* 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. [00:00:03] WE'LL CALL THE MEETING [Call to Order] TO ORDER AT 6:01 PM AND, UH, TAKE ROLL. TAKE ROLL. I'M HERE GENE BURKE. SAM GOSS. HERE. TODD CARTER. DON SMITH. SO IF YOU'LL STAND FOR THE IMPLICATION, THEN WE'LL DO THE PLEDGE OF ALLEGIANCE. PRAY. FIRST. DEAR LORD, WE THANK YOU FOR THIS EVENING, THE OPPORTUNITY OF, OF MEETING TOGETHER TO DISCUSS THE BUSINESS OF THE CITY. WE PRAY FOR YOUR GUIDANCE. WE PRAY FOR YOUR DIRECTION. I THIS BE ASKING IN YOUR SON'S NAME, THE PLEDGE TO AMERICAN PLA, STATES OF AMERICA, ONE NATION, LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ARE THERE ANY COMMUNITY ANNOUNCEMENTS? OKAY. ANY PERSON MAY ADDRESS THE BOARD. IF YOUR COMMENTS ARE CONCERNING AN AGENDA ITEM, YOU MAY WAIT UNTIL THE DISCUSSION ON THAT ITEM IF YOU PREFER. AND I BELIEVE I'VE BEEN TOLD THAT, UH, ERIN WOULD LIKE TO WAIT UNTIL THAT ITEM COMES UP. AND THAT'S THE ONLY ONE I HAVE SIGNED. [EXECUTIVE SESSION] NEXT ON OUR AGENDA, WE HAVE AN EXECUTIVE SESSION ACCORDING TO SECTION 5, 5, 1 0 7, 1, 1, AND TWO, CONSULTATION WITH ATTORNEY FOR THE ITEM LISTED ON THE POSTED AGENDA, I MOVE TO RECESS INTO EXECUTIVE SESSION. CAN YOU GO AHEAD AND READ THAT ENTIRE PARAGRAPH FOR THE RECORD ABOUT WHY WE'RE GOING INTO EXECUTIVE WHAT PARAGRAPH? I'M SORRY. IT'S ON THE OTHER PAGE. THE COUNSEL TO, TO SEEK THE ADVICE OF HIS ATTORNEY ABOUT PENDING OR CONTEMPLATING LITIGATION OR SETTLEMENT OFFER AND TO CONSULT WITH THE CITY ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENT BY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BOARD OF TEXAS, CLEARLY CONFLICTS WITH THE TEXAS OPEN MEETING ACT. THEY SHOULDN'T SIGN. THANK YOU. MOTION SECOND. NOT SECOND. MOTION. OKAY. SO AT 6 0 4 WE'LL GO INTO EVERYBODY AGREED TO GO INTO MM-HMM . RIGHT. OKAY. TURN OFF YOUR LEFT. [Reconvene into Open Session] OKAY. WE WILL RECONVENE INTO OPEN SESSION AT SIX 20. AND THE [New Business] ITEM FOR NEW BUSINESS IS TO HOLD A PUBLIC HEARING CONSIDERING AND ACT ON A REQUEST BY MICHAEL MOORE OF FLYING M INVESTMENT, LLC PROPERTY OWNER OF AN APPLICATION FOR A WAIVER TO CHAPTER 17 SIGN REGULATIONS. ARTICLE 1702 ADMINISTRATION SECTION 17 0 2 0 0 3. PROHIBITED SIGN OF THE CITY OF BURY CODE ORDINANCE TO ALLOW INSTALLATION OF A POLE SIGN ADVERTISING THE BUSINESS LOCATION AT 87 20 MASSEY ROAD. PAULA POINT, TEXAS, THE PROPERTY CONSISTS OF 22.8 ACRES LOCATED IN THE THOMAS CHAMBERS. SURVEY, ABSTRACT NUMBER 2 2 3, LEGALLY DESCRIBED AS LOT TWO BLOCK A FLYING IN ADDITION. AND THIS GENERALLY LOCATED [00:05:01] WEST OF US 3 77 AND SOUTH OF BLUE, LOW BLUE ROAD WITHIN THE CITY OF OR EXTRATERRITORIAL JURISDICTION, DENTON COUNTY, TEXAS, DENTON COUNTY PARCEL ID 7 6 4 9 2 6. LINE M INVESTMENT, LLC EVENING BOARD BOARD MEMBERS , SORRY ABOUT THAT. UM, THIS ITEM IS, UH, A WAIVER FROM SECTION 17.02. UM, 0.003 PROHIBITED SIGNS, UH, OF ARTICLE 17.02 OF CHAPTER 17 SIGNED