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[00:00:01]

I'M GOING TO OPEN THE SESSION UP AT 5:31.

[1. CALL TO ORDER Invocation - Jane Burton, Next Step Women's Center Pledge of Allegiance to the US Flag Texas Pledge: Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God; one and indivisible]

TONIGHT, WE HAVE SUSAN GARCIA.

SHE'S GOING TO GIVE US HER INVOCATION, AND I'M SORRY, IF YOU'RE WITH THE NEXT STEP WOMEN'S CENTER, APPRECIATE YOU BEING HERE.

IF EVERYBODY WOULD PLEASE STAND.

AFTER THE INVOCATION, PLEASE REMAIN STANDING FOR OUR PLEDGES.

FATHER GOD, LORD, WE JUST THANK YOU FOR THIS TIME THAT WE GET TO COME TOGETHER.

I PRAY, LORD, THAT YOU WOULD BLESS EVERYONE HERE.

I PRAY, LORD GOD, THAT YOU WOULD GUIDE THEIR CONVERSATIONS AND GUIDE THEIR DECISIONS.

LORD AND I THANK YOU SO MUCH, AND I PRAY THIS PROTECTION OVER THIS BEAUTIFUL CITY THAT I HAVE LOVED LITERALLY MY ENTIRE LIFE.

WE THANK YOU, LORD, FOR THIS CITY AND ALL OF THE CITIZENS IN IT.

IN JESUS NAME, AMEN.

THANK YOU, MAYOR AND COUNCIL.

[A. Proclamations Public Service Recognition Week, May 1-7, 2022 (Recipient: Rick DeOrdio, Human Resources Director; Employee Benefits Committee)]

GOOD EVENING. THIS BRINGS US TO SECTION TWO OF OUR COUNCIL MEETING TONIGHT, PUBLIC PRESENTATIONS.

2(A) IS A PROCLAMATION.

PUBLIC SERVICE RECOGNITION WEEK IS MAY 1ST THROUGH MAY 7TH, 2022.

THE RECIPIENT IS RICK DEORDIO, HUMAN RESOURCE DIRECTOR AND EMPLOYEE BENEFITS COMMITTEE IS ALSO HERE PRESENT TO RECEIVE THE PROCLAMATION.

MAYOR.

NOW, THEREFORE, I, MAYOR CHRIS FLETCHER ON BEHALF OF THE CITIZENS OF BURLESON AND THE ENTIRE CITY COUNCIL HEREBY PROCLAIM THE WEEK OF MAY 1ST TO THE 7TH, 2022 AS PUBLIC SERVICE RECOGNITION WEEK IN THE CITY OF BURLESON.

MAYOR AND COUNCIL, IF YOU GUYS COULD COME FORWARD AND THEN ALL THE EMPLOYEES HERE TO RECEIVE THEIR PROCLAMATION.

COME ON UP. COUNCIL, DO YOU ALL WANT TO GO? MAYOR AND COUNCIL, THAT BRINGS US TO ITEM 2(B) PRESENTATIONS.

[B. Presentations Presentation of the State of the City Video. (Staff Presenter: Amanda Campos, City Secretary)]

THIS IS A FORMAL PRESENTATION OF THE 'STATE OF THE CITY' VIDEO.

I AM THE PRESENTER TONIGHT.

I WOULD LIKE TO TAKE THIS OPPORTUNITY TO PERSONALLY THANK ANDREA ANDERSON AND MONICA [INAUDIBLE] IN MY DEPARTMENT FOR PUTTING THIS TOGETHER AND COORDINATING AND WE'RE EXTREMELY PROUD OF IT, AND I WOULD ALSO LIKE TO THANK THE MAYOR AND COUNCIL FOR YOUR PARTICIPATION.

IT WAS VALUABLE AND WE REALLY ENJOYED THIS WHOLE PROCESS.

HIT IT, JAMES.

HEY, BURLESON, MAYOR CHRIS FLETCHER HERE.

I'M SITTING HERE TODAY THINKING ABOUT ALL THE THINGS WE'VE DONE IN 2021, AND IT WAS A LOT .

AS YOU KNOW, THE OTHER COUNCILMEMBERS AND I ARE TRULY PASSIONATE ABOUT THIS COMMUNITY, AND MAYBE YOU'VE MET A FEW OF US AT EVENTS GOING ON IN THE CITY OVER THE PAST YEAR.

THE BEST PART OF 2021 WAS CONNECTING WITH YOU.

[00:05:04]

WHETHER IT WAS RUNNING THE BE HEALTHY 5K OR ENJOYING THE HOT SOUNDS OF SUMMER, MAYBE PAINTING THE PUMPKINS AT THE BOO BASH OR EATING PANCAKES AT SANTA'S BREAKFAST.

I'VE ASKED MY FELLOW COUNCILMEMBERS TO HELP HIGHLIGHT THE PROJECTS WE HAVE WORKED ON IN THE PAST YEAR THAT MAKES US PROUD TO BE YOUR CITY COUNCIL.

CHECK OUT WHAT HAPPENED IN 2021 AND BURLESON, THANK YOU FOR LETTING US SERVE YOU.

THIS WAS A BIG YEAR FOR PUBLIC SAFETY.

IN 2021, COUNCIL VOTED TO ADD SIX FULL TIME FIREFIGHTER POSITIONS AND ONE ADMINISTRATIVE LIEUTENANT TO THE FIRE DEPARTMENT.

WE ALSO APPROVED THE CASH FUNDING OF A $1.5 MILLION LADDER TRUCK, WHICH WILL IMPROVE SERVICE TO OUR COMMUNITY.

IN 2017, THE PLANNING BEGAN FOR THE RELOCATION OF FIRE STATION 2 THAT WOULD EXPEDITE SERVICE TO OUR SOUTHERN BORDER AND INCLUDE AN EMERGENCY OPERATIONS CENTER.

THE SITE PLAN AND FUNDING WAS APPROVED IN 2019 AND GROUND WAS BROKEN IN 2020.

ON OCTOBER 23RD, 2021, THE CITY COUNCIL WAS PROUD TO ATTEND THE GRAND OPENING OF FIRE STATION 16, A 14,000 SQUARE FOOT FACILITY THAT HOUSES TEN FIREFIGHTERS AND AN EMERGENCY OPERATION CENTER.

STATION 16 IS NUMBERED IN HONOR OF DAWSON BARNES, A CENTENNIAL HIGH SCHOOL SENIOR WHO IS TRAGICALLY KILLED IN AN AUTOMOBILE ACCIDENT ON WHAT WAS THE FUTURE HOME OF THE NEW FIRE STATION.

BARNES WORE NUMBER 16 ON HIS BASEBALL JERSEY AND WILL FOREVER BE REMEMBERED IN OUR COMMUNITY.

BARNES IS ALSO MEMORIALIZED ON THE FIRE APPARATUS HOUSED AT FIRE STATION 16, WHICH IS EMBLAZONED WITH HIS NICKNAME, THE LEGEND.

IN THE PAST FISCAL YEAR, PUBLIC SAFETY WAS ALSO ENHANCED WHEN COUNCIL VOTED TO APPROVE BURLESON POLICE DEPARTMENT'S PARTICIPATION IN AN INTELLIGENCE EXCHANGE PROGRAM WITH THE CITY OF FORT WORTH.

COUNCIL ALSO APPROVED A RESOLUTION TO ACCEPT A GRANT FOR A FULL TIME VICTIM'S ASSISTANCE COORDINATOR, AS WELL AS TWO HANDHELD DIGITAL NARCOTIC ANALYZERS.

IN 2021, COUNCIL VOTED TO REPLACE FOUR POLICE VEHICLES AND ADDED FIVE NEW POLICE VEHICLES TO OUR FLEET.

WE ALSO VOTED TO FUND SIX NEW POSITIONS, INCLUDING TWO SCHOOL RESOURCE OFFICERS, ONE K-9 UNIT, ONE DETECTIVE SERGEANT AND TWO OFFICERS SPECIFIC TO THE OLD TOWN AREA.

WE'VE ALSO INCREASED OUR STARTING PAY FOR POLICE FROM 11TH OUT A 13 BENCHMARK CITIES TO THIRD OVERALL.

NOW, THIS SHOWS NOT ONLY OUR COMMITMENT TO OUR PUBLIC SAFETY, BUT IT'S ALSO GOING TO MAKE OUR CITY SAFER BY BEING ABLE TO RECRUIT AND RETAIN THE HIGHEST QUALITY OF LAW ENFORCEMENT PROFESSIONALS.

IN BURLESON, IMPROVING PARKS HAS BECOME A HUGE PRIORITY.

THIS YEAR, CITY COUNCIL INITIATED A CITIZEN DRIVEN APPROACH TO DEVELOPING PARKS TO ENSURE OUR CITIZENS GET THE PARKS THEY DESERVE.

THE DESIGN OF CLARK PARK IS JUST ONE EXAMPLE THIS YEAR OF THE PROCESS IN ACTION.

OVER 1000 CITIZENS ANSWERED SURVEY QUESTIONS ABOUT THE DESIGN OF THIS PARK.

FUNDING FOR CLARK PARK WAS APPROVED IN MAY 2021.

THE CITY BROKE GROUND ON AUGUST 3RD AND THE CONSTRUCTION WAS COMPLETED IN SEPTEMBER.

MANY OTHER IMPROVEMENTS HAVE BEEN ACCOMPLISHED AS WELL.

VILLAGE CREEK TRAIL EXPANSION WAS APPROVED IN APRIL.

NEW SIGNAGE WAS INSTALLED ALONG THE TRAILS AND AT EACH PARK.

THE CEMETERY EXPANSION PROJECT IS UNDERWAY AND SHANNON CREEK PARK WAS FUNDED IN NOVEMBER.

CITIZEN ENGAGEMENT WAS VERY IMPORTANT IN OTHER PROJECTS LAST YEAR.

2021 WILL GO DOWN IN HISTORY AS THE YEAR BURLESON BROKE GROUND ON OUR VERY FIRST SPLASH PAD AND OUR VERY FIRST DOG PARK.

WITH DESIGN INPUT FROM OUR CITIZENS, WE'RE EXPECTING BOTH PARKS TO GREATLY EXCEED EXPECTATIONS AND ENHANCE OUR CITY.

WE'VE TAKEN THE CITIZEN ENGAGEMENT TO A WHOLE NEW LEVEL BY GIVING YOU ALL THE OPPORTUNITY TO NAME THE NEW DOG PARK.

CITIZENS SUGGESTIONS WERE INCLUDED IN AN ONLINE SURVEY AND THE BURLESON BARK PARK IS ALSO NOW THE FIRST PARK IN BURLESON TO BE NAMED BY A POPULAR VOTE.

THE MAYOR VERA CALVIN PLAZA WAS OFFICIALLY DEDICATED IN 2021, JUST IN TIME TO HOST MANY EVENTS, INCLUDING HOT SOUNDS OF SUMMER, FOUNDER'S DAY, AND THE CHRISTMAS TREE LIGHTING.

[00:10:02]

ACROSS THE STREET IS A SITE FOR THE ELLISON STREET PROJECT.

CONSTRUCTION IS BEGINNING AND WE'RE LOOKING FORWARD TO DINING AT RAZOO'S AND [INAUDIBLE] BARBEQUE SOON.

DEVELOPMENTS ARE OCCURRING IN ALMOST EVERY AREA OF OUR CITY.

TWO OF THE LARGEST NEW PLANNED DEVELOPMENTS ARE CHISHOLM SUMMIT, AND HOOPER BUSINESS PARK, BOTH APPROVED BY COUNCIL IN 2021.

WE ARE EXCITED ABOUT THE POSSIBILITIES ON THE WEST SIDE OF BURLESON.

AS A MEMBER BEING A PART OF ECONOMIC DEVELOPMENTS IN BURLESON IS A HIGHLIGHT OF THE JOB.

IN 2021, WE HAD THE GREAT PLEASURE OF ANNOUNCING ALLEY CATS, WHICH WILL BRING FAMILY ENTERTAINMENT TO BURLESON.

GREAT JOB, COUNCIL.

EVEN WITH ALL OF THE EXCITING AMENITIES AND IMPROVEMENTS WE ARE ADDING.

I AM PROUD TO SAY THAT THIS COUNCIL WAS ABLE TO INTRODUCE A HOMESTEAD EXEMPTION FOR THE FIRST TIME IN BURLESON AND REDUCED THE TAX RATE FOR OUR CITIZENS.

WE ALSO KEPT MONEY IN OUR RESIDENTS POCKETS FOR CHOOSING NOT TO INCREASE WATER AND SEWER RATES FOR THE YEAR.

THE GREATEST JOY FOR 2021 HAS BEEN CONNECTING WITH THE COMMUNITY.

THE COUNCIL AND I WILL CONTINUE TO MAKE THAT A PRIORITY GOING FORWARD.

IF YOU NEED TO TALK TO THE MAYOR.

EMAIL ME. CFLETCHER@BURLESONTX.

LET ME KNOW WHAT YOU'RE INTERESTED IN AND LEAVE A PHONE NUMBER, AND I PROMISE YOU I'LL CALL YOU BACK.

REMEMBER BURLESON, WE'RE IN THIS TOGETHER

[C. Community Interest Items This is a standing item on the agenda of every regular meeting of the City Council. An "item of community interest" includes the following: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; honorary recognitions of city officials, employees, or other citizens; reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by city official or city employee; and announcements involving imminent public health and safety threats to the city.]

COUNCIL? ANYBODY? SEVERAL OF US HAD THE PLEASURE OF HELPING NORWOOD ELEMENTARY STUDENTS PLANT TREES AT CLARK PARK ON FRIDAY.

THAT WAS FUN TO GET TO PLAY IN THE DIRT WITH THE KIDDOS AND PUT TREES BACK.

SO THANK YOU TO ALL THE VOLUNTEERS.

I KNOW THERE WAS ANOTHER SHIFT THAT TOOK PLACE ON SATURDAY MORNING.

SO FOR ALL OF THOSE WHO CAME OUT IN OUR COMMUNITY AND HELPED PLANT TREES FOR ARBOR DAY, THANK YOU.

THIS COMING SATURDAY IS NOPE, SORRY, THE 14TH.

SO NOT THIS SATURDAY, BUT THE NEXT AT 9 A.M.

IS OUR TRASH BASH, AND YOU CAN GO ON THE CITY'S WEBSITE AND FILL IN HOW MANY VOLUNTEERS YOU'LL HAVE AND WHERE YOU WOULD LIKE TO HELP CLEAN UP IF THAT'S OF INTEREST TO YOU. WE GREATLY APPRECIATE THAT EFFORT, AND I ALSO WANTED TO THERE WAS ONE MORE.

I'M SORRY I DIDN'T GET TO WRITE IT DOWN FAST ENOUGH.

OH, I WANTED TO ACKNOWLEDGE SMALL BUSINESS WEEK.

SO THIS WEEK IS ALSO RIGHT IT IS THIS WEEK.

SMALL BUSINESS WEEK, AND YOU CAN, YOU HAVE A CHANCE TO WIN A $50 GIFT CARD TO LOCAL BUSINESSES IF YOU TAKE A PHOTO AND THEN POST IT ON THE CITY'S FACEBOOK PAGE.

SO THAT'S A GREAT OPPORTUNITY, BUT SMALL BUSINESSES IN THIS COMMUNITY ARE TRULY THE BACKBONE.

THEY EMPLOY A LARGE NUMBER OF OUR CITIZENS.

THERE'S SO MUCH CREATIVITY AND JUST UNIQUENESS ABOUT SHOPPING LOCAL, AND SO I JUST WANT TO GIVE A SHOUT OUT TO OUR SMALL BUSINESSES AND SAY THANK YOU FOR WHAT YOU DO FOR BURLESON AND GO SHOP AND SHARE YOUR PHOTOS SO THAT YOU CAN POTENTIALLY WIN A $50 GIFT CARD.

ANYBODY ELSE? JIMMY? THAT'S IT. THAT BRINGS US TO SECTION THREE, CHANGES TO THE POSTED AGENDA.

[A. Items to be continued or withdrawn.]

3(A) IS ITEMS TO BE CONTINUED OR WITHDRAWN IN 3(B) IS ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSIONS OR ITEMS TO BE ADDED TO THE CONSENT AGENDA . I WOULD LIKE TO MAKE A MOTION THAT WE MOVE ITEM 7(A) TO THE CONSENT AGENDA.

SO, IF YOU WILL.

IF YOU WILL MAKE THE MOTION USING THE VOTING.

THAT'S OKAY. OH, THERE YOU GO.

IS THERE A SECOND? I'VE GOT A MOTION BY JAMIE.

A SECOND, BY DAN, PLEASE VOTE.

[00:15:10]

MOTION PASSES UNANIMOUS.

THANK YOU, COUNCIL.

THAT MOVES ITEM 7(A) ON TO THE CONSENT AGENDA.

SO AT THIS TIME, WE'LL MOVE ON TO THE CONSENT AGENDA.

