO MOVE FORWARD WITH THE RESOLUTION. UH, THIS ITEM IS THAT RESOLUTION FOR THE, UH, NOTICE OF INTENT TO ISSUE THEIR CERTIFICATES OF OBLIGATION SERIES 2025. RECALL THAT THESE ARE TAX EXEMPT BOND OBLIGATIONS NOT TO EXCEED $71.5 MILLION. UM, PRICING AND COUNCIL APPROVAL BE SCHEDULED FOR JULY 24TH, 2025, AND CLOSING AND DELIVERY OF FUNDS TO THE CITY ON AUGUST 20TH, 2025, THE PRESENTATION THAT, UH, OUR FINANCIAL ADVISOR MADE ON THE 13TH, I CONFIRMED THAT, UH, THE, THE NUMBERS HAD NOT CHANGED. SO THE, UH, WHAT YOU'RE APPROVING TODAY IS WHAT WE LOOKED AT AT THE LAST MEETING. MOVE TO APPROVE A RESOLUTION AUTHORIZING THE PUBLICATION AND NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION. SECOND, MY CHUCK, SECOND, MY JEFF ALL IN FAVOR, PASSES FORWARD TO 0 32 CONSIDERATION ACTS ON APPROVING AN ORDINANCE AMENDING THE FISCAL YEAR 20 24 25, 20 25. BUDGET. SO, UH, THIS, UH, ITEM IS THE, UH, RECALL THAT WE SPOKE ABOUT A TANKER TRUCK FOR THE FIRE DEPARTMENT AT OUR LAST MEETING. UH, WE WERE, UH, APPROVED TO MOVE FORWARD WITH THAT. THIS ITEM, UH, IS AN ORDINANCE AMENDING THE BUDGET TO REFLECT THE COST OF IT $450,000 IN THE, UH, IN THE BUDGET. WE WILL RECALL THAT THE, UH, THE FUNDS FOR THIS WILL BE REIMBURSED BY THE 2025 SERIES 2025 OBLIGATION THAT WE JUST APPROVED THE NOTICE FOR MOVE TO APPROVE THE ORDINANCE AMENDING FISCAL YEAR 20 24, 20 25. BUDGET BY JEFF, SECOND BY MATT. ON FAVOR PASS FOUR TO 0 33 CONSIDERATION ON ACTION ON ORDINANCE AMENDING CHAPTER ONE, GENERAL PROVISIONS, ARTICLE 10, PARKS AND RECREATION OF THE CODE OF ORDINANCES BY AMENDING DIVISION THREE, PROVIDING PARK AND COMMUNITY CENTER RULES FOR USERS OF CITY PARKS AND FACILITIES. UH, GOOD EVENING, MAYOR AND COUNCIL. UH, SO THIS IS AN AMENDMENT TO THE, UH, PARK RULES, UH, TO ENSURE THAT THERE'S COMPREHENSIVE COVERAGE OF ALL EXISTING AND FUTURE PARKS AND FACILITIES. UH, WE HAVE REMOVED A LITTLE BIT OF OUTDATED LANGUAGE AND INCORPORATES, UH, ADDITIONAL RULES TO BETTER ADDRESS ANY, UH, NEEDS WE MAY HAVE AT THE PARKS. UM, SO SOME KEY CHANGES THAT YOU MIGHT HAVE NOTICED IS WE NOW HAVE ESTABLISHED PARK HOURS FROM 5:00 AM TO 10:00 PM UH, AND THEN WE'VE ADDED A FEW OTHER ITEMS AND FEW OTHER RULES AND, UM, REGARDING BASKETBALL COURTS AND PICKLEBALL COURTS. SO I'M AVAILABLE FOR QUESTIONS. ANY QUESTIONS MOVE TO APPROVE THE ORDINANCES PRESENTED. SECOND QUESTION ABOUT JEFF. SECOND, MY MIKE. ALL IN FAVOR. PASS FORWARD TO ZERO. Y'ALL MAKE THE MOTION YOU WOULDN'T HAVE TO FIGHT OVER THE SECOND . YOU WEREN'T SO QUICK WITH THE MOTION. 