REGULATIONS WITHIN THE AUBREY CODE OF ORDINANCES TO, UH, ALLOW A POLE SIGN AT 8 7 2 0 MASSEY ROAD. THE UH, PROPERTY IS CURRENTLY BEING OPERATED AS A, UH, BOAT, RV, UH, STORAGE FACILITY, UH, AND IS LOCATED WEST OF US 3 7 7 AND SOUTH OF KEER ROAD. THE APPLICANT IS PROPOSING AN ILLUMINATED POLE SIGN THAT IS 20.2 FEET WIDE, 11 FEET TALL, UH, WITH AN AREA OF 222 SQUARE FEET, UH, AND IS MOUNTED ON A POLE THAT IS APPROXIMATELY 19 FEET HIGH. UM, SO TOTAL HEIGHT OF THE SIGN IS APPROXIMATELY 30 FEET. THE POLE SIGN IS SET BACK APPROXIMATELY 25 FEET FROM THE NORTH PROPERTY BOUNDARY AND 75 FEET FROM THE EAST PROPERTY. BOUNDARY POLE SIGNS ARE EXPRESSLY PROHIBITED WITHIN SECTION 17.0 2.003 PROHIBITED SIGNS. THE APPLICANT IS REQUESTING A WAIVER FROM THIS PROHIBITION STATING THAT THE ELEVATED RAILROAD RIGHT AWAY WITH A PROTECTED TREE LINE PREVENTS OTHER SIGN TYPES FROM PROVIDING SUFFICIENT VISIBILITY, UH, ESPECIALLY, UH, UH, FROM US 3 77. THE LOCATION OF THE PROPERTY ADJACENT TO ELEVATED RAILROAD RIGHT AWAY IS, UM, A CONSTRAINT THAT'S NOT UNIQUE TO THIS PROPERTY. UH, THERE ARE OTHER SIMILAR PROPERTIES WITH SIMILAR CONSTRAINT. UH, THE SIGN PLANS PROVIDED BY THE APPLICANT ALSO DO NOT SHOW ANY TREES OBSTRUCTING THE VIEW OF OF WHERE THE SIGNS PROPOSED TO BE LOCATED. THE AUBREY SIGNED REGULATIONS, UH, PROHIBITION ON POLE SIGNS PROVIDES AN EXPRESSED POLICY DETERMINATION THAT POLE SIGNS ARE NOT IN THE PUBLIC INTEREST BECAUSE PROVISION IS EXPRESSLY STATED AND APPLIES TO ALL SITUATIONS. UH, AND IT IS NOT A DIMENSIONAL, UH, LIMIT. THIS WAIVER DOES NOT SEEK RELIEF FROM A QUANTITATIVE STANDARD. IT SEEK RELIEF FROM, UM, A, UH, PROHIBITION, UH, TO ALLOW A POLL SIGN WHICH IS PERMITTED, WHICH IS PROHIBITED. UH, GRANTING A WAIVER TO ALLOW A PROHIBITED SIGN WOULD BE CONTRARY TO THE CITY'S POLICY DETERMINATION AND THE SPIRIT OF THE ZONING, UH, OF THE SIGN ORDINANCE. THE PROHIBITION REPRESENTS COUNCIL'S JUDGMENT THAT POLL SIGNS ARE INCONSISTENT WITH COMMUNITY AESTHETIC TRAFFIC SAFETY, AND LAND USE COMPATIBILITY GOALS, AND THEREFORE ARE INCOMPATIBLE, UH, WITH THE COMMUNITY CHARACTER. THESE ARE THE LEGAL FACTORS, UH, FOR CONSIDERATION WHILE MAKING A DETERMINATION, UH, REGARDING A WAIVER, UH, FOR A POLE SIGN, UH, WHICH ARE THAT SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST, WHICH ARE UNIQUE TO THE LAND STRUCTURE OR BUILDING INVOLVED, AND ARE NOT APPLICABLE TO OTHER LAND STRUCTURES OR BUILDINGS IN THE VICINITY. THAT LITERAL INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE VICINITY UNDER THE TERMS OF THIS SECTION THAT SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT RESOLVE FROM ACTIONS OF THE APPLICANT. GRANTING THE WAIVER WILL MEET THE OBJECTIVES OF THIS SECTION AND NOT BE INJURIOUS TO THE ADJOINING PROPERTY OWNERS OR DETRIMENTAL TO THE PUBLIC WELFARE GRANTING. THE WAIVER WILL BE IN HARMONY WITH SPIRIT AND PURPOSE OF THIS CHAPTER, THE ZONING ORDINANCE AND