[4. CITIZEN APPEARANCES Other than public hearings and items listed on the posted agenda, citizens in attendance who desire to speak to City Council may speak during this section. Speakers in attendance: Each person will be allowed three (3) minutes to speak and will not be interrupted by City Council or staff. If you would like to speak, please fill out a speaker card and give the completed card to the City Secretary prior to addressing City Council. Speakers not in attendance: Each person must fill out an online speaker card. Online speaker cards will be for items posted on the agenda only and must be submitted 30 minutes prior to the posted start time of the meeting. Online speaker cards will be read aloud by the City Secretary at the time the item is presented. Online speaker cards can be found on the city’s website, www.burlesontx.com on the agenda/notices page. Please note that City Council may only take action on items posted on the agenda. The Texas Open Meetings Act prohibits the City Council from deliberating or taking action on an item not listed on the agenda. City Council may, however, receive your comments on the unlisted item, ask clarifying questions, respond with facts, and explain policy.]

I'M SORRY, SKIPPED CITIZENS APPEARANCE.

OTHER THAN PUBLIC HEARINGS AND ITEMS LISTED ON THE POSTED AGENDA.

CITIZENS IN ATTENDANCE WHO WISH TO SPEAK TO THE CITY COUNCIL MAY SPEAK DURING THIS SECTION.

SPEAKERS IN ATTENDANCE, EACH SPEAKER WILL BE ALLOWED 3 MINUTES TO SPEAK.

IF YOU WOULD LIKE TO SPEAK TO THE CITY COUNCIL, PLEASE FILL OUT A SPEAKER CARD AND HAND IT TO MY OFFICE OVER HERE.

SPEAKERS NOT IN ATTENDANCE, EACH SPEAKER MUST FILL OUT AN ONLINE SPEAKER CARD, AND ONLINE SPEAKER CARDS WILL NEED TO BE SUBMITTED 30 MINUTES PRIOR TO THE START OF THE POSTED TIME OF THE MEETING.

AT THIS TIME, I HAVE NO ONLINE SPEAKER CARDS AND I HAVE NO SPEAKER CARDS CURRENTLY THAT ARE NOT RELATED TO AN ITEM ON THE AGENDA.

IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO COUNCIL ON AN ITEM THAT IS NOT LISTED ON THE AGENDA AND IS NOT LISTED FOR PUBLIC HEARING? THERE IS NONE. THANK YOU.

SO, MAYOR AND COUNCIL, THAT BRINGS US TO SECTION FIVE, THE CONSENT AGENDA.

ALL ITEMS LISTED BELOW ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED IN ONE MOTION.

THERE WILL BE NO SEPARATE DISCUSSION.

APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE CITY MANAGER TO IMPLEMENT EACH ITEM IN ACCORDANCE WITH STAFF RECOMMENDATIONS.

[5. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of the items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.]

TONIGHT, THE CONSENT AGENDA CONSISTS OF ITEMS 5(A) THROUGH 5(C) WITH THE ADDITION OF 7(A).

MAYOR, IF YOU COULD ASK FOR A MOTION.

IS THERE A MOTION FOR THE CONSENT AGENDA? I HAVE A MOTION BY DAN AND A SECOND BY RONNIE, PLEASE VOTE.

MOTION PASSES UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL.

[A. Target located at 200 NW John Jones DR (Case 22-031): Hold a public hearing and consider approval of a commercial site plan amendment with a waiver to section 132-115; Accessory building and structure yard regulations; pertaining to a covered parking and loading area in the front yard of a commercial site. (Staff Presenter: Tony McIlwain, Director of Development Services) (Planning and Zoning Commission recommended approval by a unanimous vote.)]

THAT BRINGS US TO SECTION 6 DEVELOPMENT APPLICATIONS.

6(A) TARGET LOCATED AT 200 NORTHWEST JOHN JONES DRIVE CASE 22-031.

THIS IS TO HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A COMMERCIAL SITE PLAN AMENDMENT WITH A WAIVER TO SECTIONS 132-115 ACCESSORY BUILDING AND STRUCTURE YARD REGULATIONS.

THIS IS PERTAINING TO COVERED PARKING AND LOADING AREA IN THE FRONT YARD OF THE COMMERCIAL SITE PLAN.

THE STAFF PRESENTED TONIGHT IS TONY MCELWAIN, DIRECTOR OF DEVELOPMENT SERVICES.

MR. MCELWAIN.

THANK YOU. IS THAT BETTER? I KNOW I'M LOUD, BUT THANK YOU [CHUCKLING].

SO OUR CURRENT CODE DOES NOT ALLOW OR ADDRESS COVERED PARKING IN NON-RESIDENTIAL FRONT YARD.

SO THE PURPOSE OF THIS IS TO HAVE YOU CONSIDER A WAIVER.

THE PROPOSED CANOPY WILL PROVIDE COVER FOR TEN DRIVE UP PARKING STALLS AS WELL AS THE CROSSWALK FROM THE STALLS TO THE FUTURE TARGET ENTRANCE EMPLOYEES DELIVERING ORDERS WILL BASICALLY PROVIDE THE MERCHANDISE TO THESE PEOPLE WAITING AT THESE STALLS.

THERE'LL BE A 12 FOOT CLEARANCE FOR SOME OF YOUR TALLER, LARGER VEHICLES, AND THAT GRAPHIC IS SOMETHING THAT WAS PROVIDED TO US FROM TARGET TO GIVE YOU SOME IDEA, COUNCIL, OF HOW IT WOULD LOOK IF APPROVED TONIGHT.

SO THERE ARE NO PROPOSED CHANGES WITH REGARD TO WATER AND SEWER UTILITIES THAT ARE ALREADY ON THE SITE.

THERE IS NO ADDITIONAL CONSIDERATIONS NECESSARY FOR DETENTION PER OUR DRAINAGE STANDARDS, AND OVERALL DRAINAGE PATTERNS WILL REMAIN AS THEY ARE TODAY.

[00:20:04]

ALSO, THERE IS NO NEED OR TRIGGER FOR TIA.

THESE ARE JUST BASICALLY ACCESSORY STRUCTURES.

THERE'LL BE NO UPTICK IN TRAFFIC RELATIVE TO THESE STRUCTURES.

WE MET THE STATE REQUIREMENTS WITH REGARD TO PUBLIC NOTIFICATION AND WE'VE RECEIVED NO INQUIRIES REGARDING THIS REQUEST, AND THAT MAP GRAPHIC JUST GIVES YOU OUR 200 FOOT BUFFER AROUND A SUBJECT SITE.

SO STAFF IS SUPPORTIVE OF THE WAIVER REQUEST, GIVEN THE FOLLOWING CONSIDERATIONS.

ACCESSORY STRUCTURES WILL PRIMARILY BE OBSCURED BY PREEXISTING LANDSCAPE ENTRIES.

IT WILL NOT ENCROACH WITHIN THE FRONT YARD SETBACK, WHICH IS 25 FEET IN THE ZONING DISTRICT.

TARGET BEING PART OF A LARGER SHOPPING CENTER, ASHLEY DOES NOT HAVE A SIDE OR REAR YARD IN WHICH TO LOCATE THESE STRUCTURES AND THEY SERVE A DESIRED PURPOSE IN TERMS OF WHAT TARGET WOULD LIKE TO DO FOR ITS CLIENTELE, WHICH ARE ITS CUSTOMERS.

THE P&Z CONSIDERED THIS AND VOTED UNANIMOUSLY TO SUPPORT THE WAIVER REQUESTS.

THERE WERE NO SPEAKERS THAT EVENING, AND WE REQUEST THE FOLLOWING ACTIONS OF THE COUNCIL, YOU OPEN AND CLOSE THE PUBLIC HEARING AND WE'RE RECOMMENDING AS WELL THE P&Z APPROVAL OF THE SITE PLAN, TO ALLOW THE WAIVER TO FACILITATE THE COVERED PARKING AREAS AND I'LL ENTERTAIN ANY QUESTIONS THAT YOU ALL MAY HAVE.

I DO HAVE ONE. I'M A LITTLE CONFUSED AFTER READING EVERYTHING HERE.

THE PICTURE THAT WE'RE LOOKING AT RIGHT NOW DOESN'T SHOW THIS, BUT THE PLAN SHEET, THE PAGE PRIOR SEEMS TO INDICATE THAT THE CANOPY IS GOING TO GO OVER THE DRIVING LANE BACK TOWARDS THE BUILDING.

THE PINK LINE APPEARS TO BE THE PROPOSED CANOPY.

SO ARE THEY PLANNING ON BUILDING THIS THING OVER THE DRIVEWAY OR ARE THEY GOING TO JUST BUILD IT OVER THE STALLS? OVER THE STALLS.

THE DRIVEWAY CLEARANCES, WE'VE NOT HAD THE DISCUSSIONS WITH THEM ABOUT THAT BEING CONSTRUCTED OVER THE CLEARANCES, AND THEN--I MEAN, THE WAY IT'S WORDED, IT SAYS PROVIDES COVER FOR TEN DRIVE UP PARKING STALLS AND THE CROSSWALK FROM STALL, PROVIDING COVER FOR STALLS AND CROSSWALK.

THAT'S WHAT IT READS TO ME, AND THE PICTURE ON THE PREVIOUS PAGE SHOWS THAT.

SO THE CROSSWALK IN QUESTION, LET ME GO BACK.

SO LET ME TALK FROM THIS PICTURE AND THEN I'LL GO BACK AND ADDRESS THE QUESTION.

SO THE CROSSWALK CONTINUES FROM THE STOREFRONT TO THAT AREA THAT YOU SEE IN THIS PICTURE THAT SHOWS I GUESS YOU CAN SEE A FIGURE STANDING THERE GOING BACK.

THE PROPOSED CANOPY IS CAPTURED BY THE AREA IN BLACK, YOUR PROPOSED DRIVE UP STALLS.

WHAT'S THE PINK LINE REPRESENT? SO, I'M LOOKING AT THAT NOW.

[INAUDIBLE] FOR PROPOSED CANOPY WE'VE NOT HAD CONSIDERATIONS WITH THAT REACHING OVER THE DRAFT STALL , AND LET ME GET SOME JUST CLARIFICATION OF THE PICTURE HERE.

SO FORGIVE ME JUST ONE SECOND.

THE SMALL RECTANGULAR BOXES THAT YOU SEE ARE ESSENTIALLY THE DESIGNATED CROSSWALK AREAS.

THERE IS A DRIVE UP DOOR, BUT THAT'S A SEPARATE PERMIT.

SO, I DON'T RECALL US HAVING ANY DISCUSSIONS ABOUT THIS REACHING OVER , AND CAPTURING THAT DRIVEWAY AREA THERE.

TONY, I THINK THE QUESTION IS WHAT IS SHOWN HERE IN THE PINK ON THE RENDERING? DO WE KNOW WHAT THAT IS? THE LEADER LINE THAT RUNS TO [INAUDIBLE] PROPOSED CANOPY, I DON'T RECALL THEM HAVING A CONVERSATION WITH US HAVING THAT CANOPY STRETCH ACROSS THAT WAY.

I CAN GET CLARIFICATION ON THAT IN A FEW MINUTES.

I GUESS I'M DOWN TO IF IT INCLUDES COVERING THAT DRIVEWAY, I SAY NO.

IF IT'S JUST COVERING THE STALLS, I HAVE NO ISSUE WITH THAT, BUT I DON'T THINK THEY NEED TO BUILD A CANOPY OVER THAT ROADWAY.

IT'S BASICALLY THE ONLY WAY YOU GET AROUND INSIDE A SHOPPING CENTER AND IT SHOULD NOT BE COVERED, BUT IT LOOKS LIKE TO ME FROM THE PLANS THAT IT IS.

SO I CAN TELL YOU STAFF CONSIDERATION IS FOR THE PARKING STALLS TO BE COVERED, NOT TO HAVE THIS STRUCTURE REACH OVER THE

[00:25:05]

DRIVE OUT. AS YOU KNOW, THERE ARE A NUMBER OF ISSUES WITH HAVING THAT HAPPEN WITH YOUR BIG RIG TRUCKS AND THINGS OF THAT NATURE.

RIGHT.

I THINK YOU COULD MAKE IT SUBJECT CONDITION THAT IT WOULD ONLY BE FOR THE STALLS THEMSELVES AND NOT ANY OF THE ACCESS NEAR THE STORE.

I GUESS WHEN I READ IT, I WAS READING IT AS A DEFINED CROSSWALK, NOT NECESSARILY BEING COVERED.

SO I'M GLAD THAT MR. MCCLENDON HAS POINTED THAT OUT BECAUSE I AGREE.

I DON'T THINK THAT THE ROADWAY SHOULD HAVE A PATH THAT IS COVERED.

I THINK THAT WOULD POTENTIALLY CAUSE SOME ISSUES WITH TRAFFIC AND THERE WOULD BE A SECTION WHERE THEY WOULD STILL BE IN THE ELEMENTS.

SO THAT WOULDN'T MAKE MUCH SENSE WHEN THEY WERE COMING OUT OF THE BUILDING.

SO IT WOULDN'T BE A COMPLETE COVERED WALKWAY ANYWAY, BUT I READ IT MORE AS IT WAS DEFINING A WALKWAY BECAUSE I UTILIZE THIS SERVICE A LOT.

I'M FREQUENTLY THERE DOING THE PICKUPS AND WHEN THERE'S BAD WEATHER, THEIR EMPLOYEES ARE STANDING OUT THERE WAITING FOR SHOPPERS TO DRIVE UP, BECAUSE YOU CLICK ON YOUR APP, I'M ON MY WAY AND YOU COULD BE ON YOUR WAY, AND THAT'S 15 MINUTES OR 2 MINUTES AND THEY'RE STANDING OUT THERE WITH ALL OF YOUR STUFF, YOUR STUFF'S POTENTIALLY GETTING WET OR WHATEVER ELSE IS GOING ON WITH THE WEATHER, AND THEIR EMPLOYEES ARE SITTING THERE WITH AN UMBRELLA OR A RAIN JACKET, AND SO I THINK AS LONG AS WE CAN APPROVE IT WITH THE CONDITION THAT IT ONLY INCLUDES COVER FOR THE STALLS, THAT MAKES THE MOST SENSE.

OKAY. MAYOR, IF YOU COULD OPEN THE PUBLIC HEARING, PLEASE.

I'M SORRY. I OPEN THE PUBLIC HEARING OUT AT 5:59 NOW.

ARE THERE ANY SPEAKERS IN THE AUDIENCE WHO WOULD CARE TO SPEAK ON THIS ITEM? IF YOU'LL JUST COME TO THIS PODIUM HERE THAT'S CLOSEST TO ME AND STATE YOUR NAME FOR THE RECORD, PLEASE. I DON'T UTILIZE A TARGET SPECIFICALLY FOR PICKUP ORDERS, BUT IS THIS GOING TO BE OPEN 24 SEVEN? AND IF IT IS, I HAVE A QUESTION ABOUT LIGHTING FOR SAFETY PROCEDURES.

THIS IS A COVERED AREA.

IT'LL BE DARK AND SUFFICIENT LIGHTING WILL BE THERE TO KEEP PEOPLE FROM GATHERING AND KEEPING US SAFE.

THAT'S ALL I HAD. GO AHEAD. WE'VE NOT HAD THAT LEVEL OF DISCUSSION WITH TARGET REGARDING HOW THEY'RE GOING TO APPLY THE LIGHTING TO THE OVERHEAD STRUCTURES.

IT WILL BE ESSENTIALLY A CANOPY TYPE STRUCTURE.

SO YOU'RE NOT GOING TO HAVE ANY WALLED AREAS.

IN THE PAST, WHEN I'VE SEEN THESE, THEY'VE RUN ANY NUMBER OF LIGHTS AND OTHER FIXTURES TO PROVIDE FOR SAFETY FOR NOT ONLY THE CUSTOMERS, BUT ALSO THE EMPLOYEES. SO THAT'S SOMETHING THAT WHEN THEY COME THROUGH THE PROCESS, DEPENDING ON THE COUNCIL'S ACTION TONIGHT WILL GET NAILED DOWN, BUT I'M PRETTY CERTAIN LIGHTING WILL BE ONE OF THE THINGS THAT THEY'LL ADD TO THE TO THE CANOPY.

CAN WE ADDRESS THAT? YOU'RE GOING TO ADDRESS THAT FOR HER? YES, SIR. OKAY, THANK YOU.

I THINK IT'S IMPORTANT TO HAVE ADEQUATE LIGHTING BECAUSE IT IS BLOCKING FROM ANY OF THE PARKING LOT LIGHTING THAT'S THERE.

SO IS THIS A 24 SEVEN PARKING AREA THAT'S GOING TO BE UTILIZED? BECAUSE USUALLY PICKUP ORDERS ARE LIMITED HOURS? I CAN'T ANSWER THAT ONE. I'M JUST CURIOUS BECAUSE THEN IT'S VACANT AND IT COULD BE A HANGOUT PLACE FOR A VIGILANTE [CHUCKLING].