34 CONSIDERATION ON ACTION ON ORDINANCE AMENDING ARTICLE FOUR POINT 10, SPECIAL EVENT PERMIT OF CHAPTER FOUR. UH, BUSINESS REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING REGULATIONS AND PROCEDURES FOR ISSUANCE OF PERMITS FOR SPECIAL EVENTS, AND FOR CONDUCTING SPECIAL EVENTS WITHIN THE CITY. UH, SO ON THIS ONE, WE JUST UPDATED THE ORDINANCE TO, UH, CLARIFY SOME OF THE LANGUAGE AS WELL AS STREAMLINE THE APPLICATION AND APPROVAL PROCESS FOR SPECIAL EVENTS, UM, APPLICATIONS. UM, KEY EXAMPLE OR KEY CHANGES IN THIS ORDINANCE IS TAKING OUT CITY MAN OR CITY ADMINISTRATOR AND PUTTING IN CITY MANAGER, DEFINING THAT. UM, AND THEN THE OTHER CHANGE WOULD BE THE ACTUAL APPLICATION PROCESS AND THE APPROVAL PROCESS, UM, TO STREAMLINE THAT GOING FORWARD. [01:10:01] WE HAVE REMOVED, UH, TAKING MAJOR, UH, SPECIAL EVENTS TO CITY COUNCIL AND APPROVING THAT WITHIN STAFF. SO IT WOULD BE REVIEWED BY OUR SPECIAL EVENTS COORDINATOR, PUBLIC WORKS DIRECTOR, POLICE AND FIRE, AND CITY SECRETARY. UM, BASED OFF OF THE RECOMMENDATIONS, MOTION TO APPROVE THE ORDINANCE AS PRESENTED, MY TAKING MY JEFF ALL IN FAVOR, PASS FORWARD TO 0 35. RECEIVE A PRESENTATION SUMMARIZING THE RATINGS OF THE SUBMISSIONS FOR ARCHITECTURAL SERVICES FOR FUTURE MUNICIPAL BUILDINGS. SUBMITTED IN RESPONSE TO THE CITY'S REQUEST FOR QUALIFICATIONS. AND CONSIDER AND TAKE ACTION TO APPROVE THE SELECTION OF PARK HILL AS THE ARCHITECTURAL FIRM TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE PLANNING NEEDS, ASSESSMENT AND CONCEPT DEVELOPMENT AND COST ESTIMATION FOR A FUTURE MUNICIPAL BUILDING. GOOD EVENING, MAYOR AND COUNCIL. UH, THE CITY HAS RECEIVED 17 SUBMISSIONS FOR THE ARCHITECTURAL FIRMS. IN RESPONSE TO OUR REQUEST FOR QUALIFICATIONS, ALL SUBMISSIONS WERE REVIEWED AND EVALUATED BASED ON THE SELECTION CRITERIA PUBLISHED IN THE RFQ. THE SELECTION PROCESS WAS HIGHLY COMPETITIVE FOR THE SCORING. UH, THE SELECTION COMMITTEE, WHICH CONSISTED OF MYSELF, CHIEF BROOKS AND CHIEF SLAUGHTER, DETERMINED THREE FIRMS FOR SITE VISITS TO EVALUATE THEIR RECENT DESIGNS. THE THREE FIRMS THAT WERE SELECTED WERE PARK HILL, BRW, AND BSW. WHILE ALL THREE FIRMS WERE, UH, ABLE TO DEMONSTRATE THEIR QUALIFICATIONS AND CAPABILITIES, PARK HILL STOOD OUT AS A SUPERIOR. UM, THEY WERE