COMPREHENSIVE PLAN OF THE CITY. UH, WE DID SEND OUT NOTIFICATIONS AND WE RECEIVED ONE LETTER IN SUPPORT AND LOAN, NO LETTERS IN OPPOSITION. UH, IT IS THE OPINION OF STAFF THAT THE REQUEST FOR A POLL SIGN AT 8 7 2 0 MASS ZERO DOES NOT MEET THE CRITERIA FOR GRANTING A WAIVER AND IS RECOMMENDED FOR DENIAL. AND I'M WILL, UH, I'M WILL FOR QUESTIONS. ANYONE HAVE ANY QUESTIONS? [00:10:03] SO WE'LL OPEN PUBLIC HEARING AT 6 26 AND WE HAVE, AND PLEASE WE'LL HAVE TO STEP UP THAT YOU AND MICROPHONE PLEASE SET YOUR HAND IN THERE. MY NAME IS AARON LEE PROCT. I LIVE AT 2113TH STREET, ARGYLE, TEXAS. UM, I DIDN'T HAVE ANYTHING DIGITAL. I'VE GOT SOME PAPER PHOTOS. AM I ALLOWED TO HAND THOSE UP? OH, YEAH. IS THERE SEPARATE COUPLES FOR EACH OR? I DIDN'T HAVE ONE FOR EACH. I JUST KIND OF DID A BULK THERE. I WASN'T SURE A HUNDRED PERCENT ON DIRECTION AND ALL THAT. I'M JUST A LITTLE OLD SCHOOL, SO I PRINTED THEM OUT. UM, THE PICTURES THAT I'M PROVIDING HERE ARE JUST SOME STUFF THAT AS I DRIVE DOWN 3 77, THE ONLY SECTION THAT, AND I'LL GET TO THIS IN THE, IN THE DEAL, BUT, UM, AS FAR AS THE PROPERTIES THAT ARE AROUND IT, THERE'S ONLY ONE PROPERTY SOUTH OF IT AND ONE PROPERTY NORTH OF IT BEFORE IT HITS THE PILOT POINT LINE THAT HAS THE EQUIVALENT ISSUES WITH THIS. UM, CURRENTLY NEITHER ONE OF THEM ARE OCCUPIED PROPERTIES FOR BUSINESSES. UM, I'M GONNA READ THROUGH THIS SECTION HERE. AGAIN, I TRY TO BE A LITTLE BIT MORE, TRY TO BE ON PAR KIND THE SAME WAY HE WAS WITH THE LITTLE STRUCTURE THERE. BUT, UM, MY INTENT TO PROVIDE MY CLIENT WITH ADEQUATE SIGNAGE FOR A PARTICULAR LOCATION WHILE UPHOLDING THE INTENT AND REASON FOR THE AUBREY SIGN CODE. BUT WITH A WAIVER BASED ON SPECIAL CONDITIONS PER SECTION 17.0 2.08 WAIVERS AND APPEALS OF CHAPTER 17 SIGN REGULATIONS, THE FOLLOWING CRITERIA MUST BE MET. UM, FOR EACH ONE OF THESE, I'LL READ THE CRITERIA AND THEN I'LL KIND OF GIVE MY BOTTLE OF RETORT, WHATEVER THAT WOULD BE BEHIND IT. UM, WHEN GRANTING A WAIVER, ONE SPECIAL CONDITIONS EXIST, WHICH ARE UNIQUE TO THE LAND STRUCTURE OR BUILDING INVOLVED AND ARE NOT APPLICABLE TO OTHER LANDS BUILDING STRUCTURES IN THE SAME VICINITY. THE PROPERTY HAS 1,690 FEET, ONE THIRD OF A MILE OF FRONTAGE ON 3 77 FOR WHICH ONLY 256 FOOT OF IT WAS SHOWN IN THAT PICTURE IS DOES NOT HAVE DENSE, UH, DENSE PROTECTED TREE LINE. UM, AND THE ENTIRE PROPERTY HAS THE RAILROAD THAT RUNS ALONG, RUNS ALONG IT. UH, NUMBER TWO, THE STRICT INTERPRETATION OF THE PROVISIONS OF THE SECTION WOULD DEPRIVE THE APPLICANT OF THE RIGHTS COMMONLY ENJOYED BY THEIR PROPERTIES IN THE VICINITY. UNDER THE TERMS OF THE SECTION, THE RAILROAD TRACT AND PROTECTED TREE LINE DO NOT START TO AFFECT ANY AP ANY PROPERTIES UNTIL, UM, UNTIL ABOUT 1400 FOOT PRIOR TO THE PROPERTY. AND IT'S WHERE IF EVERYONE, I MEAN I THINK EVERYBODY KNOWS WHERE IT IS, BUT ON 3 77 WHERE DINNER IT SAYS RIGHT THERE AS IT COMES OVER THE HILL, THERE'S A BIG