GOOD INPUT, THANK YOU.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD CARE TO ADDRESS THE COUNCIL ON THIS MATTER? SO IF YOU'LL CLOSE TO A PUBLIC HEARING, PLEASE.

I'LL CLOSE THE PUBLIC HEARING AT 6:00.

IS THERE A MOTION ON THIS ITEM? I'LL MOVE TO APPROVE THE ITEM WITH THE PROVISO THAT THERE'S NOT ANY CANOPY OVER THE DRIVE LANES BETWEEN THE CURBING OF IN FRONT OF ANYWAY, OVER THE DRIVING LANES TO MAKE IT SIMPLE.

ONLY OVER THE PARKING STALLS.

SECOND.

I HAVE A MOTION BY DAN, AND A SECOND BY RONNIE, PLEASE VOTE.

PASSES UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL. AT THIS TIME, I WOULD LIKE TO MAKE A COMMENT THAT COUNCILMEMBER GREEN AND COUNCILMEMBER PAYNE ARE ABSENT.

WE JUST WERE NOT ABLE TO PUT THAT UP ON THE BOARD, SO IT SHOWS IT THAT THEY ARE NOT EVEN VOTING, BUT THEY'RE ABSENT.

[00:30:04]

THANK YOU. THAT BRINGS US TO ITEM

[B. 2301 S Burleson Blvd, North Texas Jellystone Park, Voluntary Annexation (Case 22-008): Hold a public hearing and consider approval of an ordinance for voluntary annexation of approximately 44.36 acres tract of land out of the Ira Clemons survey described in the deed recorded in document No. 2016-8589, Johnson County, Texas (D.R.J.C.T), located in the exclusive Extraterritorial Jurisdiction (ETJ) of the City of Burleson, related to a previously approved development agreement, providing that the inhabitants thereof shall have all the privileges of all the citizens of Burleson, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith; providing that this ordinance shall be cumulative of all prior ordinances not in direct conflict; providing for severability and naming and effective date. (First and Final Reading) (Staff Presenter: Tony McIlwain, Development Services Director)]

6(B) 2301 SOUTH BURLESON BOULEVARD, NORTH TEXAS JELLYSTONE PARK VOLUNTEER ANNEXATION CASE 22-008.

THIS IS TO HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF AN ORDINANCE FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 44.36 ACRES TRACT OF L AND LOCATED AT THE SAY LOCATED IN THE EXCLUSIVE ETJ OF THE CITY OF BURLESON, RELATED TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, PROVIDING THAT THE INHABITANTS THEREFORE SHALL ALL HAVE THE PRIVILEGES OF ALL THE CITIZENS OF BURLESON.

THIS IS BEFORE YOU ON FIRST AND FINAL READING.

THE STAFF PRESENTER IS TONY MCELWAIN, DIRECTOR OF DEVELOPMENT SERVICES.

MR. MCELWAIN THANK YOU, MA'AM.

COUNCIL, THIS IS PART A OF A TWO PART REQUEST.

IT DOES INVOLVE A VOLUNTARY PETITION FOR ANNEXATION.

SUBMITTED BY MR. FELIX WONG ON BEHALF OF HIS CLIENT, MR. RONALD BOWYER.

THE PROPERTY IN QUESTION IS WHAT'S LOCALLY KNOWN AS JELLYSTONE AMUSEMENT PARK.

THIS IS A SITE PLAN THAT SHOWS JELLYSTONE PARK.

MAYBE A LITTLE BIT HARD TO READ, BUT I'LL DRAW YOUR ATTENTION TO ZONE D, WHICH IS ONE OF THE AREAS THAT'S HIGHLIGHTED IN THE PARK, AS WELL AS SOME OF THE EXISTING DEVELOPMENT THAT WE HAVE OCCURRING OUT THERE AT JELLYSTONE.

SO THIS ZONE D THIS IS A SCREEN CAPTURE AT A A LARGER RESOLUTION FOR YOU SHOWS THE FOLLOWING ACTIVITIES OCCURRING AN ACTIVITY CENTER, MINI GOLF, INDOOR AND OUTDOOR POOL, TEEPEES, WAGON CAMPING, AND THEN THE OTHER ASSOCIATED USES ON THE SCREEN THERE. THE 2017 DEVELOPMENT AGREEMENT PUT FORTH SEVERAL RESPONSIBILITIES ON THE PROPRIETER OF JELLYSTONE.

WE'VE GOT THAT BULLETED LIST THERE ON THE SCREEN IN FRONT OF YOU.

ONE WAS THE REQUEST FOR VOLUNTARY ANNEXATION OF 3.85 ACRES, AND THEN THERE WERE SUBSEQUENT ANNEXATIONS THAT TOOK PLACE IN 2019 AND '21.

A PLANNED DEVELOPMENT ORDINANCE WAS PUT TOGETHER FOR JELLYSTONE, AND THEN YOUR LAST SEVERAL BULLET POINTS DEAL WITH CERTAIN ACTIVITIES SUCH AS OPERATION IN THE COURSE OF CITY ORDINANCES, SANITARY SEWER EASEMENT, DEDICATION, TERMINATION OF ONSITE SEWER FACILITIES, AND THEN EXPENDITURE OF GRANT PAYMENTS ON TOURISM PROMOTION ACTIVITIES. THIS IS PART OF A PREVIOUS ECONOMIC DEVELOPMENT PRESENTATION THAT THE COUNCIL RECEIVED FROM A FEW YEARS AGO.

AS FAR AS CITY INCENTIVES, JELLYSTONE WILL BE ALLOWED TO CONNECT TO THE SANITARY SEWER LINE GRANT PAYMENTS, AND WE HAVE THOSE BROKEN DOWN IN TERMS OF THE REBATES, AND THESE REBATES OCCURRED IN THE LAST THREE YEARS.

HOTEL OCCUPANCY, TAX REVENUE, PAYMENT OF 60% FOR FOUR YEARS, NOT TO EXCEED 60,000, AND THEN A WAIVER OF DEVELOPMENT FEES NOT TO EXCEED 10,000 IS AGAIN PART OF THE ECONOMIC DEVELOPMENT PACKAGE REGARDING JELLYSTONE PARK.

SO WHAT ARE THE CITY BENEFITS AS FAR AS THIS DEVELOPMENT AGREEMENT? ONE IS ABOUT LOCAL CONTROL THROUGH THE CITIES, THROUGH THE ANNEXATION OF THIS PROPERTY TO THE CITY.

THE CITY IS BETTER ABLE TO ELIMINATE ENVIRONMENTAL CONCERNS RELATING TO FAILING ONSITE SEWER FACILITIES.

ZONING AUTHORITY WOULD APPLY IF THE PROPERTY'S ANNEXED, AS WELL AS CODE ENFORCEMENT ACTIVITY, BUILDING CODE ACTIVITY, AND THEN THE HOTEL OCCUPANCY TAX REVENUE.

THIS MAP SHOWS YOU THE YEARS WHERE CONSTRUCTION ACTIVITY OCCURRED WITH REGARD TO THE SITE STARTING BACK IN 2007, THAT CAPTURED THAT PARCEL WHERE WE HAD THE FIRST RUSH OF ACTIVITY ON THE SITE.

WITH REGARD TO ANNEXATION.

WE FOLLOWED THE STATE LAW WITH NOTICE, AS WELL AS SENDING THE SCHOOL DISTRICT AND UTILITY PROVIDERS LETTERS FOR THIS PROPOSED ANNEXATION.

STAFF IS SUPPORTIVE OF THE REQUEST FOR VOLUNTARY ANNEXATION FOR THIS TRACT.

IT'S A LITTLE OVER 44 ACRES, AND AGAIN, IT'S RELATED TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT THAT THE COUNCIL CONSIDERED.

[00:35:08]

COUNCIL, THE ACTION REQUESTED OF YOU TONIGHT IS CONDUCT A FIRST AND FINAL READING AS MS. CAMPOS MENTIONED AT THE BEGINNING OF THIS ITEM, AND FOR APPROVAL OF THE ORDINANCE FOR THE VOLUNTARY ANNEXATION OF THIS PROPERTY.

WITH THAT SAID, I'LL ANSWER ANY QUESTIONS THAT YOU HAVE RELATIVE TO THE ANNEXATION BEING REQUESTED.

ALSO, MR. WONG, I BELIEVE, IS IN THE AUDIENCE.

IF YOU HAVE ANY QUESTIONS REGARDING THIS ON BEHALF OF HIS CLIENT.

MAYOR, IF YOU COULD OPEN THE PUBLIC HEARING, PLEASE.

I OPEN THE PUBLIC HEARING AT 6:06.

AND I DO HAVE SPEAKER RICKY MARSHALL.

JUST STATE YOUR NAME FOR THE RECORD, PLEASE.

RICKY MARSHALL. IT'S RIGHT HERE.IN MY OWN MIND. I LIVE ON LIVE OAK LANE RIGHT THERE BY THE RV PARK.

I MEAN, MY HOME BACKS UP RIGHT TO IT.

I'M JUST CONCERNED ABOUT THE ANNEXATION.

AM I BEING ANNEXED? I AM NOT? TONY. OKAY, THEY WERE SAYING SOMETHING ABOUT THIS 300 FEET.

SO THAT'S JUST FOR US TO NOTIFY YOU.

SO YOU'LL KNOW WHAT'S GOING ON.

IT'S NOT AFFECTING YOUR PROPERTY.

THIS IS A REQUEST ON BEHALF OF THE JELLYSTONE PROPRIETOR.

SO YOUR PROPERTY IS NOT BEING TOUCHED BY THE ANNEXATION AT ALL.

BEFORE THERE WAS COMPLAINTS OR WHATEVER ABOUT NOISE, AND REALLY IT'S NOT BAD AT ALL.

I THOUGHT WHEN IT FIRST WAS GOING TO BE BUILT, IT WAS GOING TO BE TERRIBLE.

A LOT OF NOISE, PARTYING, YOU KNOW, BEER CANS OVER THE FENCE AND ALL THAT KIND OF STUFF, BUT IT HADN'T BEEN BAD AT ALL.

I'M JUST KIND OF CONCERNED MAYBE ABOUT TRAFFIC.

[CHUCKLING] CONCERN ABOUT TRAFFIC ON 602 BECAUSE THEY'VE PUT A DRIVEWAY THERE.

THERE'S NO GATE OR ANYTHING AS OF RIGHT NOW, BUT I'M SURE THERE'S GOIN TO BE A LOT OF TRAFFIC AND THAT'S A PRETTY NARROW ROAD AND CAMPERS AND STUFF, BUT LIKE I SAID BEFORE, WHEN I WAS HERE, I MEAN, I LOVE MY HOME.

I LOVE WHERE I LIVE. DO YOU THINK THAT'S A MAINTENANCE GATE OPENING OR IS THAT GOING TO BE--I DON'T KNOW.

IT COULD BE BECAUSE THERE'S NO HOW'S THE LIGHTING? AT ONE TIME, THERE WAS A PROBLEM WITH LIGHTING SHINING ON THE RESIDENTIAL.

HAS THAT BEEN FIXED? IT'S A LOT BETTER.

THERE'S JUST A FEW LOTS ON NOW.

THEY DON'T HAVE ALL 40,000 OF THEM ON.

IT'S A WHOLE LOT BETTER.

OKAY, THAT'S GOOD.

I MEAN, IT'S. IT'S BETTER.

I JUST WAS REALLY CONCERNED ABOUT BEING ANNEXED.

THAT'S NOT A PROBLEM.

OKAY, THANK YOU, SIR. YES, SIR.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE COUNCIL ON THIS? I LIVE ON CEDAR LANE, WHICH IS ONE ROAD OVER FROM LIVE OAK, SO THE LIGHTING DOESN'T DIRECTLY AFFECT MY HOUSE UNLESS YOU'RE LOOKING IN THE DISTANCE AND YOU SEE THE BIG PIRATE SHIP. HOWEVER, THE LIGHTING FOR THE NEW DEVELOPMENT ON 602 IS BLINDING, AND THAT IS A CURVE ON 602 RIGHT THERE AND IT'S DISTRACTING.

602 IS BAD ENOUGH. THERE'S NO SPEED CONTROL.

NOBODY'S WATCHING THAT, AND SO THE LIGHTS THAT THEY'VE PUT ON THIS NEW DEVELOPMENT ARE VERY BRIGHT, AND I DON'T KNOW WHETHER THAT'S GOING TO BE GRANDFATHERED IN ONCE THEY GET ANNEXED OR WHETHER YOU'RE GOING TO DIM THE LIGHTS LIKE YOU WERE SUPPOSED TO DO WITH THE PIRATE SHIP.

SO I WOULD LOVE TO KNOW WHAT THAT ANSWER IS, AND IS THAT GOING TO BE AN ENTRANCE ON 602? BECAUSE 602 IS NOT WIDE ENOUGH FOR RVS.

LOTS OF CARS GOING DOWN THERE.

I DON'T KNOW IF THAT'S AN EVENT CENTER RIGHT THERE.

IT SAYS IT'S A RUSTIC BARN ON THE MAP, BUT WHAT IS IT AND ARE YOU GOING TO USE IT FOR EXIT ONLY OR IS IT GOING TO BE AN ENTRANCE? AND THEN WE'VE GOT A SAFETY CONCERN ON 602.

IS THAT AN ASPHALT ROAD? YES, IT IS, AND IT'S NARROW.

IT'S JUST A REGULAR COUNTY ROAD, AND THERE'S A CURVE RIGHT THERE WHERE THIS DEVELOPMENT HAS THE DRIVEWAY.

SO IT'S NOT A STRAIGHT LINE.

OKAY. THANK YOU. I'M GLAD I DON'T LIVE ON 602 BECAUSE I KNOW YOU'RE ON LIVE OAK, BUT THAT IS VERY BRIGHT AND I GUESS YOU HAVE TREES AND YOU'RE LUCKY THAT THE LIGHTS AREN'T COMING IN YOUR BACKYARD , BUT AND WE'VE SEEN PEOPLE WALKING AROUND AND I THINK THAT THE NOISE ISN'T A PROBLEM YET BECAUSE IT'S NOT FINISHED.

SO I THINK THAT ALL HAS TO BE ADDRESSED AND THOUGHT OF FOR THE FUTURE.

[00:40:03]

TONY, ARE WE ANNEXING PART OF 602? WE ARE, BUT JUST THAT PORTION THAT IS DIRECTLY ADJACENT TO THE PROPERTY, AND WITH REGARD TO LIGHTING, THERE ARE LIGHTING STANDARDS IN THE PLANNED DEVELOPMENT FOR THIS PROPERTY.

SO I HAVEN'T PERSONALLY BEEN OUT THERE TO SEE WHAT LIGHTING IS CURRENTLY IN PLACE NOW, BUT WE'LL HAVE TO WORK WITH THE OWNER BECAUSE WE'VE GOT STANDARDS THAT ARE APPLICABLE TO THE SITE. THAT'S EXACTLY WHAT I WAS WONDERING, TOO.

I'VE STAYED OUT THERE, MY FAMILY STAYED OUT THERE THIS LAST FALL AND THE LIGHTS ARE SO BRIGHT.

I REALLY DON'T KNOW.

I ASKED THIS EXACT SAME QUESTION TO BRIAN OF LIKE, WHAT ARE OUR STANDARDS AND HOW DO WE GET THAT? I MEAN, THE LIGHTS ON THE SHIP AND I ASSUMED THE LIGHTING BACK THERE.

I GOT TO SEE SOME OF THIS, LIKE I TOLD BRIAN ABOUT THE WAGONS THAT I SAW OUT THERE.

IT SEEMS TO BE SUCH A HIT TO HAVE ALL THESE DIFFERENT, UNIQUE STAYING EXPERIENCES, WHICH IS FUN FOR FAMILIES, BUT I'M WORRIED.

I THOUGHT THE LIGHTING HAD TO DO WITH LIKE SAFE CONSTRUCTION ZONE.

I'M CURIOUS IF THAT'S PERMANENT AND THEN I'D BE CURIOUS.

I REALLY HAVE PAUSE LIKE THEY REALLY TRY TO KEEP A PULSE ON WHAT'S GOING OUT THERE, THOSE THAT LIVE AROUND IT, THEY'RE REALLY STRICT ABOUT THE NOISE.

THEY GIVE YOU ALL KINDS OF PAPERWORK AND REMINDERS THAT EVERYTHING HAS TO STOP AT LIKE 10:00, I THINK.

SO THAT IS GOOD, AND I APPRECIATED THAT AS A MAMA OF LITTLES, THAT THEY REQUIRED EVERYONE TO GET BACK.

LIKE YOU COULDN'T HAVE LOUD MUSIC, YOU COULDN'T HAVE THE FIRES GOING.

THERE WERE A LOT OF RULES AS FAR AS LIKE WHEN YOU HAVE TO SHUT THINGS DOWN.

SO HOPEFULLY THAT WILL GIVE YOU SOME ASSURANCE THAT IT WON'T GET TOO CRAZY OVER THERE, BECAUSE I THINK IT'S VERY FAMILY ORIENTED AND IT'S NOT IT'S NOT THE WILD AND CRAZY, AT LEAST NOT WHERE WHAT I SAW, AND I WAS THERE DURING HALLOWEEN AND IT WAS FUN FOR KIDS AND VERY ENJOYABLE, BUT I HAVE A HARD TIME THINKING THAT 602 WOULD BE AN EXIT.