ABLE TO DEMONSTRATE THEY ALIGNED WITH THE CITY'S OBJECTIVES, UH, MULTIPLE DISCIPLINARY STRENGTHS AND DATA-DRIVEN PLANNING METHODOLOGY. ALSO, YOU CAN SEE FROM THE HANDOUT, UH, THAT PARK HILL DID SCORE THE HIGHEST AT 97%. THE STAFF IS RECOMMENDING THAT PARK HILL SELECTED AS THE MOST QUALIFIED FIRM TO PROVIDE PROFESSIONAL SERVICES RELATED TO PLANNING NEEDS, ASSESSMENT, CONCEPT DEVELOPMENT, AND COST ESTIMATES FOR THE FUTURE, FUTURE MUNICIPAL BUILDING. I'D BE HAPPY TO ANSWER ANY QUESTIONS. WE ALSO HAVE A REPRESENTATIVE, UM, FROM PARK HILL AVAILABLE IF YOU'D LIKE TO SPEAK WITH HIM. MAYOR, I MOVE TO SELECT PARK HILL FOR ARCHITECTURAL SERVICES AND AUTHORIZED CITY MAJOR TO NEGOTIATE AND EXECUTE A CONTRACT. SECOND MOTION BY JEFF. SECOND, MY CHUCK. ALL IN FAVOR PASSES FOUR TO ZERO ITEM 36. 36, CONSIDERATION AND ACTION ON A RESOLUTION. NOMINATING A CANDIDATE FOR THE DENKO AREA 9 1 1. DISTRICT BOARD OF MANAGERS. UM, NORMALLY WE HAVE SUE, UH, BUT SHE'S NOT EXPRESSING DESIRE TO RUN AGAIN, BUT SHE HASN'T EXPRESSED THE DESIRE TO NOT RUN EITHER. SO , I'M MOVE TO TAKE NO ACTION. DID THEY JUST NOT CHANGE IT SUE'S HERE. SHE WANT HER TO RUN AGAIN. THE STAFF REPORT SAYS SHE DOES WANT TO RUN AGAIN. HAS SHE SAID THAT? SECOND. STAND BY MY MOTION. . MOTION BY JEFF SECOND BY MATT FOR NO ACTION. ALL IN FAVOR AS FOUR TO ZERO, UH, 37. CONSIDERATION ON ACTION ON REMOVING AND OR APPOINTING MEMBERS OF THE AUBREY AREA LIBRARY ADVISORY BOARD. WE HAD ANY QUESTIONS FOR ANYTHING? WE HAD AN APPLICANT APPLY. UH, BRITTANY'S HERE IF YOU WANT. ASK HER ANY QUESTIONS ABOUT IT? NOT REALLY. I MOVED TO APPOINT YULIA ALARCON, AND I'M SORRY IF I BUTCHERED THAT TO THE LIBRARY BOARD. SECOND MOTION BY JEFF. SECOND BY MIKE. ALL THE FAVOR PASSES. FOUR TO ZERO DEPARTMENT [Department Updates and Discussion] UPDATES. MIKE, I THINK YOU MIGHT GET THUNDER. I'LL, I'LL SLOW DOWN. , I DON'T WANT YOU TO LOSE. GOOD EVENING MAYOR. MEMBERS OF COUNCIL HAVE TWO UPDATES TONIGHT. UH, THE FIRST IS, UH, AN UPDATE AND PRESENTATION ON A HIGH SCHOOL, UH, FIRE ACADEMY PROGRAM THAT WE'RE LAUNCHING WITH AUBREY ISD. UH, WE'VE BEEN TALKING WITH THEM FOR, I GUESS THIS ENTIRE SCHOOL YEAR AND WORKING WITH DR. LEE TO START A CTE PROGRAM, UH, WHEREIN WE WOULD TEACH A FIRE ACADEMY, UH, CLASS DURING THE JUNIOR AND SENIOR YEAR OF, UH, HIGH SCHOOL STUDENTS', UH, TENURE. UH, SO THEY WOULD TAKE FIREFIGHTER ONE AND HAZMAT AWARENESS