PILE OF ROCKS. IT'S ALWAYS KIND OF BEEN THERE FOR A RAILROAD TO USE. THAT'S WHERE THE RAILROAD TRACK ACTUALLY MEETS 3 77. AND JUST FROM THERE TO THE END OF THE END OF THE, UM, CITY LIMIT SIGN, THIS PROPERTY IS ONE THIRD OF THAT DISTANCE TO THAT, TO THAT RUN. UM, THE SPECIAL CONDITIONS. NUMBER THREE, THE SPECIAL CONDITIONS AND CIRCUMSTANCES NECESSITATING THE REQUEST FOR WAIVER DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT SUCH AS CONDITIONS AND CIRCUMSTANCES DO NOT MERELY CONSTITUTE PE PECUNIARY HARDSHIPS. I DID HAVE TO LOOK THAT ONE UP TODAY OR INCONVENIENCES. UH, THE PEARY HAS TO DO WITH, UH, FINANCIAL. SO THE WAY I'M INTERPRETING THAT AND UNDERSTANDING WAS THAT WE'RE NOT ASKING FOR THE REQUEST TO SAVE MONEY. AND WE'RE NOT SAYING OUR HARDSHIP IS THE FACT OF THE COST. IN FACT, WE'RE ACTUALLY GONNA BE SPENDING MORE MONEY ON THE POLE SIGN TO GET IT ABOVE THE TREES. UM, BUT AS FAR AS THE, THE, UM, THE HARDSHIP ON BEING BEING, UH, OH MY GOD, EXCUSE ME, RESULT FROM ACTIONS OF THE APPLICANT SUCH AS CONDITION AND CIRCUMSTANCES DO NOT MERELY CONSTITUTE, UH, THE ACTIONS OF THE APPLICANT. AS STATED, THE STAFF REPORT DOES NOT CONSTITUTE A SELF-CREATED HARDSHIP. AND WHEN THE PROPERTY WAS PURCHASED, THE POLE SIGN RESTRICTION WAS NOT IN EFFECT. SO AS I'M SAYING IS THAT'S NOT A HARDSHIP THEY PUT ON THEMSELVES. NUMBER FOUR, GRANTING THE WAIVER WILL MEET THE OBJECTIVES OF THE SECTION AND WILL NOT BE INJURIOUS TO THE ADJOINING PROPERTY OWNERS OR OTHERWISE DETRIMENTAL TO THE PUBLIC. WE WELFARE, WE RECEIVED NO OBJECTIONS FROM THE SURROUNDING NEIGHBORS OR THE PUBLIC. THE SIGN DESIGN FITS AND FILLS THE ATMOSPHERE OF THIS PORTION OF AUBREY WITH A CLEAN LOOK. THE SIGN IS BEING ENGINEERED BY A STATE LICENSED ENGINEER AND HAS A FIVE YEAR PARTS LABOR WARRANTY THAT INCLUDES ANNUAL SERVICE INSPECTION PLAN TO MAINTAIN ITS APPEARANCE AND SAFETY, AND THE SIGN CREATES NO TRAFFIC ISSUES. NUMBER FIVE, GRANTING THE WAIVER WILL BE IN HARMONY IN THE SPIRIT OF THE PURPOSE OF THIS CHAPTER. THE ZONING ORDINANCE AND COMPREHENSIVE PLAN OF THE CITY. THE FOLLOWING IS QUOTED FROM, FROM THE CITY ORDINANCE, FROM THE SIGN ORDINANCE TO MAKE SURE WE ARE UPHOLDING THE INTENT OF THE CODE. SO WHAT I DID WAS CAME INTO THE SIGN-INS ORDINANCE TO WHAT ITS INTENT AND ITS PURPOSE IS, UM, [00:15:01] SAFETY A TO, UH, CREATE A HAZARD DUE TO TO, UH, TO PROMOTE SAFETY, UH, PERSONS AND PROPERTY BY PROVIDING SIGNS THAT DO NOT A, CREATE A HAZARD DUE TO COLLAPSED FIRE, DECAY OR ABANDONMENT. AGAIN, THE SIGN COMES WITH A FIVE-YEAR WARRANTY, UH, AND ANNUAL SERVICE INSPECTION PLAN TO MAINTAIN ITS APPEARANCE AND SAFETY. MICHAEL MOORE'S PROPERTY IS OUTSTANDING SHAPE AND SHOWS A HISTORY OF PROPERTY MAINTENANCE. YOU WALK HIS PROPERTY, HE MAINTAINS HIS STUFF, HE'S NOT GONNA PUT IT IN DISARRAY. B, OBSTRUCT FIREFIGHTING OR POLICE OBSERVATION. THERE'S NO VISIBLE OBSTRUCTIONS WITH THE SIGN PLACEMENT AND IT'S 400 