SO I'D LIKE TO CHECK ON THAT TOO, BECAUSE THAT IS JUST NOT I DON'T SEE IT HAPPENING BECAUSE THEY LIKE TO KEEP A PULSE ON EVERYTHING.

THEY WANT YOU GOING THROUGH THE FRONT ENTRANCE SO THEY CAN TAG WHAT CARS ARE THERE, ARE YOU TAKING UP ANY MORE PARKING SPOTS THAN YOU ARE IN YOUR CONTRACT FOR? BUT JUST SOMETHING TO THINK ABOUT AS FAR AS LIKE ARE THEY GOING TO HAVE BIG TRUCKS MOVING THROUGH THAT PACK EXIT BECAUSE THAT ROAD REALLY CAN'T HANDLE THAT KIND OF-- SO I APPRECIATE YOU BRINGING THOSE ISSUES FOR THEM AND THEY'RE NOT TURNING.

I THINK I SAW SOMETHING IN PRESENTATION THAT SAID THE LIGHTS GO OFF AT 10 OR 11 AND THAT'S NOT HAPPENING CURRENTLY.

NOW, WHETHER WHEN THEY'RE ANNEX THAT HAPPENS BUT THEY DON'T GO OFF ON THE OTHER PARTS OF THE PARK.

I KNOW THE PIRATE SHIP STAY ON ALL NIGHT.

THEY DO, AND IT IS BRIGHT.

YES. SO I AGREE WITH YOU, AND I HAD THAT QUESTION MYSELF AND THE LIGHTS ON THIS NEW DEVELOPMENT, IT'S LIKE A FOOTBALL FIELD; THEY'RE THAT TALL.

EVERYONE'S SAFE, BUT IF IT STAYS, I CAN UNDERSTAND THAT RESERVATION.

THERE IS A RETROFIT REQUIREMENT AS PART OF THE PLANT DEVELOPMENT REGULATIONS THAT BASICALLY GIVE IT A ONE YEAR COUNTDOWN.

ESSENTIALLY, ONCE WE APPLY THE ZONING TO THE SITE, THEY HAVE TO BRING THE LIGHTS AND CONFORM IT.

SO DEPENDING ON COUNCIL ACTIONS TONIGHT WE'LL WORK WITH THE PROPERTY OWNER TO GET THESE LIGHTS IN A WAY THAT THEY MATCH THE CODE.

RIGHT NOW WE HAVE NO CONTROLS AND THE DEVELOPMENT HAS NOT YET OCCURRED ON THIS ZONE HERE , BUT WE DO HAVE THAT REQUIREMENT, AND I UNDERSTAND THAT ONCE IT'S ANNEXED, THAT'S PROBABLY A GOOD THING BECAUSE WE WILL HAVE THOSE BOUNDARIES, BUT A LOT OF STUFF IS GRANDFATHERED IN.

I MEAN, THE OTHER PARTS ARE ANNEXED AND THEY'RE NOT TURNED OFF AND YOU JUST SEE THESE--LUCKILY, I'M CLOSER TO 602, SO IT'S NOT IN MY BACKYARD, BUT ALL OF MY NEIGHBORS, THEIR BACKYARDS ARE LIT UP ALL NIGHT LONG, AND THEN THE NOISE OF THE TRAM GOING AROUND BLASTING MUSIC WITH THE KIDS ON THE TRAIN, IT'S JUST IT'S RIDICULOUS, AND THERE SHOULD BE NOISE ORDINANCES AND THERE SHOULD BE LIGHTING, AND THEN THE PEOPLE ON LIVE OAK, MY UNDERSTANDING IS YOUR FENCE GOT TORN DOWN.

IF IT WAS A BARBED WIRE, IT GOT DESTROYED.

THAT HASN'T BEEN REPLACED.

THERE'S NO PRIVACY FROM THIS CAMPER BACKING UP TO YOUR PROPERTY, AND THERE'S JUST BEEN PROBLEMS. WE'LL GET OUR NEIGHBORHOOD SERVICES DEPARTMENT INVOLVED IF IT IS ANNEXED AND WE APPLY THE ZONING AGAIN, THAT GIVES US GREATER CONTROLS IN TERMS OF WHAT'S GOING ON OUT THERE AND ALLOW MS. DUELLO'S DEPARTMENT TO GO OUT AND TAKE A LOOK AND INSPECT THE PROPERTY TO MAKE SURE IT'S IN CONFORMANCE WITH OUR PD STANDARDS.

MR. WONG COULD YOU PLEASE ANSWER THE QUESTION ON THAT GATE ON 602 FOR US, IF THAT'S GOING TO BE A MAINTENANCE GATE? AND THANK YOU, BY THE WAY. I APPRECIATE EVERYTHING YOU DO FOR US IN THE COMMUNITY.

THANK YOU, I APPRECIATE IT.

FOR THE RECORD, MY NAME IS FELIX WONG.

[00:45:01]

ADDRESS AT 2604 ABERDEEN DRIVE, ARLINGTON, TEXAS.

IT'S MY PLEASURE TO BE APPEARING IN FRONT OF THE MAYOR AND CITY COUNCIL AND ANSWER QUESTIONS.

I WAS HERE LAST IN 2019 DURING THE ANNEXATION AND THE ZONING, AND WE KNOW WHAT HAPPENED BETWEEN THEN AND NOW.

THE GATE FIRST.

IT OPENS TO A [INAUDIBLE] MAINTAINED BY THE COUNTY, AND JELLYSTONE, JUST LIKE EVERYBODY, PAYS TAX TO US, TO THE COUNTY.

IT IS TRUE THAT THEY WANT TO KEEP A CLOSE TAB ON PEOPLE'S CIRCULATION, CHECKING IN AND CHECKING OUT OF THE PLACE, AND FOR PRACTICAL PURPOSES, MOST OF THEIR CUSTOMERS, SOME OF THEM ARE LOCAL, BUT MOST ARE FROM OUT OF TOWN VISITING FAMILY OR JUST SPENDING HOLIDAYS, SO THEY LEAVE ON THE INTERSTATE GOING ON THE COUNTY ROAD FIRST BEFORE [INAUDIBLE] AS WELL AS COMING THROUGH THE FRONT ENTRANCE DIRECTLY ON THE INTERSTATE IS JUST COUNTERPRODUCTIVE FOR PEOPLE WHO ARE HAVING TO GO ON THE HIGHWAY TO GO NORTH OR SOUTH.

SO IT JUST DOESN'T MAKE SENSE FOR MOST OF THE CUSTOMERS.

I CAN'T SWEAR TO 100%, BUT 99% OF CUSTOMERS, IT'S COUNTERPRODUCTIVE FOR THEM TO GET ON THE COUNTY ROAD FIRST, TO TRY TO GET TO AN INTERSTATE AS WELL AS HEADING STRAIGHT FOR THE EXIT THAT CONNECTS TO THE [INAUDIBLE].

THE GATE IS AN AUXILIARY GATE, MEANING THAT IT'S CERTAINLY NOT WHERE THE RV AND THE CUSTOMERS ARRIVE BECAUSE THAT'S NOT WHERE THEY CHECK IN.

THAT'S NOT WHERE--THE GIFT SHOP IS, WHERE THEY SPEND MONEY.

SO IT'S AN AUXILIARY GATE, IT WON'T BE LOCKED.

I DON'T WANT TO GET THE IMPRESSION THAT IT'S A GATEWAY THAT PEOPLE ARE COMING AND GOING ON A REGULAR BASIS.

SINCE [INAUDIBLE], I MIGHT SAY SOMETHING.

I KNOW THAT IN THE PAST WE'VE RECEIVED COMMENTS THAT THIS IS LIKE THE ANIMAL HOUSE, A FRATERNITY PARTY.

THAT'S REALLY NOT THE CASE.

MOST OF THEIR CUSTOMERS HAVE YOUNG CHILDREN, AND IF YOU TURN THE PLACE INTO SOMETHING LIKE THAT, YOU'RE GOING TO LOSE MONEY; EVENTUALLY, YOU'RE GOING TO LOSE CUSTOMERS.

SO FOR THEIR OWN SELF-INTEREST, THEY ARE NOT GOING TO CONDUCT THE PLACE LIKE IT IS PARTY ALL NIGHT BEYOND 10:00 P.M..

IT'S JUST LIKE LA QUINTA OR HOLIDAY INN.

I MEAN, HOW WOULD YOU LIKE IT IF YOU STAY THERE AND THEN YOU'RE BEING KEPT UP ALL NIGHT BY LOUD MUSIC AND LOUD CONVERSATION AND BRIGHT LIGHTS? YOU'RE NOT COMING BACK.

SO THEY WOULD NOT CONDUCT A PLACE LIKE THAT.

CONTRARY TO WHAT WAS MENTIONED TO YOU.

THEY KEEP A TIGHT CONTROL ON WHAT IS GOING ON IN THE PLACE BECAUSE THEIR BREAD AND BUTTER IS SELLING LODGING OVERNIGHT LODGING WHERE PEOPLE HAVE TO HAVE A GOOD, PEACEFUL NIGHT OF SLEEP.

ANYBODY ELSE? THANK YOU, SIR. WELCOME.

MAYOR, IF YOU COULD CLOSE THE PUBLIC HEARING.

I'LL CLOSE THE HEARING AT 6:19.

IS THERE A MOTION ON THIS? I MOVE TO APPROVE.

MOTION BY JIMMY AND SECOND BY RONNIE.

PLEASE VOTE. MOTION PASSES UNANIMOUS.

OKAY, MAYOR AND COUNCIL.

[C. 2301 S. Burleson Boulevard, North Texas Jellystone Park (Case 22-024): Hold a public hearing and consider approval of an ordinance amending ordinance B-582, the zoning ordinance of the City of Burleson, Texas, by amending the official zoning map and changing the zoning on approximately 44.36 acres from defaulted “A”, Agriculture to “PD”, Planned Development District, making this ordinance cumulative of prior ordinances, providing a severability clause; providing a penalty clause, and providing for an effective date. (First and Final Reading) (Staff Presenter: Tony McIlwain, Director of Development Services) (The Planning and Zoning Commission recommended approval unanimously)]

THAT BRINGS US TO ITEM 6(C) 2301 SOUTH BURLESON BOULEVARD, NORTH TEXAS JELLYSTONE PARK, KS 22-024 THIS IS TO HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF AN ORDINANCE AMENDING ORDINANCE B5-82 THE ZONING ORDINANCE OF THE CITY OF BURLESON BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON APPROXIMATELY 44.36 ACRES FROM A DEFAULTED A AGRICULTURAL TO A PD PLANNED DEVELOPMENT DISTRICT.

THIS IS BEFORE COUNCIL ON FIRST AND FINAL READING.

THE STAFF PRESENTER TONIGHT AGAIN IS TONY MCELWAIN, DIRECTOR OF DEVELOPMENT SERVICES.

TONY. THANK YOU, MA'AM.

THIS IS, AS MR. CAMPOS MENTIONED, THE SECOND PART OF THIS ACTION TONIGHT COUNCIL.

THE GRAPHIC ON THE SCREEN IN FRONT OF YOU IS THE SAME SUBJECT TRACT THAT YOU JUST CONSIDER FOR VOLUNTARY ANNEXATION.

THIS, AGAIN, IS JUST THE OVERALL SITE PLAN THAT WAS PROVIDED TO YOU AND PRESENTED IN THE PREVIOUS ACTION, AND ZONE D IS WHERE WE'RE LOOKING AT NEW ACTIVITY TO OCCUR AS IT RELATES TO DEVELOPMENT ON THE SITE.

JUST ABOUT [INAUDIBLE] FAMILIARITY, AGAIN, SOME OF THE USES BEING PROPOSED IN ZONE D ARE LISTED ON THE SCREEN IN FRONT OF YOU TO INCLUDE POOLS, WAGON CAMPING, RV SITES AND MINI GOLF, AMONG OTHER USES.

THIS SLIDE, OF COURSE, IS FAMILIAR TO YOU.

[00:50:03]

WE JUST DISCUSSED WHAT JELLYSTONE'S RESPONSIBILITIES ARE PER THE DEVELOPMENT AGREEMENT, AS WELL AS CITY INCENTIVES BEING OFFERED, AND THEN THE BENEFITS OF THE AGREEMENT TO THE CITY, AND WE TOUCHED ON SOME OF THESE IN A PREVIOUS PUBLIC HEARING, BUT SOME OF THE ISSUES THAT WERE RAISED REGARDING SCREENING, LIGHTING, ACCESS, MANAGEMENT CONTROLS BECOME MORE TANGIBLE.

THIS PROPERTY IS IN THE CITY LIMITS AND ALLOWS THE CITY AUTHORITY TO LOOK AT THESE ITEMS UNDER THE DISCERNMENT OF THE CITY'S REGULATIONS.

WE NOTIFIED PROPERTY OWNERS WITHIN 300 FEET OF THE ZONING CHANGE REQUEST FOR THE SITE AND POSTED SIGNS ON THE PROPERTY.

SO, JUST HITTING ON SOME OF THE PLANNED DEVELOPMENT HIGHLIGHTS, THE EXISTING STRUCTURES AND OPERATIONS REMAIN.

THIS SITE IS EXEMPT FROM THE INTERSTATE HIGHWAY 35 OVERLAY DESIGN CRITERIA.

IT'S ALSO EXEMPT FROM PARKING REGULATIONS AND TEMPORARY USE REGULATIONS.

HOWEVER, ANY EXPANSION OF ANY STRUCTURE BY MORE THAN 50% OF THE VALUE OF THE STRUCTURE WILL REQUIRE COMPLIANCE WITH ALL CODES, INCLUDING SUBMISSIONS OF SITE PLANS.

SO STAFF [INAUDIBLE] MYSELF WILL EVALUATE DISPUTES RELATED TO ORDINANCE APPLICABILITY AND DETERMINE WHETHER COMMERCIAL SITE PLANS ARE REQUIRED AND FORWARD IT TO CITY COUNCIL.

TO THE EXTENT POSSIBLE, WE'LL WORK WITH THE PROPERTY OWNER, BUT REST ASSURE COUNCIL, IF WE CAN'T COME TO AN AGREEMENT, WE WILL BRING IT FORWARD FOR YOUR CONSIDERATION.

WHAT WILL BE REQUIRED FOR ANY NEW CONSTRUCTION IS A CERTIFICATE OF OCCUPANCY.

THAT'S FOR ANY FUTURE USE BEING PROPOSED AND SUBMISSION OF A SITE PLAN WITHIN 90 DAYS TO ALLOW US TO CATALOG ESSENTIALLY AN INVENTORY OF THE EXISTING USES.

STAFF WENT THROUGH AND PUT IN SOME OF THE CRITERIA THAT ARE REQUIREMENTS AND CRITERIA OF THE PLANNED DEVELOPMENT AS IT RELATES TO NOISE.

WE CONSIDERED THE PROPERTY TO BE COMMERCIAL.

LIGHTING, WE'VE GOT THE LIGHTING STANDARDS THERE ON THE SCREEN.

WE'LL LISTEN TO SOME OF THE COMMENTS FROM THE PREVIOUS ITEM I THINK IT'S SOMETHING THAT WILL GO AND EVALUATE WITH THE PROPERTY OWNER.

BUFFERS TEN FEET ON THE SITE, TRANSITIONAL SCREENING, MINIMUM HEIGHT OF SIX FEET.

SO THERE WAS A MENTION OF A FENCE BEING REMOVED OR TORN DOWN.

IT'S MY UNDERSTANDING THAT THIS PROPERTY OWNER IS GOING TO UTILIZE TRANSITIONAL SCREENING IN THIS PARTICULAR CASE TO BE LANDSCAPING IN THE SPOTS THE AREAS CLOSEST AND MOST ADJACENT TO RESIDENTIAL USES.

AND THEN A FLEXIBLE CONSTRUCTION MATERIAL SCHEDULE AS ALLOWED BY THE BUILDING CODE.

SO LANDSCAPING, FLOODPLAIN REQUIREMENTS.

SO THERE'S NO EXEMPTION FROM THE FLOODPLAIN REQUIREMENTS.

IT APPLIES TO ALL PARTS OF THE PROPERTY.

HEIGHT LIMITATIONS AT 100 FEET.

A LOT OF WHAT WE HAVE OUT THERE IS WHAT WE CALL FANTASY ARCHITECTURE.

SO YOU GET TO SEE UNIQUE THINGS AND IT NEEDS TO BE SOME FLEXIBILITY TO ALLOW FOR THOSE TYPES OF USES SINCE IT'S AN AMUSEMENT THEME PARK, ESSENTIALLY.

AND SO THERE'S AN EXEMPTION FOR PARKING.

SO WE WANT TO BRING YOUR ATTENTION TO IS THE RESPONSIBILITY OF THE PROPERTY TO KEEP THE FIRE LINES CLEAR FOR EMERGENCY ACCESS.