IN YEAR ONE, THEIR JUNIOR YEAR FIREFIGHTER TWO, AND HAZMAT OPERATIONS [01:15:01] THEIR SENIOR YEAR. AND THEN WHEN THEY GRADUATE, THEY'D BE ELIGIBLE TO SIT FOR THE STATE EXAM. UH, WE BELIEVE WE'VE GOT, UH, MOST OF THE HURDLES, UH, CROSSED AND WE'RE READY TO START THE PROGRAM THIS NEXT SCHOOL YEAR. UH, DR. LEE, UH, KIND OF PUSHED THE NEEDLE FORWARD INSIDE THE DISTRICT AND THERE'S OVER 20 STUDENTS THAT HAVE SIGNED UP FOR THE CLASS NEXT YEAR, UH, WHICH WILL JUST BE A SINGLE CLASS THE FIRST YEAR, AND THEN TWO CLASSES IN YEAR TWO. AND EACH SUBSEQUENT YEAR AFTER THAT, UH, WE DO PLAN TO HAVE A EMT PROGRAM THAT'LL RUN SIMULTANEOUS WITH THE YEAR TWO PROGRAM. MUCH MORE COMPLICATED ON THE EMS SIDE OF THINGS THAN ON THE FIRE SIDE'S. PRETTY STRAIGHTFORWARD. UH, BUT WE ARE EXCITED TO PARTNER WITH THAT GROUP. UM, I WAS WORRIED ABOUT THE, THE INTEREST AND IF THERE'D BE ENOUGH PEOPLE TO SUSTAIN IT. AND, UH, WE'D EVEN TALKED TO A COUPLE OF OTHER NEIGHBORING DISTRICTS AND THEN THEY KIND OF HAD TO QUICKLY PULL THAT BACK IN BECAUSE THERE WASN'T GONNA BE ENOUGH ROOM FOR 'EM. SO, UH, PRETTY EXCITING. UH, INSIDE THE DEPARTMENT, THERE'S A LOT OF INTEREST. WE'VE GOT OVER A DOZEN, UH, MEMBERS THAT ARE VERY EAGER TO TEACH. I THINK THE TROUBLE'S GONNA BE, YOU KNOW, GIVING 'EM ENOUGH DAYS TO, FOR THEM TO ALL HAVE. I ALWAYS WORRIED WE WOULDN'T HAVE ENOUGH INTEREST. SO, VERY INTERESTED. UH, AND WE'RE VERY EXCITED TO, UH, PARTNER. UH, I TOLD ALL THE FAMILIES THAT, UH, YOU KNOW, WE'RE NOT INNOCENT IN THIS. WE'RE VERY ACTIVELY TRYING TO RECRUIT THESE KIDS AND BRING THEM IN SO THAT, UH, WE KNOW THAT THERE'S NO BETTER PERSON TO PROTECT THE COMMUNITY THAN SOME THAT LIVES IN THE COMMUNITY. SO, UH, WE'RE LOOKING TO HARVEST SOME, SOME YOUNG MEN AND WOMEN INTO THE DEPARTMENT FROM THE SCHOOL. UH, WE'LL WATCH 'EM OVER TWO YEARS. SO WE'LL KNOW KIND OF THEIR CORE TRAITS AND, AND WHO THE BEST FITS ARE GONNA BE. UH, AND, AND THEN THE OTHERS PREPARE THEM FOR A CAREER IN THE FIRE SERVICE AS WELL. SO, WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT THE PROGRAM OR, UH, INVOLVEMENT. I THINK IT'S AWESOME, ELLIE. IT'S GOOD STUFF. ISN'T I DONE THIS FIVE YEARS AGO WHEN MY SON WAS ? UH, THEN, UH, NEXT, UH, CONSTRUCTION UPDATES FOR FIRE STATION THREE AND FIRE STATION TWO. UH, FIRE STATION THREE IS INCHING ALONG. UH, WE DID THE, UH, PUNCH WALK TODAY, UH, AND GOT THE ROLLS OF BLUE TAPE AND