FOOT FROM THE NEAREST STRUCTURE. C CREATE TRAFFIC HAZARDS BY CONFUSING OR DISTRACTING PEDESTRIANS, MOTORISTS OR CYCLISTS. THE SIGN HAS NO FLASHING LIGHTS, NO BRIGHT DISTINCTIVE COLORS AND NO VISIBILITY. TRIANGLE OBSTRUCTIONS. NUMBER TWO, COMMUNICATION EFFICIENCIES TO ENHANCE THE ECONOMY, THE BUSINESS, THE INDUSTRY OF THE CITY BY PROMOTING REASONABLE, ORDERLY AND EFFECTIVE DISPLAY OF THE SIGNS AND THEREBY ENCOURAGE CLEAR COMMUNICATION WITH THE PUBLIC SO THAT A BUSINESSES AND SERVICES MAY IDENTIFY THEMSELVES. THE STORE MAIN OBJECTIVE. WE ARE IN A RURAL PORTION OF AUBREY, NOT IN THE DENSE PART OF THE CITY WHERE THE RESTRICTION HAS VALID MERIT. ALL BUSINESSES IN TOWN HAVE AN OPEN ROAD FRONTAGE WHERE THEY CAN TAKE ADVANTAGE OF BOTH BUILDING SIGNS AND MONUMENT SIGNS FOR MAXIMUM IDENTIFICATION. I DID PUT A COUPLE OF PICTURES IN THERE THAT SHOW AS YOU GO DOWN THE ROAD WHERE YOU CAN SEE THAT THEY HAVE A MONUMENT SIGN AND A BUILDING SIGN. THEY HAVE VERY CLEAR BRANDING. MOTORIST, PEDESTRIANS AND OTHER PERSONS MAY LO, SORRY, B MOTORIST, PEDESTRIANS AND OTHER PERSONS MAY LOCATE THE BUSINESS OR SERVICE. THE SIGNS ALLOW THIS SIGN ALLOWS TEXAS PREMIER STORAGE TO BE CLEARLY IDENTIFIED. PRIORITY IS GIVEN TO THE CONVEYANCE OF PUBLIC SAFETY MESSAGE. WE WOULD BE MORE THAN HAPPY TO OFFER SOME SORT OF PRO AUBREY TEXAS MESSAGE OR SAFETY MESSAGE. POSSIBLY A WELCOME TO AUBREY SIGN. IT IS VERY CLOSE TO THE STATE OF LIMIT SIGN. AGAIN, WE'RE WILLING TO OPEN THAT UP. MICHAEL MOORE IS VERY PRO AUBREY. HE'S ALL A A HUNDRED PERCENT IN, UM, THE RIGHT OF FREE SPEECH IS PRESERVED IN EXERCISE IN THIS SIGN. UH, IT IS AND WITHOUT ANY OFFENSIVE SUBJECT MATTER OR WORDS, IT'S NOTHING OFFENSIVE IN THE SIGN. NUMBER THREE, ENVIRONMENTAL PRESERVATION AND AESTHETICS TO PROTECT THE PUBLIC WELFARE, TO PRESERVE AND ENHANCE THE APPEARANCE, ECONOMIC VALUE OF THE BUILT ENVIRONMENT BY PROVIDING SIGNS THAT A PROTECT PRESERVE AND ENHANCE SCENIC VIEWS, NATURAL LANDSCAPES AND HISTORIC VALUES OF THE CITY. THIS SIGN BUILD WILL USE HIGH QUALITY MATERIAL AND HAVE A COHESIVE DESIGN WITH A MATTE FINISHED METAL, MUTED COLORS THAT ARE COMPATIBLE WITH THE SURROUNDING ENVIRONMENT. B, PROTECT, PRESERVE AND ENHANCE ECONOMIC VIABILITY OF THE CITY'S COMMERCIAL CORRIDORS BY ASSURING AESTHETIC APPEAL TO THE BUSINESS AND RESIDENTS ALIKE. THE IMPROVED IDENTIFY IDENTIFICATION WILL INCREASE CUSTOMER VISITS. OBVIOUSLY SALES TAX WHILE NOT BEING TACKY OR OFFENSIVE. C DO NOT CREATE VISUAL CLUTTER OR PERSONS USING THE PUBLIC RIGHT OF WAY. THE SIGN WILL BE CITED TO AVOID OBSTRUCTING SIGHT LINES AND WILL COMPLY WITH REQUIRED CLEARANCES FROM ALL RIGHT OF WAY AND UTILITIES. B, DO NOT CREATE NUISANCE TO OCCUPANTS OR CUSTOMERS OF ADJACENT PROPERTY BY SIZE, HEIGHT, BRIGHTNESS OR MATERIALS. THE SIGN BLOCKS, NO VIEWS IN ANY DIRECTION FOR ANY NEIGHBORS. AND WE ARE WILLING TO DO A FOOT CANDLE SURVEY OF BRIGHTNESS IS A CONCERN, BUT BASED