SO THE BURDEN IS ON THE PROPERTY OWNER TO MAKE SURE THAT THIS VITAL SAFETY ELEMENT IS MET.

WE ARE REQUIRING ALL WEATHER SURFACE AND CONFORM WITH THE CITY'S DESIGN STANDARDS.

AND I'LL SPARE YOU FROM READING ALL OF THIS, BUT IT JUST GIVES YOU SOME MORE INFORMATION REGARDING TRANSITIONAL SCREENING.

ACCESS ROADS.

SO ACCESS ROADS THAT WE'RE REFERENCING ARE INTERNAL.

I KNOW THERE WAS SOME DISCUSSION ABOUT COUNTY ROAD 602.

IT'S ONLY A PIECE THAT WILL GET THROUGH THAT ANNEXATION.

AND SO HOLISTICALLY, WHEN YOU LOOK AT THE SYSTEM ITSELF, AS FAR AS THE TRAFFIC THAT IT CAN ALLOW, IT'S A COUNTY ROAD.

IT'S NOT GOING TO FUNCTION AT A LEVEL OF SERVICE THAT WILL ALLOW FOR A GREAT DEAL OF TRAFFIC UPTICK.

WHAT WE CAN DO IS LOOK AT THE ACCESS MANAGEMENT ONTO THE SITE AND SEE WHAT WE CAN BEST DO IN TERMS OF MITIGATING THINGS SUCH AS TURNING MOVEMENTS AS YOU LEAVE THE PROPERTY.

AND THAT WILL BE DONE THROUGH OUR PUBLIC WORKS ENGINEERING DEPARTMENT.

SO FLATWORK ALLOWS FOR GRADING AND CLEARING, BUT WE NEED TO HAVE THAT PLAN 30 DAYS IN ADVANCE.

SO BY WAY OF WHAT HAS HAPPENED ON THE SITE, BY THE WAY, OF WHAT HAS HAPPENED PREVIOUSLY WITH THE VOTE, RATHER, THE P&Z RECOMMENDED APPROVAL UNANIMOUSLY.

[00:55:06]

TWO SPEAKERS WERE THERE.

THEY SPOKE, AND THEIR CONCERNS WERE WITH SCREENING AND FUTURE IMPACTS TO ETJ PROPERTIES.

STAFF IS SUPPORTIVE OF THE REQUEST TO ZONE A PROPERTY TO PLANNED DEVELOPMENT FROM ITS CURRENT DESIGNATION OF AG.

AND FOLLOWING YOUR OPENING CLOSING OF THE PUBLIC HEARING, WE'RE RECOMMENDING APPROVAL OF THE ZONING REQUEST COUNCIL, AND I'LL TAKE ANY QUESTIONS THAT YOU MAY HAVE AT THIS TIME. MAYOR, CAN YOU OPEN THE PUBLIC HEARING, PLEASE? OPEN THE PUBLIC HEARING AT 6:26.

I DID HAVE A SPEAKER CARD FROM RICKY MARSHALL AGAIN ON THIS ITEM.

WOULD YOU CARE TO SPEAK AGAIN, MR. MARSHALL? NO.

THANK YOU, MR. MARSHALL.

THAT'S ALL THE SPEAKER CARDS I HAVE.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE COUNCIL ON THIS ITEM? I'M THINKING WORST CASE SCENARIO.

I WOULD LIKE TO KNOW IF THEY'RE ANNEXED AND I'M THINKING OF WHAT POSSIBLY COULD THEY ADD OUT THERE THAT THEY DON'T ALREADY HAVE.

AND I'M THINKING ZIP LINE AND TO GET FROM BECAUSE OUR TWO STREETS ARE SURROUNDED BY YOGI BEAR PARK.

BEING ANNEXED, WOULD THAT PROHIBIT THEM FROM PUTTING A ZIP LINE ON ONE CORNER OF THEIR PROPERTY TO GET TO THE OTHER SIDE AND GO OVER OUR HOMES? I CAN SEE THAT HAPPENING.

THAT MAY NOT BE IN THEIR PLAN, BUT WORST CASE SCENARIO, THAT WOULD BE A NIGHTMARE FOR US.

SO NOT TO RUIN YOUR MONDAY EVENING, BUT ZIP LINE IS SOMETHING THAT THEY HAVE AS A PERMITTED USE.

YEAH. WE'VE NOT HAD ANY DISCUSSIONS WITH THEM ABOUT THAT.

BUT YOU'RE BRINGING THIS TO OUR ATTENTION.

WE'LL TAKE A CLOSE LOOK AT THAT.

WE DON'T WANT TO ENCOURAGE ANY ACTIVITY THAT WOULD TAKE SOMEBODY OUT OF THE CONFINES OF THE PARK.

SO WHEN YOU TALK ABOUT GOING THROUGH SOME AERIAL CROSSING OVER PROPERTY, THAT IS NOT UNDER THE SOLE OWNERSHIP OF THE PARK, THAT CAUSES ANY NUMBER OF CONCERNS.

SO I THINK IF THE ZIP LINE IS PROPOSED, THAT'S SOMETHING WE'LL TAKE A GOOD, HARD LOOK AT FOR SURE.

BUT DOES BEING ANNEXED? IS THERE SOMETHING IN THE CITY GUIDELINES THAT WOULD PROHIBIT THEM FROM DOING THAT? THEY MAY THINK IT'S A CONCERN, BUT THEY MIGHT STILL DO IT.

I MEAN, THEY HAVEN'T REALLY CARED ABOUT US LATELY SO.

[LAUGHTER]. UNDER TEXAS LAW, THEY WILL ONLY BE PERMITTED TO CONDUCT THEIR OPERATIONS ON PROPERTY THAT THEY OWN.

AND IN TEXAS, THAT INVOLVES THE ABOVE YOUR LAND RIGHTS, THE AVIATION RIGHTS ABOVE YOUR PROPERTY.

IF THEY WERE GOING TO ATTEMPT TO INSTALL A ZIP LINE, IT WILL HAVE TO LIE ENTIRELY WITHIN THE BOUNDARIES OF THE FOOTPRINT OF THE LAND THAT THEY OWN.

THEY CANNOT CROSS SOMEONE ELSE'S PROPERTY.

THAT'S GREAT. I DIDN'T KNOW THAT.

SO THAT'S WONDERFUL NEWS.

THANK YOU. ANYBODY ELSE? IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE COUNCIL? YOU JUST COME HERE AND JUST STATE YOUR NAME, PLEASE.

MY NAME IS CECELIA MARSHALL, AND RICKY IS MY HUSBAND.

WE LIVED AT OUR PROPERTY FOR OVER 30 YEARS NOW.

WE'VE SEEN EVERYTHING GROW UP AROUND THERE AND EVERYTHING, AND WE DON'T HAVE A PROBLEM WITH JELLYSTONE.

MY CONCERN IS, IS THAT WE'VE ALREADY DONE OUR PART AS TO KEEP A SIX FOOT BARRIER BETWEEN US AND THEM, BECAUSE, YOU KNOW, OF COURSE, THEY CAN SEE RIGHT BEHIND SEE OUR BACKYARD BECAUSE WE LIVE DIRECTLY BEHIND IT ON 602 OR LIVE OAK.

SO MY [INAUDIBLE] AND WE'VE ALREADY DUG A TRENCH BECAUSE WHEN IT RAINS, WE GET THE WATER IN OUR BUILDINGS, IN OUR SHOPS.

AND SO WE HAD TO DIG OUR OWN TRENCHES TO KEEP THE WATER FROM BUILDING UP.

SO WE'VE ALREADY HAD SOMEONE COME OUT AND OF COURSE THEY LOOKED AT IT, YOU KNOW, WE DIDN'T HAVE A CHOICE.

WE HAD TO DO OUR OWN.

MY CONCERN IS THERE'S A LOT OF HOUSES ON LIVE OAK THAT HAVE CHAIN LINK FENCE.

THEY'RE NOT SIX FEET.

WE HAD TO BUILD OUR OWN, WHICH COSTS US A LOT OF MONEY TO BUILD OUR OWN.

WILL THEY BE ABLE TO AT LEAST BUILD TO KEEP, BECAUSE THE NOISE HAS HELPED ON OUR END WITH THE BARRIER THAT WE HAVE.

SO THERE ARE A COUPLE OF DIFFERENT OPTIONS.

SO TO ADDRESS YOUR QUESTION DIRECTLY IN CONVERSATIONS WITH MR. WONG, THE PROPERTY OWNERS INTENT IS TO MAINTAIN A 15 FOOT BUFFER, BUT IT'S GOING TO BE OF NATURAL VEGETATION AND LANDSCAPING OF A MINIMUM OF SIX FEET IN HEIGHT.

SO AT THIS POINT IN TIME, WE'RE UNAWARE OF THE INTENT FOR THEM TO CONSTRUCT A MANMADE MATERIAL UP AGAINST THE FENCE LINE.

SO FENCE, THAT'S SOMETHING THAT THEY'VE NOT DISCUSSED DOING IT IS SOMETHING THEY COULD DO IF THEY WANT IT TO.

[01:00:04]

BUT RIGHT NOW THEY'RE PURSUING THE OPTION OF THE NATURAL LANDSCAPE BUFFER.

I DON'T HAVE A PROBLEM WITH LANDSCAPING BECAUSE WE HAD THOUGHT ABOUT THAT AT ONE POINT, BUT FOR US WE JUST DIDN'T WANT PEOPLE LOOKING INTO OUR PATIO. SURE. OR WHATEVER WHEN WE'RE OUT THERE IN THE BACK AND STUFF.

AND I KNOW OUR NEIGHBORS AROUND THERE ALSO FEEL THE SAME WAY.

YES. AND OF COURSE, THEY PROBABLY DON'T HAVE THAT KIND OF MONEY TO BUILD SOMETHING OUT THERE FOR THEMSELVES.

AND I KNOW THEY GET A LOT OF LIGHT.

AND, YOU KNOW, AND LIKE I SAID, WE DON'T HAVE A PROBLEM WITH BECAUSE I'VE BEEN TO JELLYSTONE QUITE A FEW TIMES, I USE THEIR EVENT CENTERS, YOU KNOW, NO PROBLEM.

BUT I'M JUST LOOKING OUT FOR JUST ALL OF US IN THAT AREA, THAT FACE, OF COURSE, THE BRIGHT LIGHTS AND EVERYTHING.

SURE. THAT'S ALL I'M ASKING IS JUST COULD THEY EVEN WOULD THEY EVEN CONSIDER IT? COULD THEY EVEN CONSIDER DOING THAT FOR US? LIKE I SAID, IT HAS HELPED WITH THE NOISE ON OUR END.

SURE. AND I'LL HAVE TO DEFER TO MR. WONG TO SPEAK ON BEHALF OF HIS CLIENT.

I JUST WANT TO CLARIFY.

THERE IS NO FENCE BETWEEN THE PROPERTIES, LIKE IT'S JUST NATURAL VEGETATION.

SO IF AS THIS GROWS AND WE HAVE TEEPEES AND WAGONS AND THE KIDS ARE RUNNING LOOSE, THEY COULD RUN LIKE RUN OUT OF THE JELLYSTONE PROPERTY, THEY COULD GO UNDERNEATH THE FENCES OR IN BETWEEN THE FENCES BECAUSE THE NEIGHBORS, THERE'S JUST SOME THAT DO HAVE THEIR OWN FENCES ALREADY BUILT.

BUT THE MAJORITY OF US OUT THERE DO NOT HAVE.

BECAUSE YOU PROBABLY HAVE LAND AND SO IT COSTS A LOT TO PUT A FENCE AROUND IT.

RIGHT. RIGHT. AND THAT WAS MY MAIN CONCERN IS BECAUSE THERE'S OTHER HOUSES DOWN THERE, YOU KNOW, WE CAN SEE, YOU KNOW, THE RV PARK FROM THEIR BACKYARD.

SO WE KNOW THAT, YOU KNOW, THEY JUST HAVE A CHAIN LINK FENCE BACK THERE.

SO AND WE'VE ALREADY HAD TO REPLACE OR WE'VE ALREADY HAD YELLOWSTONE REPLACE OUR FENCE A COUPLE OF TIMES BECAUSE WE HAD THEIR TREES FALL ONTO OUR PROPERTY BECAUSE THEY WERE OLD. SO WE HAD TO REPLACE IT.

WE HAD TO REPLACE IT FILE A CLAIM WHATEVER.

SO WE DID THAT.

THEY REPLACED OUR FENCING.

SO THAT WAS GREAT. I MEAN, IT TOOK A WHILE, BUT WE GOT IT DONE.

BUT NOT EVERYONE HAS HAD THAT LUXURY OF THEIR TREES FALLING ON YOUR PROPERTY WHERE YOU GET TO BENEFIT FROM FILING A CLAIM.

RIGHT. YES. WHICH WE HAD TO DO.

SO WHAT CAN WE DO ABOUT THAT? I THINK FOR THE SAFETY OF THOSE THAT ARE STAYING ON THIS PROPERTY AND FOR THE SAFETY OF THOSE THAT SURROUND IT AND FOR LIKE JUST POPULATION MANAGEMENT.

AND I HAVE CONCERNS ABOUT THERE NOT BEING A FENCE.

SURE. SO UNDER TEXAS LAW, SINCE THIS IS A PLANNED DEVELOPMENT ZONING DISTRICT, YOU CAN ATTACH TO THAT DISTRICT THOSE CONDITIONS THAT YOU THINK ARE ESSENTIAL IN ORDER TO ALLOW THE USE TO BE EFFECTIVELY AND SAFELY CARRIED OUT.

SO WE COULD ADD.

YOU COULD ADD IT, YOU'RE SIMPLY GOING TO HAVE TO DISCERN WHAT YOU WANT TO ADD.

SIMPLY A FENCE, A CYCLONE FENCE, A BARRIER, A WOODEN FENCE OR SOMETHING THAT IS A COMPLETE OPAQUE BARRIER.

BUT THE COUNCIL WOULD HAVE TO PROVIDE EXPRESS DIRECTION WITHIN THE TERMS OF THE PD ORDINANCE.

I CAN, FOR YOUR BENEFIT, READ WHAT'S CURRENTLY REQUIRED FOR THE EXISTING PLANNED DEVELOPMENT AS IT RELATES TO MAN MADE MATERIALS.

FENCING SHALL BE A MINIMUM OF SIX FEET IN HEIGHT AND CONSTRUCTED OF OPAQUE CONSTRUCTION MATERIAL CHAIN LINK FENCES WITH OPAQUE SLATS ARE PROHIBITED AND THEN IT GOES TO THE OPTION TO ALLOW FOR THE NATURAL OPTION WITH THE VEGETATION.

SO. THAT'S SOMETHING THAT'S CURRENTLY IN OUR CODE IN THE PLANNED DEVELOPMENT REGULATIONS RIGHT NOW.

BUT THE APPLICABILITY OF IT ON 44 PLUS ACRES, I DON'T KNOW WHERE THEY'RE EXISTING FENCES AND THEY'RE NOT EXISTING FENCES.

AND THE FENCES YOU'VE GOT A LOT OF TREE COVER OUT THERE.

AND SO IT'S NON SENSIBLE TO EXPECT THEM TO GO THROUGH THE TREES TO ERECT A FENCE IN THOSE INSTANCES WHERE YOU HAVE THICK TREE COVER.

BUT I THINK IN THOSE AREAS WHERE THERE ISN'T MUCH TREE COVER, IT'S THE WILL OF THE COUNCIL.

MY THINKING IS IT WOULDN'T NEED THE FULL 44 ACRES, BUT I WOULD LIKE TO SEE A SOLID BARRIER, IF YOU WILL, BETWEEN THE SOUTH SIDE AND LAKEWOOD.

AND THAT'S FOR BOTH YOU, MR. WONG, AND FOR THE PEOPLE ON LAKEWOOD.

AND THE REASON I SAY THAT IS YOU LOOK LIKE YOU'RE BUILDING SOME PRETTY FUN STUFF.

AND I CAN IMAGINE KIDS WILL FIND A WAY TO SNEAK INTO YOUR PLACE TO GET IN THERE AND PLAY AND HAVE A GOOD TIME, AND ESPECIALLY IF THERE'S NOTHING TO STOP THEM FROM GETTING IN BECAUSE A NICE BIG OPEN POOL, THEY'RE JUST GOING TO DO WHAT THEY'RE GOING TO DO.

SO THIS IS PROTECT YOU.

LIABILITY WISE.

AND TO PROTECT THE CITIZENS, TOO, I THINK IT'D BE NICE TO HAVE A SOLID BARRIER ON THAT SIDE JUST BETWEEN LAKEWOOD AND THE JELLYSTONE.

THAT'S MY THINKING. I WANT TO MAKE SURE WE'RE ALL TALKING ABOUT THE SAME BOUNDARY.

SO IT'S BETWEEN 602 ON THE EASTERN SIDE, DOWN THE WEST SIDE.