MARKED EVERYTHING UP. UH, THE HIGH HURDLES TO CROSS AT THE MOMENT ARE, WE'RE CHANGING THE FLOORING OUT I THINK I MENTIONED THAT LAST MEETING. UH, SO WE'RE SWITCHING FROM A, A STAINED, UH, CONCRETE LOOK INSIDE THE, UH, LIVING QUARTERS TO, UH, AN EPOXY UH, FLOORING. AND SO THEY'RE SUPPOSED TO START THAT PROCESS NEXT WEEK. UH, COMPLETE THAT BY THE 6TH OF JUNE. UM, FINISH UP PUNCH LIST ITEMS AND THEN, UH, ALL THE REST OF THE MAKE READY GETTING THE FURNITURE INSTALLED AND, UH, EVERYTHING OUTFITTED. SO WE'RE GETTING CLOSE. UH, THE GATES ARE UP PRETTY MUCH EVERYTHING'S FUNCTIONAL AT THIS POINT, SO IF YOU HAVEN'T SWUNG BY AND YOU'D LIKE TO PLEASE REACH OUT TO CHIEF RYAN. WE CAN COME GIVE YOU A TOUR AND SHOW IT OFF A LITTLE BIT. AND IN STATION TWO ALSO MOVING ALONG, WE'VE HAD A FEW SETBACKS AGAIN WITH THE WEATHER JUST CONTINUES TO PLAGUE US UNTIL WE GET SOME MORE CONCRETE ON THE GROUND. UH, THEY ARE AT ABOUT 90% OF FINAL GRADE, SO THEY'VE, THEY'VE HAULED OFF A LOT OF THE EXCESS MATERIAL NOW AND THEY'VE GOT THE PARKING AREAS DOWN FAIRLY CLOSE TO GRADE. THE RETAINING WALLS A HUNDRED PERCENT COMPLETE. THE DECKING ON THE ROOF IS COMPLETE. UH, A LOT OF THE SECOND STORY, UH, FRAMING IS COMPLETE. UH, SO IT IS REALLY STARTING TO MOVE ALONG, UH, THE PAVILIONS THERE MINUS THE, UH, FIREPLACE. SO YOU CAN KIND OF SEE THE SHAPE AND WHERE, WHERE THINGS ARE GONNA GO NOW THAT THEY'VE GRADED THE, THE PARKING AREAS. UM, WE ANTICIPATE BEING ABLE TO MOVE INTO STATION THREE LATE JUNE, EARLY JULY. AND THEN, UH, STATION TWO'S SUPPOSED TO BE COMPLETE END OF SEPTEMBER. I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. STATION 3D KNOW WHEN WE'RE DOING ANY KIND OF CEREMONIAL OPENING OR I'VE BEEN CAUTIOUS TO SET THAT DATE AT THE MOMENT UNTIL WE, UNTIL SOME MORE PEOPLE HOLD UP TO THEIR WORD ON TIMING OF LOGISTICS. THE, THE FLOORING HAS REALLY KIND OF BEEN, IT STARTED OUT AS A FIVE WEEK OPTION AND NOW IT'S DOWN TO A TWO WEEK OPTION AND HOLIDAYS AND PROBABLY JULY. I'M, I'M THINKING EARLY JULY WOULD BE THE, THE BETTER FIT. WE STILL HAVE ARTWORK TO PUT IN AND UH, WE WANT IT TO BE COMPLETELY READY. OUR LADDER TRUCK IS INBOUND. UH, WE HAVE A, AN APP WHERE WE CAN SEE WHERE IT'S AT [01:20:01] ALL THE TIME. DON'T TELL ANY OF THE FIREMEN. , I THINK YOU JUST DID. YEAH, PROBABLY DID. UH, AND YESTERDAY IT WAS IN ILLINOIS, SO IT'S MAKING ITS WAY DOWN. IT SHOULD BE HERE, UH, PROBABLY