ON MY EDUCATION AND TENURE IN THE INDUSTRY, THE SIGN IN NO WAY WILL ILLUMINATE ANY OTHER SECTION OF ANOTHER PROPERTY. A OR OR E ARE NOT DETRIMENTAL TO LAND PROPERTY VALUES. WE FOUND NO WAY THAT THIS LOWERS OR NEGATIVELY AFFECTS THE PROPERTY VALUES NOT PROTECT TO CLOSE. WE ARE REQUESTING A WAIVER BASED ON UNIQUE PROPERTY ATTRIBUTES WHERE THE BUILDING SIGNS AND MONUMENTS DO NOT HAVE EQUAL BUSINESS DISPLAY OPPORTUNITIES AS THEY WOULD IN TOWN WITH FOCUS ON PROTECTING THE PURPOSE AND INTENT FROM AUBREY SIGN CODE. WHEN I THANK CITY STAFF, CITY STAFF AND THE BOARD FOR TIME AND UNDERSTANDING, UM, I DID ALSO, I THINK I MENTIONED THIS, BUT I DID ALSO INCLUDE A MAP WHERE IT KINDA SHOWS THIS PROPERTY, CITY LIMITS AND THEN THE PROPERTY PRIOR TO IT. MM-HMM . THANK YOU. DOES ANYONE HAVE ANY QUESTIONS THAT THEY WANT TO ASK YOU? I THINK YOU PRESENTED IT REAL WELL. THANK YOU. I DEFINITELY PUT SOME WORK INTO IT. TRY IT . IT'S NOT SOMETHING I DO EVERY DAY, SO ANYONE ELSE HAVE ANYTHING TO SAY? SO WE'LL CLOSE THE PUBLIC HEARING AT 6 35 TO A RECOMMENDATION FROM THE BOARD. I, I MEAN, [00:20:01] MAKE A MOTION TO DENY THE REQUEST TO ALLOW A PULSE LINE AT 87 20 MASSEY ROAD. IS THERE A SECOND TO THAT MOTION? NO, SECOND. OKAY. MOTION. I GUESS THAT'S IT. CAN CAN CHAIRMAN WHAT DO A SECOND WE GO THE MOTION. SECOND. OKAY. I WILL, I SECOND DON'S MOTION. ALL THOSE IN FAVOR? RAISE YOUR, SO AB EXTENSIONS? YEAH. ABSTAINED FROM THE VOTE. MAY, MAY ABSTAIN, MAY NO. YEAH. NAY. OKAY, THANKS. UM, THE PUBLIC HEARING'S BEEN CLOSED BUT IT'S UP TO THE CHAIR IF THE CHAIR WANTS TO REOPEN ANY KIND OF, UM, ADDITIONAL TESTIMONY? UH, YES. I THINK SINCE WE'RE, WE'RE RE WHAT WAS YOUR WORDING? REOPEN OPEN THE PUBLIC HEARING. OKAY. SO OBVIOUSLY MY INTENT IS TO GET A SIGN THAT'S VIABLE FOR MY CLIENT. UM, WE CANNOT PUT ANY BUILDING SIGNS ON. YOU CANNOT SEE IT THROUGH THE TREES. THAT'S THE PICTURES I PROVIDED TO YOU. UM, WE CAN PUT A MONUMENT THERE. WE CAN, THE RAILROAD TRACK IS SIX FOOT TO LEVEL ABOVE. SO IT'S NOT 50 FOOT OR ANYTHING LIKE THAT, BUT IT IS SIX FOOT WHEN YOU'RE ON THE ROAD BED. IT ACTUALLY ACTS AS LIKE 12 FOOT FROM THE DIRECTION FROM THE MEASUREMENTS THAT WERE TAKEN LAST WEEK. UM, SO MY QUESTION BEING, I'M GONNA, IF I SAY THIS WRONG, ZA M MOSA, SORRY. UM, I KNOW THAT YOU WERE TELLING ME THAT THE, THAT THE MONUMENT SIGN'S PRETTY DECENT. I BELIEVE IT'S 15 FOOT TALL. AND, AND IF I MAY, AM I ALLOWED TO ASK WHAT WAS THE BIGGEST HOLD UP ON THE POLE SIGN? AM I ALLOWED TO SAY THAT? IS THAT SOMETHING I CAN SAY ASK QUESTION? NOT IN OUR ORDINANCE. ON THE ORDINANCE? YEAH. THE ORDINANCE. YEAH. IT'S, IT'S ACTUALLY A PROHIBITED SIGN UNDER THE CITY ORDINANCE. GOT IT. PROHIBITED. SO YOU'RE NOT ASKING THEM TO VARY SOMETHING. YOU'RE ASKING THIS THIS BOARD TO DECIDE SOMETHING THAT THE CITY COUNCIL HAS DETERMINED SHOULD NOT BE IN THE CITY. GOT IT. I JUST READ THAT AS THE WAIVER FOR ALLOWED. SO I THOUGHT THAT THAT WAS ALLOWED TO EVEN ASK FOR A WAIVER. UM, I THOUGHT THAT WAS WHAT THAT POINT WAS FOR IT. AND I GUESS THAT'S WHAT I WAS WORRIED ABOUT. I DIDN'T KNOW IF IT WAS LIKE THE SIZE OF THE POLE BECAUSE THAT DOESN'T PRESENT PROPER ON THE SIGN. UM, IS [00:25:01] IT POSSIBLE THAT WE CAN ASK FOR A VARIANCE ON THE HEIGHT OF THE MONUMENT TO EXTEND IT SIX FOOT TO GET PAST THE RAILROAD DIFFERENCE? 