[01:05:05]

AND LIVE OAK IS THE LANE.

WOULD YOU LIKE US TO SWITCH OVER? CAN YOU SWITCH OVER, PLEASE JAMES? SO THAT THERE YOU GO.

TONY CAN YOU? THAT'S WHAT I'M THINKING. SO ALL THE WAY DOWN IN THE SOUTHERN BOUNDARY OF THE NEIGHBORHOOD THAT BACKS UP ON LIVE OAK LANE IS THE REQUEST.

OKAY. YES. I HEARD LAKEWOOD I JUST WANTED TO MAKE SURE I WAS GETTING IT RIGHT.

MY APOLOGIES. LIVE OAK.

DOES THAT SOUND SOMETHING REASONABLE, MR. WONG? WOULD IT BE? I KNOW I'M PUTTING YOU ON THE SPOT.

IT'S OKAY. I TOO HAD SEVERAL CONVERSATION WITH RONNIE BOWYER THE OWNER OF JELLYSTONE, ABOUT THIS VERY SUBJECT.

AND EVERY TIME I BRING IT UP AND HE HAD ALWAYS FAVOR A MORE NATURAL TREATMENT OF THE SCREENING BUFFER AS FAR AS VERSUS TO PUT UP MANMADE BARRIERS AND TAKE DOWN TREES, A FENCE ON TREES, JUST TO MAKE WAY FOR FENCE AND FENCE POSTS.

NOW, THERE ARE ALREADY EXISTING SOLID FENCES OUT THERE ALONG THE PROPERTY LINE OF THE NEIGHBORS.

SOME OF THEM ARE WOOD, SOME OF THEM ARE METAL, SOME OF THEM ARE CHAIN LENGTH AND WIRE FENCING.

SO IT BECOMES A SO CHOOSE TO IMPOSE A MINIMUM SIX FOOT BARRIER, OPAQUE.

WE NEED TO BE CLEAR THAT WE'RE NOT TALKING ABOUT THE ENTIRE LENGTH FROM POINT A TO POINT B, BUT SIMPLY PERHAPS JUST THE AREA WHERE THERE IS ABSENCE OF THE SOLID BARRIER THAT I MENTIONED, SO THAT WE'RE NOT TALKING ABOUT BUTTING UP AGAINST OTHER PEOPLE ALREADY EXISTING SOLID BARRIER OR TAKING IT DOWN AND PUTTING UP SOMETHING NEW.

I UNDERSTAND YOUR CONCERN ABOUT, YOU KNOW, KIDS CRAWLING INTO PEOPLE'S BACKYARD OR COMING INTO OUR SIDE.

ALL THE FUN STUFF IS ON OUTSIDE, NOT IN PEOPLE'S BACKYARDS.

I DON'T SEE PEOPLE GOING INTO KIDS GOING INTO PEOPLE'S BACKYARDS.

BUT I UNDERSTAND WHERE YOU'RE COMING FROM AND THE CONCERN.

THERE ARE A LOT OF THE LATEST BUILDING CLOSE TO COUNTY ROAD 602 THAT IS A WEDDING VENUE.

IT'S A HIGH CLASS WEDDING VENUE FOR BRIDES AND GROOMS. SO THEY HAD A UNFORTUNATE INCIDENT OF HAVING A LOT OF VANDALISM AND THEFT OF MATERIAL, CONSTRUCTION MATERIAL ON SITE.

SO IT IS CURRENT LIGHTING NEAR THE ENTRANCE.

I'M SURE THAT IT'S JUST FOR SECURITY PURPOSES.

IT'S NOT INTENDED TO BE THERE FOREVER BECAUSE THAT WEDDING VENUE IS A HIGH COST VENUE FOR PEOPLE COMING AND HOLDING THEIR WEDDINGS.

THE INHERENT DIFFICULTY WITH THE REQUIREMENT OF THE OPAQUE FENCING, WHICH IT'S THE COUNCIL CAN CHOOSE WHAT IT WANTS TO DO.

YOU JUST NEED TO BE VERY CLEAR WHO IS RESPONSIBLE TO INSTALL IT AND WHERE IS IT TO BE INSTALLED.

THE DIFFICULTY IS, OF COURSE, WOOD FENCES HAVE A DEFINITIVE LIFE IN TEN, 12, 14 YEARS THEY START FAILING.

WHOSE RESPONSIBILITY WILL IT BE TO MAINTAIN OR REPLACE THE FENCES? AND IF YOU'RE GOING TO PUT THAT BURDEN ON JELLYSTONE.

THE PD MOTION SHOULD CLEARLY ESTABLISH WHO IS RESPONSIBLE FOR THAT SO THE STAFF DOESN'T GET CAUGHT LATER TRYING TO DECIDE WHO TO HOLD ACCOUNTABLE.

IF I MAY, I MEAN, IT WILL BE THE JELLYSTONE'S RESPONSIBILITY, WHETHER IT'S NATURAL LANDSCAPING OR MANMADE SCREENING.

ONE IS A PARAGRAPH UNDER TRANSITIONAL SCREENING IS, IT SAYS IT SHALL BE THE RESPONSIBILITY OF THE MORE INTENSE ZONING OR THE MORE INTENSE LAND USE, WHICH WILL BE JELLYSTONE.

WE PUT A LOT OF WORK INTO THE EXISTING PLAN DEVELOPMENT REGULATION IN 2019, SO THEY WILL COVER ALL BASES SUCH AS THIS.

I WOULD BE COMFORTABLE AS LONG AS IT FILLED IN THOSE LESSENING GAPS.

I JUST CAN'T. I DON'T KNOW.

IT'S HARD FOR ME. I'M SUCH A VISUAL PERSON.

IT'S HARD FOR ME TO IMAGINE WHAT IT TREES CAN STILL BE SNUCK AROUND AND THROUGH, BUT AT THE SAME TIME I DON'T WANT TREES REMOVED TO PUT UP A FENCE, SO I DON'T KNOW WHAT THE.

I KNOW ON THINGS LIKE THIS, WE HAVE A DEADLINE, RIGHT, OF SO MANY DAYS WE HAVE TO APPROVE.

IS THAT RIGHT, ALAN? THAT'S FOR SUBDIVISION PLANNING AND ZONING.

WE HAVE THE TIME THAT THE COUNCIL FEELS IT NEEDS IN ORDER TO MAKE A DECISION.

I NEED SOME OPTIONS AND AN OPTION THAT THE COUNCIL COULD CONSIDER.

[01:10:01]

I DON'T ALWAYS RECOMMEND IT BECAUSE IT PUTS THE STAFF IN A BOX.

BUT YOU COULD APPROVE THE ZONING CHANGE WITH THE DIRECTION THAT THE CITY STAFF, THE PUBLIC WORKS NEIGHBORHOOD SERVICES.

SOMEONE SHALL IDENTIFY FOR THE DEVELOPER WHERE FENCES ARE TO BE INSTALLED BASED UPON COMMUNITY STANDARDS.

IT COULD EVEN GO TO PARKS AND REC THAT THEY COULD DECIDE WHERE FENCES NEED TO BE INSTALLED TO APPLY THE BARRIER.

AND THEN THEY CAN MAKE A CASE BY CASE DETERMINATION.

IF, BECAUSE OF THE TOPOGRAPHY OR THE EXISTING TREE MASS, IT'S NOT NECESSARY OR FEASIBLE TO INSTALL A FENCE THERE.

BUT IN OTHER AREAS IT COULD BE DONE, WHICH YOU WOULD HAVE TO DESIGNATE WHO WOULD BE RESPONSIBLE TO DO THAT, WHETHER THE CITY WOULD DO IT, AND THEN THE CITY MANAGER WOULD DECIDE WHO ON HIS STAFF, BUT THE CITY STAFF WOULD DETERMINE WHERE THE FENCING IS NECESSARY TO PROTECT THE INTERESTS OF ADJOINING PROPERTY OWNERS AND AS WELL AS THE LIGHTING.

MY OTHER QUESTION WAS GOING TO BE THE LIGHTING.

YOU REALLY NEED TO SET AN EMPIRICAL STANDARD, THE NUMBER OF LUMENS, WHATEVER THE MEASUREMENT IS, BECAUSE UNFORTUNATELY LIGHTING IS DIFFERENT FOR EVERY VIEWER. SOME PEOPLE ARE MORE SENSITIVE TO LIGHT, SOME ARE LESS SENSITIVE.

THERE NEEDS TO BE AN EMPIRICAL STANDARD THAT CAN BE MEASURED.

THE CITY DOES HAVE A LIGHTING ORDINANCE THAT WE'VE SPENT SOME TIME WORKING ON, AND WE DO APPLY IT AT DOWNTOWN.

WE APPLY IT TO OLDTOWN.

THOSE ARE STANDARDS THAT WE USE, AND IT'S PROBABLY BETTER TO WORK WITH A MEASURABLE STANDARD.

SO IF THERE'S A QUESTION A CODE ENFORCEMENT OFFICER CAN MEASURE IT AND IT'S EITHER IN OR IT'S OUT OF COMPLIANCE.

SO HOW DO WE PROCEED? HOW CAN WE DO WE TABLE THIS SO THAT WE CAN CLARIFY THE LIGHTING STANDARDS? AND I KNOW THE MAYOR DOES NOT LIKE TO TABLE THINGS, BUT I WANT TO MAKE SURE WE NEED TO MOVE FORWARD ON THIS.

I THINK WE HAVE SOMEBODY WHO WANTS TO WORK WITH US.

YES. SO AND YOU HAVE TO PUT SOME KIND OF FENCE UP.

LET'S TURN THAT OVER TO THE STAFF AND GET IT DONE.

LET THEM DO IT. OKAY.

WELL, I'D LIKE THIS CLARIFICATION.

I THINK THE SIMPLEST THING IS IF THE COUNCIL IS LOOKING TO HAVE A FENCE INSTALLED, INSTALLED FROM 602 DOWN TO WHATEVER THE CORNER PROPERTY IS, I'M TRYING TO MAKE SURE I GET THIS RIGHT.

IT UNGER STREET ALL THE WAY TO THAT WESTERN EDGE OF THAT CORNER PROPERTY.

YOU'RE WANTING A FENCE FOR THAT ENTIRE LENGTH OF WOODEN FENCE.

AND I WANT TO BE CLEAR, THIS REALLY NEEDS TO BE THE ENTIRE LENGTH, BECAUSE AS ALLAN WAS MENTIONING, THE TOPOGRAPHY MAY PLAY INTO IT.

THERE MAY BE SUCH A DENSITY OF TREES THAT IT'S NOT NECESSARY IT'S NOT NECESSARY TO PUT IT THERE.

BUT THAT'S HARD. I CAN'T FROM THIS SEAT SAY FOR SURE WHAT THE LENGTH OF THIS FENCE IS, WHICH IS WHAT GIVES ME PAUSE.

I DON'T WANT TO APPROVE A PEED.

AND THEN SOME OF THESE THERE'S VARIABLES AND IT DOESN'T GET DONE.

AND THEN WE CAN'T GO BACKWARD AND ENFORCE SOMETHING THAT WE DIDN'T SPECIFY TO BEGIN WITH.

MAYOR, IF IT HELPS, THE LIGHTING STANDARD IS ALREADY PART OF THE 2019 PLANNED DEVELOPMENT REGULATIONS.

IT IS GOING TO APPLY TO THE ANNEXATION ONCE YOU ARE ADOPTED ORDINANCE IN YOUR COUNCIL PACKAGE.

SO IT IS A EMPIRICAL STANDARD.

AS MR. TAYLOR SAID, IT IS ENFORCEABLE AND ALSO MENTIONED THAT IT IS NOT TO THEIR SELF-INTEREST TO HAVE THE PLACE, YOU KNOW, LIGHT UP. AND I WOULD ASK BECAUSE THEIR EXISTING FENCES ARE THERE ON PEOPLE'S BACK PROPERTY LINE THAT WE DON'T GO FENCE THE ENTIRE STRETCH WITH THE OWNERS.

ONLY IT IT WILL BE OBVIOUS WHEN THEY WALK WITH THEIR STAFF WHERE THERE IS NO SOLID FENCING.

AND IF WE CAN JUST DEAL WITH THOSE SPOTS, THAT WOULD BE VERY OBVIOUS WHERE THERE IS NO SOLID FENCING.

WELL, I THINK THE OTHER QUESTION IS, IS THIS AN ADDITION TO THE VEGETATED BUFFER THAT'S THAT'S GOING TO BE THERE OR IN LIEU OF I MEAN, DO YOU WANT TO MAKE IT ONE OR THE OTHER OR BOTH FOR THE COUNCIL? I THINK IT'S BOTH BECAUSE IF IT'S DENSE ENOUGH OR IF THE TOPOGRAPHY DOESN'T SUPPORT A FENCE, IF IT'S NOT GOING TO LAST, IF THERE'S ALREADY EXISTING FENCES, I DON'T THINK THAT IT NEEDS TO BE TORN DOWN UNLESS IT IS LIKE CHAIN LINK.

I JUST DON'T THINK THAT THAT'S SERVING THE PURPOSE.

THAT'S NOT HELPING WITH NOISE MITIGATION, THAT'S NOT HELPING WITH KEEPING PRIVACY BETWEEN WHAT'S GOING ON ON THE GROUNDS AND THE HOMEOWNERS THAT ARE BACKING IT. YEAH, I THINK THAT'S EITHER.

I THINK SO. WELL, AND I GUESS THE OTHER THING I WOULD SAY IS WHAT'S THERE NOW ON THE OTHER PROPERTIES AND THEIR FENCING COULD CHANGE.

AND TEN, 15, 20 YEARS IN THE FUTURE, WHAT ARE WHAT'S GOING TO BE THERE ON THE OTHER PROPERTY OWNERS?

[01:15:01]

WE DON'T KNOW WHAT THAT WILL LOOK LIKE.

AND DO YOU WANT TO HAVE IF THAT'S WHAT THE COUNCIL WANTS TO HAVE SOME FLEXIBILITY ON THAT? WE CAN CERTAINLY DO IT. BUT I WANT TO MAKE SURE YOU GO INTO IT, EYES WIDE OPEN, THAT YOU COULD HAVE OTHER FENCES THAT COME DOWN ON PRIVATE PROPERTY AT SOME POINT AND YOU COULD HAVE GAPS THEN IN THE FENCE ON THE JELLYSTONE SIDE.

SO JUST SOMETHING TO THINK ABOUT IF THAT'S WHAT YOU'D LIKE TO DO.

I WILL SAY THAT FROM A STAFFING STANDPOINT, SIMPLER IS ALWAYS BETTER.

TREES DIE, THEY GET REMOVED, FENCES COME DOWN.

AND THE ONE CONSTANT IS IF YOU HAVE A FENCE ALONG THE SOUTHERN BOUNDARY OF THE SITE AND WE KNOW THAT IS JELLYSTONE FENCE, IT MAKES IT SIMPLE.

WE KNOW WHO TO TALK TO AND IT'S IT'S PART OF THEIR DEVELOPMENT PLANS, FOR INSTANCE.

NOW, I'M NOT RECOMMENDING YOU GO IN ANY PARTICULAR DIRECTION.

I'M JUST SAYING THAT IF WE GO AND WALK THE SITE, WALKING IT NEXT WEEK AND WALKING IT TWO YEARS FROM NOW, IT MAY LOOK DRAMATICALLY DIFFERENT.

SURE. YOU WONDER IF THE THING IS THE RESPONSIBILITY? ALAN MINCHIN WE MUST MAKE A DECISION ON WHO'S RESPONSIBLE.

SO IT'S ACTUALLY NOT A ONE PART SITUATION, IT'S SEVERAL PARTS.

SO WE DO NEED TO GET THAT OUT FOR JILLY STONE, WHO'S GOING TO BE RESPONSIBLE FOR THIS.

HE'S ALREADY SAID THEY WERE.

YOU ACCEPTED RESPONSIBILITY FOR THIS IN THE PROPOSAL AND INSTEAD JELLYSTONE IS RESPONSIBLE FOR THE DIFFICULTY THAT ANSWERS THE QUESTION COULD COULD EMERGE IF WE END UP WITH, LET'S SAY THERE ARE SEVEN LOTS THAT I COUNT ALONG LIVE OAK THAT RUN ALONG THE SOUTHERN BOUNDARY OF THE PROPERTY.

IF TWO OF THEM HAVE EXISTING SIX FOOT WOODEN FENCES BUILT ON THOSE LOTS AND JELLYSTONE BUILDS A FENCE ON THE OTHER FIVE LOTS.

WHO'S RESPONSIBLE FOR THE TWO THAT ARE ALREADY BUILT THAT ARE ON PRIVATE PROPERTY? IF THEY FAIL, THAT'S WHERE YOU DIVIDE IT AND IT STARTS GETTING A LITTLE IFFY.

AND SO WE DON'T WANT TO LEAVE THE STAFF TRYING TO GUESS WHO TO HOLD ACCOUNTABLE.

THE PROPERTY THAT IS ON THE LINE.

I'M SORRY IF YOU'LL WAIT TO BE RECOGNIZED FIRST TO THANK YOU.