TOMORROW. SO WE WANT IT TO BE READY TO BE AT THE STATION FOR THE EVENT. IT'S, IT'S CALLED AN UNCOUPLING CEREMONY. SO WE WILL, WE PLAN TO DO IT UPRIGHT AND INVITE A LOT OF PEOPLE. AND UH, WHEN WE WERE THERE TODAY, WE HAD RESIDENTS STOP AND, AND, AND EXPRESSING HOW EXCITED THEY ARE TO HAVE US IN THE NEIGHBORHOOD AND, UH, WE'RE READY TO GET IN THERE TOO. AWESOME. THANK YOU CHIEF. THANK YOU. PUBLIC WORKS MAYOR FROM COUNCIL. UM, I GUESS THE TWO BIG PROJECTS WE'RE GOING TO BE TALKED ABOUT FOR A WHILE IS THE WASTEWATER TREATMENT PLANT AND, UM, THEY HAVE MADE SEVERAL SMALL PORES, PUT CORNERS OF THE AERATION BED TOGETHER AND, AND A LOT OF STEEL IN THAT CONCRETE THICK AND, BUT TODAY THEY HAD IT ALL READY AND THEN IT RAINED AND EVERYTHING FELL OUT WITH WATER. BUT THEY POURED THE FOUNDATION, THE SLAB FOR THE OPERATIONS MAINTENANCE BUILDING. SO THAT'S 150 YARDS. IT WAS PRETTY GOOD SIZE. POUR, UM, THE ROCK HILL. WELL FINALLY THEY'RE DRILLING TODAY. THEY STARTED YESTERDAY AND HAD HYDRAULIC PROBLEMS SO THEY HAD TO BACK OUT AND GET SOME MECHANICS TO COME AND WORK. BUT AFTER GETTING THE FENCE IN AND THEY HAD TO FENCE IN THE HOLE AREA WITH THE TEMPORARY EASEMENT AND EVERYTHING TOO. SO THEY HAD WORKING SPACE AND WHEN THEY TRIMMED ALL THE TREES AND STUFF, WELL THEY NEEDED MORE SOUNDPROOFING FENCE 'CAUSE THE TREES WEREN'T THERE AND MUFFLED ANYTHING. SO THEY ADDED FENCE AND THEY GOT IT ALL GRADED, BROUGHT THE RIG IN, GOT IT SET UP. AND THEY ARE ACTUALLY THE DRILLING AND NOW THEY'RE GONNA DRILL 24 HOURS A DAY, SEVEN DAYS A WEEK UNTIL THEY GET TO THE DEPTH THEY'RE LOOKING FOR. AND THEN THIS HOLE, THEY CAN DO THE TESTING AND DETERMINE WHAT THE PERMANENT WELL WILL PRODUCE AND THEY BACK UP MORE TO THEIR STUFF AND THEN PUT THE BIG HOLE IN THE GROUND. SO THOSE ARE TWO BIGGEST ONES. THANKS. THANK YOU SIR. ANY, UH, ANY OTHER DEPARTMENTS HAVE ANY UPDATES? ANY FUTURE AGENDA REQUESTS? NO. WELL WITH THAT [EXECUTIVE SESSION] WE'LL GO TO EXECUTIVE SECTION, SECTION FIVE, FIVE ONES 0 7, 1, 1 AND TWO. CONSULTATION WITH ATTORNEY. UH, SECTION 5 5 1 0 7 2 REAL PROPERTY AND SECTION 5 5 1 0 8 7. ECONOMIC DEVELOPMENT NEGOTIATIONS FOR THE ITEMS LISTED ON THE POSTAL AGENDA. MOTION TO MOVE INTO EXECUTIVE SESSION MOTION. SECOND. MOTION BY JEFF A SECOND. MY MOUTH. ALL IN FAVOR, THAT WOULDN'T NO. UH, PASSES. FOUR ZERO. TIME IS 7 23. ALL. * 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.