'CAUSE IT'S 15. AM I RIGHT? LET ME CHECK. I MEAN, 'CAUSE WE'RE WILLING TO DO WHATEVER IT TAKES TO MAKE IT. THAT WOULD BE A WAIVER AS WELL. YEAH, BUT I THINK RIGHT NOW THE ONLY THING THIS BOARD HAS IN FRONT OF IT IS THE POLL SIGN. AND UNDER THE RULES, UM, THEY'RE SUPPOSED TO EITHER APPROVE IT OR DENY IT. UM, IF IT'S DENIED, THE CITY COUNCIL THEN WOULD MAKE THAT DETERMINATION. 'CAUSE THERE COULD BE AN APPEAL TO THE CITY COUNCIL. YOU COULD WITHDRAW THIS AND SUBMIT AN ADDITIONAL PLAN, UM, TO THE CITY FOR A MONUMENT SIGN. AND THEN THE PRO, SORRY. 'CAUSE I DON'T UNDERSTAND THE PROCESSES ONCE WE GET PAST THE PERMITTING SIDE. SO PARDON MY IGNORANCE BEHIND THIS. UM, I HONESTLY DIDN'T HAVE A BACKUP PLAN. I FELT LIKE IT WAS KIND MAKE SENSE. SO I GOT A LITTLE CRAZY. I DIDN'T KNOW WHAT THE BACKUP PLAN WAS. YEAH, SO IF YOU WITHDRAW THE APPLICATION, YOU CAN SUBMIT, UH, YOUR ALTERNATIVE SIGN PLANS AND THEN WE'LL TAKE A LOOK AT THEM AND UH, GUIDE YOU ON IF IT IS PERMITTED AND IF IT'S NOT, WHAT THE PROCESS WOULD BE IF A VARIANCE CAN BE, UH, GRANTED OR GRANTS CAN BE CONSIDERED OR, OR NOT. SO DOES THAT MEAN I'D HAVE TO SPEND THAT MONEY AGAIN? 'CAUSE THIS WAS ALL DONE OUTTA MY OWN PERSONAL POCKET WITH NO GUARANTEES ON THE BACK END. SO THAT'S WHY I'M TRYING TO SAY IF WE CAN COME TO A CONCLUSION HERE. AND I UNDERSTAND AND I APPRECIATE GOVERNMENT AND THE WAY IT'S SUPPOSED TO GO AND THINK IT'S SUPPOSED TO BE FOLLOWED THAT WAY. BUT MY QUESTION IS, IS THE SIX FOOT VARIANCE BEHIND THAT ON THE MONUMENT SIGN, IF AS LONG AS EVERYTHING'S IN CODE, IS THERE ANY KIND OF WAY TO EXPEDITE THAT OR ANY KIND OF WAY TO FIX THAT WHERE I'M NOT OUT ANOTHER 1700, $1,100, WHATEVER IT WAS. YOU MEAN YOU'RE TALKING ABOUT THE FEES? YEAH. 'CAUSE THEY ARE, YOU'RE SAYING I HAVE TO SUBMIT THIS AND THEN WHEN I I REPORT, REPORT THESE PLANS AND I GOTTA SUBMIT AGAIN AND THEN TAKE ANOTHER CHANCE TO GET, WE CAN TALK ABOUT IT. UH, ONCE YOU BRING YOUR PLANS IN, WE'LL CHAT TALK ABOUT IT. UNDERSTOOD. I GUESS THAT'S ALL I HAVE THEN I THINK APPRECIATE Y'ALL. WE SO THE, ARE YOU WANTING TO KEEP THIS APPLICATION TO GO FORWARD AND LET THE, UH, BOARD VOTE ON THIS AS IT SITS TODAY? OH, I THOUGHT THEY FINISHED THAT ALREADY. I'M SORRY. DID WE, DID WE ACTUALLY FINISH THE VOTE ? I DON'T. IT WAS TWO TO TWO. SO THERE WAS NO DECISION. WE'RE NOT SURE. SO MAYBE WE NEED ANOTHER VOTE SINCE HE SPOKE AGAIN. WE NEED TO VOTE AGAIN. I THINK TO HAVE A STRAIGHT DENIAL, YOU'RE GOING TO HAVE TO HAVE A GOOD DENIAL VOTE IF HE WANTS TO APPEAL THAT TO THE