MR. WONG. DID YOU HAVE SOMETHING ELSE TO ADD AT THAT AT THE END OF THAT COMMENT? THE WAY SOMETHING ENFORCEMENT WOULD WORK IS THAT IT WILL ALWAYS BE THE RESPONSIBILITY TO SIDE WITH MORE INTENSE USES.

SO LET'S SAY TEN YEARS FROM NOW, 15 YEARS FROM NOW, SOME OF THOSE EXISTING FENCES FAIL OR SOMEBODY DECIDES TO VOLUNTEER.

TAKE THAT DOWN. THE RESPONSIBILITY IS ON JELLYSTONE.

NO QUESTIONS, NO EVEN, BUT'S IT'S IN WRITING AND YOU'RE [INAUDIBLE].

THE ONLY DIFFICULTY IS JELLYSTONE MAY HAVE TO BUILD TO REPLACE THE FENCE ON THEIR PROPERTY OR GET CONSENT OF THE ADJOINING LANDOWNER TO COME ON AND PLACE IT ON PRIVATE PROPERTY.

BUT AS MR. WONG POINTS OUT, THAT CAN BE FIXED.

WE KNOW HOW TO DO THAT.

IF THAT'S THE INSTRUCTION THE COUNCIL GIVES US.

YOUR LANDSCAPING FENCE IS MORE OF AESTHETIC THINGS TO YOU, ISN'T IT? IS THAT CORRECT? YOU'RE FENCING THAT YOU WANT TO DO IS MORE AESTHETICALLY PLEASING TO JELLYSTONE TO GO WITH THE LANDSCAPE STYLE.

WELL THE WIDTH OF IT IS PRETTY SUBSTANTIAL.

15 IN SOME AREAS AND 20 FEET IN SOME AREAS AND EXISTING TREES, EXISTING SHRUBS BY FILLING IN THE GAP, ADDING MORE WHERE THERE IS NOT AS MANY SHRUBS OR TREES, IT WILL DENSIFY THE AREA TO PROVIDE AN EFFECTIVE EVERGREEN YEAR ROUND SCREENING.

THEY ARE MORE AESTHETICAL FOR BOTH SIDES, BUT THE 15 TO 20 FEET AREA, IN OUR OPINION.

BUT THAT'S WHY WE PROPOSE IT AS ONE OF THE OPTIONS IS EITHER SIX FOOT SOLID OPAQUE OR THE MINIMUM 15 FOOT WIDE LANDSCAPING.

ONE OF THE THINGS WE'RE KIND OF ASSUMING HERE IS THE OTHER RESIDENTS WANTS THIS FENCE.

I MEAN, I UNDERSTAND YOUR POINT OF SECURING JELLYSTONE.

BUT WE HADN'T TALKED TO ANY OTHER HOMEOWNERS ABOUT WHAT THEY WANT.

THEY MIGHT NOT WANT A WOODEN FENCE.

THEY MIGHT WANT THE LANDSCAPING.

I MEAN, WE'RE KIND OF NOT BRINGING EVERYBODY INTO THE FOLD ON THIS.

YOU SAID THERE WAS SEVEN LOTS? AND I'M KIND OF SYMPATHETIC TO JELLYSTONE AND HOW TO FIX THIS PROBLEM.

SOMETHING SOMETHING THAT MAY HELP THE UNDERSTANDING OF THE SITUATION IS THAT WHEN YOU LOOK AT THE AREA AND YOU KNOW, WHEN YOU LOOK AT YOUR PHONE, THERE'S NOT GOING TO BE ANYTHING CLOSER BUILT TO THE BACKYARD OF ABUTTING LOTS.

WHAT YOU HAVE TODAY WITH FIVE LANE AND A 15 TO 20 FOOT BUFFER IS AS CLOSE AS ANYTHING IS GOING TO BE.

[01:20:04]

ANYTHING NEW IS IN THE VACANT AREA THAT IS 400, 320 FEET AWAY WHEN I MEASURED TODAY AND SHARED THAT WITH YOUR STAFF.

THE VACANT AREA THAT YOU SEE IN THE AREA THAT IS NOW FILLED WITH THE ACTIVITY CENTER, THE WEDDING VENUE, THE [INAUDIBLE] AND THE CAMPGROUND GOES UP 470 FEET FROM THE PROPERTY LINE OF PEOPLE'S RESIDENTIAL.

AND THE CLOSEST THING ON THE WEDDING VENUE, THE HIGH CLASS WEDDING VENUE, IS 320 FEET FROM PEOPLE'S RESIDENTIAL PROPERTY LINES.

I THINK SOME VERY DENSE SHRUBBERY WOULD PREVENT WOULD ACTUALLY MAKE THAT SOLID BARRIER IN THERE.

I MEAN, EVEN IF THEY DIE OUT, THEY'RE STILL PRETTY HARD TO GET THROUGH THOSE.

SO I DO THINK THAT THE DENSE SHRUBBERY WOULD TAKE CARE OF THE SOLID BARRIER.

I'M FOR THAT. BUT YOU'RE STILL GOING TO HAVE SOME NEIGHBORS THAT DON'T EVEN WANT THAT.

WE DO HAVE A SPEAKER HERE THAT WOULD LIKE TO ADDRESS THE COUNCIL AGAIN ON THIS ITEM.

IN REGARDS TO THE NEIGHBORS ON LIVE OAK.

MOST OF THEM WERE HERE IN 2019, SO I'M SURE THAT THEY WOULD COME BACK IF THEY KNEW THAT THIS WAS THAT THEY NEEDED TO VOTE ON IT.

MY CONCERN WITH THE VEGETATION IS IT MATURE VEGETATION? IS IT GOING TO TAKE FIVE YEARS TO BE DENSE? YOU KNOW, BECAUSE AND THE SECOND QUESTION IS, IS IF A KID DOES COME ACROSS AND DROWN IN A POOL OF ONE OF THE PEOPLE ON LIVE OAK, WHO'S RESPONSIBLE FOR THAT? I MEAN, CAN WE BE SUED? YOU KNOW, I KNOW ALL MY NEIGHBORS.

AND SO I'M SPEAKING ON BEHALF OF MY NEIGHBORS, OF COURSE, BECAUSE THIS ISN'T MY PROPERTY.

BUT, YOU KNOW, IT'S A CONCERN ON WHAT HAPPENS.

AND MOST OF THE FENCES THAT ARE THERE, THERE ARE A COUPLE PRIVACY FENCES, BUT MOST OF THEM ARE FOUR OR FIVE FOOT CHAIN LINK AND KIDS CAN HOP OVER THAT.

I MEAN, I USED TO HAVE ONE UNTIL WE PUT UP A BETTER FENCE TO BLOCK THE PIRATE SHIP.

BUT IT'S I THINK IT NEEDS TO BE A SIX FOOT FENCE REGARDLESS OF WHAT IT IS; WOOD, CHAIN-LINK, WHATNOT.

BUT SOME OF THE PEOPLE ON LIVE OAK HAD BARBED WIRE FENCES THAT WERE DESTROYED IN THE CONSTRUCTION.

SO SOME PEOPLE DON'T EVEN HAVE A FENCE.

BUT I JUST WILL SAY, IF WE NEED TO GET THE OTHER NEIGHBORS HERE TO VOTE ON IT, I CAN CERTAINLY ROUND THEM UP.

WELL, I DON'T WANT TO GET INVOLVED WITH ALL THE NEIGHBORS UP HERE AND US TRYING TO BE A REFEREE.

I MEAN, THAT'S JUST NOT OUR JOB UP HERE.

OKAY. SOMEBODY TALK TO THE NEIGHBORS, DO SOMETHING.

THERE MIGHT BE SOME PEOPLE WERE SPEAKING FOR THEM.

SOME OF THEM MIGHT NOT WANT A FENCE.

THEY MIGHT LIKE THE BUSHES.

THEY MIGHT NOT WANT ANYTHING.

AND WE DON'T KNOW THAT. SO I DON'T WANT TO SIT HERE AND MAKE A DECISION FOR THEM.

THAT'S FOR OUR NEW TENANT HERE, JELLYSTONE.

SO ANYBODY GOT ANY SUGGESTIONS HOW WE MOVE FORWARD ON THIS? I'M SAYING THE ORDINANCE SAYS WE NEED A FENCE.

THE TYPE FENCE IS WHAT'S UP IN THE AIR.

IS THAT CORRECT? CORRECT.

YOU'VE GOT A SIX FOOT REQUIREMENT AND THE LANDSCAPING REQUIREMENT ALSO REFERENCES SIX FEET, A MINIMUM OF SIX FEET IN HEIGHT MAY BE IN LIEU OF THE FENCING.

SO THE RUB IS WHETHER OR NOT IT SHOULD BE ALLOWED TO GROW TO SIX FEET AND ABOVE OR BE PLANTED AT SIX FEET IN HEIGHT, WHICH WOULD CONSTITUTE MORE MATURE TREES, LARGER TREES.

IT DOESN'T MITIGATE THE ISSUE AS FAR AS TRESPASS.

BUT IN TERMS OF JUST VEGETATIVE SCREENING, THAT'S ONE THING TO CONSIDER.

WHAT ABOUT IF YOU WENT IN AND TALKED TO THE NEIGHBORS? IF THEY WANT A FENCE, FINISH OUT WHAT THEY GOT.

AND YOU PUT YOUR LANDSCAPING BACK BEHIND THEIR FENCE, WOULD THAT WORK? THE EXISTING LANGUAGE IS ALREADY EITHER OR.

IT COSTS MONEY EITHER WAY TO DO EVERGREEN SHRUBS, THAT OF A HEIGHT THAT MEET THE ORDINANCE OR PUTTING UP A LOWER MAINTENANCE FENCE.

I MEAN, WE'D BE HAPPY TO TALK TO THE OWNERS.

OKAY I'D APPRECIATE THAT.

BUT LIKE YOU, WE DON'T WANT TO BE PUT IN A POSITION OF BEING DICTATED TO, BUT WE WILL COMPLY WITH THE EXISTING REQUIREMENTS THAT YOU CHOOSE TO ADOPT INTO THE ORDINANCE.

[INAUDIBLE] WE DO HAVE ANOTHER SPEAKER, RICKY MARSHALL.

WHEN THEY STARTED DOING ALL THE WORK, THE DIRT WORK AND STUFF THERE BEHIND ME, I WAS PRETTY CONCERNED.

AND I GOT WITH MR. BOYD. I TALKED TO HIM AND AND HE SAID HE WANTED TO BE A GOOD NEIGHBOR.

I SAID, WELL, ARE YOU GOING TO PUT A FENCE UP? HE GOES, WELL, I CAN'T AFFORD TO PUT A FENCE UP.

I SAID, WELL, YOU JUST PUT THAT BIG SIGN OUT THERE ON 35.

[01:25:02]

THAT WASN'T CHEAP. YOU KNOW, BUT MY NEIGHBORS THAT I KNOW, THEY WANT A FENCE.

I PUT MY OWN FENCE UP.

I PUT A METAL R PANEL FENCE AND IT'S 10,000 DOLLARS BECAUSE I WANTED PRIVACY.

BUT I KNOW PEOPLE DO WANT A FENCE, BUT HE SAID HE WOULDN'T DO IT.

THANK YOU. I THINK FOR CONSISTENCY SAKE, IT NEEDS TO BE A SIX FOOT FENCE THAT IS NOT SEE THROUGH SO NOT CHAIN LINK BUT AND I DON'T KNOW, I MEAN JUST FOR CONSISTENCY SAKE SO THAT WE'RE NOT OH, THIS FENCE FELL DOWN.

WHOSE RESPONSIBILITY IS IT? OH, THESE TREES, THIS SECTION OF SHRUBBERY DIED.

NOW, WHAT DO WE REPLACE IT WITH? I THINK THERE'S TOO MANY WHAT IFS.

AND I HAVE A VERY HARD TIME BELIEVING ANYBODY THAT BACKS UP TO AN AMUSEMENT PARK OR RV PARK DOESN'T WANT PRIVACY.

I MEAN, I BACK UP TO A GREEN SPACE AND I'M VERY GLAD I HAVE A FENCE THERE BECAUSE THERE'S KIDS PLAYING BALL AND, ALL KINDS OF THINGS THAT WOULD OR I HAVE A POOL AND FOR THE SAFETY OF EVERYONE, I DON'T WANT SOMEBODY COMING INTO MY BACKYARD LIKE I HAVE A HARD TIME BELIEVING THAT PEOPLE WOULDN'T WANT THE PRIVACY AND THE SAFETY THAT A FENCE WOULD HELP PROVIDE.

SO I THINK FOR CONSISTENCY SAKE, IT NEEDS TO BE A SIX FOOT FENCE.

LET'S JUST PUT IT OUT THERE.

I WASN'T FOR KILLING TREES OR TAKING THINGS DOWN, BUT I JUST THINK THAT THERE'S TOO MANY VARIABLES.

AND THESE NEIGHBORS WILL MOVE OR LIVE THERE FOREVER.

WE DON'T KNOW. BUT THIS WAY EVERYTHING'S CLEAR AND ON PAPER.

LET'S DO THIS. I NEED YOU TO PUT UP A SIX FOOT OPAQUE FENCE ACROSS THE BACK, OKAY? MAKE IT STRAIGHT AS YOU CAN.

DO WHAT YOU GOT TO DO, AND THEN WE CAN TIE ON TO IT OR WHATEVER.

WE'RE GOING TO MOVE ON ON THIS.

OKAY.

MAYOR, IF YOU'LL WAIT JUST A MINUTE, IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK DURING THE PUBLIC HEARING PORTION OF THIS ITEM? MAYOR, IF YOU WOULD CLOSE THE PUBLIC HEARING, PLEASE.

CLOSE THE PUBLIC HEARING AT 6:58.

IS THERE A MOTION ON THIS? DO WE NEED TO MAKE ANY STATEMENTS ON THIS MOTION? WHOEVER MAKES THE MOTION.

I'M LOOKING ON MY PHONE BECAUSE I CAN ZOOM IN A LITTLE EASIER ON MY PHONE.

THERE'S ALREADY A LOT OF THERE'S ALREADY THE RV SPACES IN PLACE.

AND WE'RE ACTUALLY TALKING ABOUT GOING NORTH OF THIS, RIGHT? IS THAT WHAT I'M LOOKING AT? YES SIR.

SO THERE'S NOTHING THAT PREVENTS ANYBODY FROM GETTING INTO THAT AREA NOW AT ALL.

AND THAT AREA HAS ALREADY BEEN APPROVED.

SO.

YEAH. SO IF YOU LOOK HERE, THIS IS WHAT WE'RE TALKING ABOUT.

WE HAVE ALL THIS ALREADY IN PLACE HERE.

WOULD COUNCIL LIKE US TO PULL THAT UP ON THE OVERHEAD PROJECTOR? I THINK FOR THE SAKE OF THE AUDIENCE, WHEN COUNCIL IS DELIBERATING, IT'S PROBABLY A BETTER THING.

SO IF YOU WOULD SWITCH THAT BACK OVER AND THEN, TONY, IS THERE A WAY YOU CAN PULL THAT UP, PLEASE, ON GOOGLE MAPS OR SOMETHING? YES, IF YOU DON'T MIND.

SO I WANT TO MAKE SURE WHAT I'M LOOKING AT.

OH, OKAY. SO I GET THAT PICTURE.

BUT IS THERE A WAY TO GET ON GOOGLE MAPS? IT'S A LITTLE EASIER TO SEE BECAUSE I CAN ZOOM IN.

I JUST WANT TO MAKE SURE WE GET THIS RIGHT.

OKAY.

SO WHAT I'M LOOKING AT OR WHAT I'M ASKING ABOUT IS I SEE LIVE OAK, I SEE THE HOUSES, BUT I ALSO SEE ALREADY RVS PARKED IN THERE.

AND IF I'M CORRECT, THIS NEW ADDITION WILL BE ON THE OTHER SIDE OF EVEN ALL THOSE RVS.

IS THAT CORRECT OR AM I INCORRECT? ARE THESE RV'S PART OF THIS.

IS THIS WHERE WE'RE BRINGING THIS IN NOW? I WANT TO MAKE SURE WHAT I'M LOOKING AT.

I'M SORRY, SIR. SO HE'S WONDERING IF THIS.

[01:30:08]

YES, BUT IT WAS CONSTRUCTED WHEN IT LAY IN THE COUNTY.

IT WAS NOT PART OF THE CITY.

NOW THAT IT'S BEEN ANNEXED, WE'RE PUTTING THE PERMANENT ZONING ON THE PROPERTY.

SO ALTHOUGH THIS ALREADY EXISTS, IT IS UNZONED AND JUST TONIGHT ANNEXED INTO THE CITY.

AND WE'RE APPLYING THE ZONING THAT WILL IMPOSE THE CITY REGULATIONS THAT THE CITY STAFF WILL NOW ENFORCE.

AND THEN BUT ALL THE PLAYGROUND STUFF IS JUST TO THE NORTH OF IT.