CITY COUNCIL. UM, AND I I WOULD SAY ONCE AGAIN THAT UNDER THE AUBREY CODE OF ORDINANCES, THAT POLL SIGNS ARE STRICTLY PROHIBITED. UM, THAT IS WHAT THE CITY COUNCIL HAS DETERMINED IN THE BEST INTEREST FOR, FOR THE CITY. THERE IS AN APPEAL PROCESS, UM, TO THE CITY COUNCIL IF IT IS DENIED SINCE THEY ARE THE ONES WHO APPROVE. CAN I ASK A S CAN I ASK HIM A QUESTION? SURE. WHAT WOULD YOU PREFER? WOULD YOU PREFER US TO DENY IT SO YOU CAN APPEAL IT TO THE CITY COUNCIL? OR DO YOU WANT TO WITHDRAW IT WHERE YOU DON'T HAVE A DENIAL AND YOU CAN WORK WITH THEM ON A MONUMENT SIDE? I AM COMPLETELY OKAY WITH WITH, SORRY. TRYING TO UNDERSTAND THE PURPOSE HERE. I HERE. OH YEAH, SORRY. I'M COMPLETELY OKAY WITH THE WITHDRAWAL. UM, I JUST WANT TO TAKE CARE OF THE CLIENT AT THE END OF THE DAY, GET HIM ASSIGNED. UM, AND I WANNA GET HIM ONE THAT'S REALISTIC. I'M NOT HERE TO CRY AND THROW FIT. UM, WE JUST WANNA GET ONE THAT'S REALISTIC AND AND FEASIBLE. RIGHT. THAT'S IT. AND, AND, AND, UM, I'D STILL LOVE TO PUT A WELCOME TO AUBREY SIGN AT THE VERY FRONT OF THAT. 'CAUSE AS I DROVE UP AND DOWN THERE, THERE WASN'T ONE. AND, UH, SO YES, I WITHDRAW IT, IF THAT'S THE RIGHT WAY TO SAY THAT. IF, UH, IT'S KIND OF A, A UNUSUAL SITUATION. IT IS. NORMALLY YOU WOULD WITHDRAW BEFORE IT'S ACTED ON AND IT'S ALREADY BEEN ACTED ON. SO I DON'T KNOW THAT THERE'S AN OFFICIAL WAY FOR YOU TO WITHDRAW IT, BUT WE COULD. IT'S A PARLIAMENTARY THING. YEAH, WE, WE COULD UM, WE COULD RECESS INTO LEGAL AGAIN AND TRY TO, UM, REFERENCE THE LEGAL, UH, STATUTES TO SEE IF WE CAN ACTUALLY WITHDRAW. YES. THAT IF THE COMMISSION WOULD LIKE TO REQUEST THAT. [00:30:04] I I DIDN'T GET WHAT YOU WANTED, . SO THE QUESTION IS, IS CAN IT LEGALLY BE WITHDRAWN SINCE WE'VE ALREADY ACTED ON IT? UM, SO WE, IF WE NEED TO DETERMINE WHETHER WE CAN DO THAT, WE'LL NEED TO RECONVENE OR INTO EXECUTIVE SESSION SO THAT THE ATTORNEY CAN HAVE SOME TIME TO RESEARCH THAT TO SEE IF THE TWO PEOPLE ABSTAINING. IS THAT ACTING? YES. OKAY. WELL, IN MY OPINION, I THINK THE LEGAL WOULD NEED TO DETERMINE THAT. BUT WE, WE DID ACT ON IT TONIGHT. WE DIDN'T COME TO A CONCLUSION, BUT I, MY OPINION I'D WHAT'D LIKE THE ATTORNEY DIDN'T COME TO A CONCLUSION. YEAH, I'D LIKE THE ATTORNEY TO CHECK ON THAT CAN GIVE YOU A FEW MINUTES, I THINK. WOULD YOU LIKE TO CALL THAT WE GO INTO EXECUTIVE SESSION? YEAH, WE'RE STILL AN OPEN SESSION RIGHT NOW AND THE PUBLIC HEARING IS STILL OPEN AND I MAKE A MOTION THAT WE GO INTO EXECUTIVE SESSION. I'LL SECOND. ALL IN FAVOR? OKAY. WE ARE RETURNING FROM EXECUTIVE SESSION SINCE THE VOTE WAS AIGHT. SO THERE WAS NO ACTION TAKEN ON THIS APPLICATION. AS SUCH, THERE IS NO APPEAL TO THE CITY COUNCIL. THE APPLICANT IS ABLE TO REAPPLY OR AMEND HIS APPLICATION. STILL OPEN. DOES ANYONE LIKE TO SPEAK? SO CLOSE THE PUBLIC HEARING AT 7 0 3. SO WE WILL ADJOURN THE MEETING AT 7 0 3. * 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.