YES. IN THAT OPEN AREA.

THIS IS A STREET VIEW.

I DON'T KNOW. I MEAN, OBVIOUSLY, A STREET VIEW IS A WELL NOW THREE YEARS OLD.

BUT THIS ALLOWS YOU TO KIND OF I DROVE IT IN THE FALL. THAT IS EXACTLY WHAT IT LOOKS LIKE.

YEAH. SO, YOU KNOW, THESE TREES, OBVIOUSLY, THERE'S NO LEAF COVER, BUT YOU CAN SEE BEYOND THAT THE GREEN SPACE THAT GOES BEYOND THAT. SO GIVE YOU SOME IDEA OF HOW IT LOOKS.

I'M ASSUMING THESE TREES HAVE GOTTEN JUST A LITTLE BIT BIGGER.

LEAF COVER IS COMING IN.

BUT COUNCILMAN STANFORD, IT GIVES YOU SOME IDEA OF IF YOU DRIVE DOWN WHAT YOU CAN SEE AND THEN YOU START SEEING FENCING HERE.

YEAH, THAT'S THE R PANEL.

OKAY WITH THE R PANELS. BUT, YOU KNOW, AND THEN YOU HAVE ANOTHER FENCE HERE.

BUT THE FENCING IS NOT CONSISTENT.

OBVIOUSLY, THESE PROPERTY OWNERS ARE PUTTING IN THE FENCE THEY WANT TO PUT IN, BUT I DON'T KNOW HOW MUCH OF THIS FENCING REMAINS ON SOME OF THESE OTHER PROPERTIES, BUT.

JUST AS WAS MENTIONED, THE BARBED WIRE HAS BEEN KNOCKED DOWN IN SOME OF THOSE AREAS.

YOU CAN DRIVE. WHEN YOU STAY THERE, THEY PROMOTE.

YOU GET A GOLF CART AND YOU DRIVE AROUND.

SO I DROVE ALL THROUGH THIS AND WE TRICK OR TREATED WITH ALL THE RVS THAT WERE PARKED ALONG HERE.

AND IT'S COME OR GO AS FAR AS FENCING.

AND I WAS AMAZED WHEN WE WERE OUT THERE AND I CAME BACK AND I ASKED BRYAN IF THIS WAS PART OF IF WE HAD ANNEXED ANY OF THIS YET, BECAUSE I WAS CURIOUS ABOUT ALL OF THESE THINGS. I THINK ONE THING I WANTED TO BE CLEAR ABOUT TOO IS IN THE STAFF PRESENTATION IT MENTIONS A FENCE OR THE VEGETATIVE BUFFER.

AND I WANT TO BE CLEAR, WHATEVER COUNCIL DIRECTION YOU HAVE, IF YOU WANT TO DO ONE OR THE OTHER, THAT'S FINE OR BOTH.

WHAT'S THE DIRECTION? IT'S ONE OR THE OTHER IS THE WAY IT'S STATED RIGHT NOW.

I THINK, AGAIN, JUST FOR SIMPLICITY SAKE, FOR STAFF, FOR THE RESIDENTS THAT BACK UP TO IT, FOR THE SAFETY OF BOTH PARTIES, THOSE THAT ARE VISITING THE RV PARK, THOSE ARE THAT ARE LIVING ASIDE IT JUST TO BE GOOD NEIGHBORS A SIX FOOT FENCE FOR EVERYBODY'S SAFETY PRIVACY AND IT ALLEVIATES ANY IF ANDS OR WHAT'S.

I MEAN, YOU MIGHT HAVE TO GIVE UP A FOOT OR TWO WHERE SOME TREES ARE, BUT YOU CAN LEAVE THOSE TREES IN PLACE IF YOU DON'T MIND DOING THAT.

IT LOOKS LIKE A SIX FOOT FENCE WILL FIT THE FULL LENGTH, FROM WHAT I'M SEEING.

UNLESS I'M MISSING SOME GIANT TREES.

I MEAN, I DON'T SEE ANYTHING THAT'S REALLY JUMPING OFF THE PAGE AT ME THAT SAYS THAT IT WOULD BE A BARRIER JUST PUTTING A FENCE UP.

MR. WONG ARE YOU OKAY WITH PUTTING A SIX FOOT FENCE. I'M SORRY.

ARE YOU GOOD WITH THE SIX FOOT FENCE? WE ARE AT COUNCIL'S PLEASURE WE LIKE THE CITY MANAGER SAID WE DON'T WANT TO END UP DOING SIX FOOT FENCE AND SPEND MONEY ON TREES AND SHRUBS TOO. NO. JUST FENCE.

WE ARE AT THE COUNCIL'S PRESSURE.

I MEAN, YOU ARE IN NOT [INAUDIBLE] NEXT.

I APPRECIATE IT. I MEAN, WE ARE A CORPORATE CITIZEN.

WE PAY PROPERTY TAX.

WE WANT TO BE A GOOD CORPORATE CITIZEN.

WE SUPPORT A LOT OF THE EVENTS THAT YOU SEE IN THE VIDEO.

THANK YOU, SIR. WE APPRECIATE IT.

HE'S ALREADY CLOSED OUT THE PUBLIC HEARING.

YES. SO, JAMES, IF YOU'LL CHANGE BACK OVER SO THANK YOU, SIR.

IF THE DIRECTION OF THE COUNCIL IS TO MAKE IT A REQUIREMENT TO ADD THE FENCE AND NOT ALLOW THE VEGETATED BUFFER I'D ASK THAT YOU MAKE THAT AS PART OF THE MOTION, AND BE CLEAR ABOUT THAT. AND I THINK THAT THE EXACT BOUNDARIES OF WHERE YOU WANT THE FENCE TO BE.

IS THERE A MOTION? I'LL MAKE IT, BUT I MAY NEED SOME HELP.

SO I MAKE A MOTION TO APPROVE WITH THE STIPULATION THAT A SIX FOOT FENCE BE PROVIDED FROM WOULD IT BE FROM 602 TO

[01:35:10]

DO I HAVE A SECOND? I HAVE A MOTION BY JIMMY A SECOND BY VICTORIA, PLEASE VOTE.

MOTION PASSES UNANIMOUS.

WELL, THAT WAS EASY. THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO ITEM 7A, WHICH HAS ALREADY BEEN PLACED ON THE CONSENT AGENDA AND APPROVED.

SO THAT BRINGS US TO ITEM 7B.

[B. Consider approval of a contract with Steele & Freeman, Inc. for the purchase and installation of Bid Pack 1 of 2 (structural and architectural items), for the construction of a new Parks Maintenance building for guaranteed maximum price (GMP) of $1,154,297. (Staff Presenter: Jen Basham, Director of Parks and Recreation)]

CONSIDER APPROVAL OF A CONTRACT WITH STEELE & FREEMAN, INC FOR THE PURCHASE AND INSTALLATION OF A BID PACK 1 OF 2 STRUCTURAL AND ARCHITECTURAL ITEMS FOR THE CONSTRUCTION OF A NEW PARKS MAINTENANCE BUILDING FOR GUARANTEED MAXIMUM PRICE OF $1,154,297 DOLLARS.

THE STAFF PRESENTER TONIGHT IS JEN BASHAM, DIRECTOR OF PARKS AND RECREATION.

MS. BASHAM.

GOOD EVENING. ALL RIGHT.

I DON'T HAVE ANY FENCES.

[LAUGHTER] SO TODAY WE'RE GOING TO GO THROUGH THE FIRST OF TWO BID PACKS FOR THE PARKS ANNEX FACILITY.

I'M GOING TO GO THROUGH KIND OF THE PROCESS TO GET US WHERE WE WERE THIS EVENING.

STEELE AND FREEMAN IS HERE THIS EVENING.

[INAUDIBLE] CONSTRUCTION MANAGER AT RISK, AS WELL AS RON HOBBS, THE ARCHITECT ON THAT PROJECT.

SO IF THERE'S ANY REALLY SPECIFIC PROJECTS OR QUESTIONS THAT YOU GUYS HAVE, PLEASE FEEL FREE TO ASK THEM.

AND I HAVE BACK UP.

BACK IN OCTOBER OF 2022, WE APPROVED THE DESIGN CONTRACT WITH RON HOBBS, AND THEN IN NOVEMBER WE ISSUED A REQUEST FOR PROPOSALS FOR QUALIFIED CONSTRUCTION FIRMS TO PROVIDE THE SERVICE OF CONSTRUCTION MANAGER AT RISK.

FOR THE TOTAL PROJECT FUNDING WE HAVE BUDGETED FOUR AND A HALF MILLION DOLLARS FOR THIS PROJECT.

IT'S ANTICIPATED TO BE COMPLETE IN JANUARY OF 2023 AND THEN WE HAVE ALL OF THE FUNDING SOURCES LISTED BELOW.

FOR THE CONSTRUCTION MANAGER AT RISK WHEN WE DID THAT RFP, WE WERE HOPING WE GOT THEM ON BOARD BY 30% DESIGN, WHICH WE DID.

WE TRY TO DO THAT RIGHT UP FRONT TO MAKE SURE THAT THEY ARE ABLE TO BE PART OF THE PROCESS FOR DESIGN AND THAT THEY'RE SELECTING, SIGNING OFF ON ALL THE MATERIALS BASED OFF OF PRICE AND AVAILABILITY SO THAT WE CAN GET A GUARANTEED MAX PRICE FOR CONSTRUCTION.

WE DID HAVE THREE FIRMS RESPOND TO THAT, AND STEEL AND FREEMAN WAS THE MOST QUALIFIED BIDDER WITH NO PRE-CONSTRUCTION FEES AND THEN THREE AND A HALF PERCENT OF THE TOTAL PROJECT AS THEIR FEE.

SO FOR THE DESIGN AND PROGRAMING OF THIS FACILITY, IT'S YOUR BASIC PARK ANNEX FACILITY.

WE'VE GOT SOME INDOOR WAREHOUSE SPACE, OUTDOOR STORAGE, PAVING, ADMINISTRATIVE SPACE FOR STAFFING OFFICES AND ONE BREAK ROOM /CONFERENCE ROOM. THIS NEW SERVICE CENTER IS GOING TO BE OR THIS NEW ANNEX FACILITY IS GOING TO BE OUT AT THE SERVICE CENTER.

WE'RE LOOKING AT THIS BEING APPROXIMATELY 9,386 SQUARE FEET.

THE SPACES THAT ARE PROGRAMED ARE SHOWN HERE.

AND THEN WE DO HAVE OVER 40,000 SQUARE FEET OF PAVING AND LANDSCAPE AREA.

JUST FOR COMPARISON, OUR EXISTING ANNEX IS A LITTLE OVER 12,000 SQUARE FEET, INCLUDING THE UPSTAIRS MEZZANINE.

WHEN WE RECEIVED OUR FIRST BUDGET BACK, WE GOT IT BACK AT 2.7.

SO OUR 60% DESIGN WAS AT ALMOST 5 MILLION.

WE TOOK A GOOD SCRUB OF IT.

STAFF WORKED REALLY CLOSELY WITH RON HOBBS AND WITH STEEL AND FREEMAN.

OUR ORIGINAL CONCEPT HAD COVERED PARKING AREAS.

WE REMOVED THAT.

WE'VE DONE SOME REDUCTION IN THE PAVEMENT AREAS, AND THEN WE'VE LOOKED AT DIFFERENT MATERIALS FOR OUR MEZZANINE FLOORING AND WE CHANGED OUR WAINSCOTING FROM LIMESTONE TO CMU, THAT REDUCED THE BUDGET DOWN TO ABOUT 4 MILLION.

AND THEN WE PUT BACK THAT 500 FOR NETWORK CABLING AND ALL OF OUR OWNER FURNISHED STUFF LIKE FF&E.

THERE ARE A FEW ITEMS RIGHT NOW THAT ARE STILL IN DESIGN THAT WE WILL BRING YOU AS PART OF BID PACK 2, WHICH INCLUDES THE POTENTIAL ADDITION OF A LEFT TURN LANE INTO THE SERVICE CENTER, A LIFT STATION, AND THEN INCREASED ATTENTION.

THIS IS A RENDERING OF THE FACILITY THAT WAS BID OUT.

AND INCLUDED IN TONIGHT'S BUDGET FOR APPROVAL IS BID PACK 1 WOULD BE THE STRUCTURAL AND ARCHITECTURAL ELEMENTS.

AND WHAT WE WILL BRING BACK WILL BE ELECTRICAL, PLUMBING, MECHANICAL, CIVIL LANDSCAPE, FINAL DESIGN, AND THEN AS A SEPARATE OWNER, FURNISHED FF&E AND NETWORK CABLING.

SO THE TIMELINE FOR THIS PROJECT, IF WE AWARD THIS EVENING, IT'LL BE 5 TO 7 WEEKS TO GET OUR SHOP DRAWINGS, 8 TO 10 FOR FABRICATION, 8 TO 9 WEEKS TO GET THE BUILDING

[01:40:02]

ERECT. AND SO WE'RE LOOKING AT 26 WEEKS, WHICH PUTS US AROUND DECEMBER.

WE ARE AWARDING THIS TO MULTIPLE SUBCONTRACTORS ALLIANCE STEEL, WARNICK METAL BUILDING, BRANCH IRON WORKS AND VADEN'S DRYWALL AND FABRICATING.

THESE ARE THE ITEMS THAT I SAID WOULD BE INVOLVED IN BID PACK 2.

AND THIS IS OUR TIMELINE TO GET US INTO THIS FACILITY.

RIGHT NOW, WE'RE LOOKING AT A JANUARY COMPLETION DATE.

WE KNOW THAT'S PRETTY AGGRESSIVE.

AND SO WE'LL UPDATE THAT AS PRODUCTION TIMELINES CHANGE.

AND YOUR OPTIONS THIS EVENING WOULD BE TO IMPROVE THE CONTRACT OR DENY.

ANY QUESTIONS? JEN, ON THE RESTROOMS, DO THEY HAVE SHOWERS? YES. ONE OF THE RESTROOMS DOES HAVE A SHOWER IN IT.

THANK YOU. ANYBODY ELSE? MAYOR AND COUNCIL.

SORRY. OVER HERE. THIS CONTRACT IS NOT FINALIZED AT THIS TIME.

SO IN YOUR MOTION, IF YOU WILL SAY THAT THE CONTRACT FORM IS SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, I'D APPRECIATE IT.

WHO WANTS TO DO THAT? SO I CAN MAKE A MOTION TO APPROVE SUBJECT TO THE CITY ATTORNEY'S NEED A SECOND.

SECOND. HAVE A MOTION BY VICTORIA SECOND BY JIMMY.

PLEASE VOTE. PASSES UNANIMOUS.

THERE YOU GO. THANK YOU.

YES, MA'AM. MAYOR AND COUNCIL.

THAT BRINGS US TO SECTION 8 REPORTS AND PRESENTATIONS.

TONIGHT 8A WAS DISPOSED OF AT THE 3:00 COUNCIL WORK SESSION THAT WE HAD PRIOR TO THIS.

THIS WAS A LISTING CONSIDERATION IF WE RAN OVER TIME AT THE 3:00 MEETING THAT MOVES US ON TO SECTION 9.

CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS OR REPORTS.

COUNCIL. ANYBODY, RONNIE.

WE'RE GOOD. OKAY.

THAT BRINGS US TO SECTION 10.

[10. RECESS INTO EXECUTIVE SESSION Pursuant to Section 551.071, Texas Government Code, the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law. Pending or Contemplated Litigation or to Seek the Advice of the City Attorney Pursuant to Section 551.071 Land use, design standards, and density in the City's transit-oriented development district Discussion Regarding Possible Purchase, Exchange, Lease, or Value of Real Property Pursuant to Section 551.072 Discuss and receive direction on certain parcels of real property for municipal purposes where deliberation in open session would have a detrimental effect on the position of negotiations with third parties 124 NW Magnolia St (also known as 124 SW Haskew St), in Burleson, Johnson County, Texas Deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body Pursuant to Section 551.073 Personnel Matters Pursuant to Section 551.074 Deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit Pursuant to Sec. 551.076 Deliberation Regarding Commercial or Financial Information Received from or the Offer of a Financial or Other Incentive made to a Business Prospect Seeking to Locate, Stay or Expand in or Near the Territory of the City and with which the City is conducting Economic Development Negotiations Pursuant to Section 551.087 Hyder Ranch Pursuant to Sec. 418.183(f), deliberation of information related to managing emergencies and disasters including those caused by terroristic acts (must be tape recorded)]

AT THIS TIME, DO WE HAVE A NEED TO RECESS INTO, CITY MANAGER ARE WE? OKAY. SO PURSUANT TO SECTION 551.071 TEXAS GOVERNMENT CODE, THE COUNCIL RESERVES THE RIGHT TO CONVENE INTO EXECUTIVE SESSION PURSUANT TO THE FOLLOWING SECTIONS, SECTION 551.071.

SECTION 551.072 AND SECTION 551.087.

MAYOR IF YOU COULD CALL FOR A MOTION AND A VOTE TO CONVENE INTO EXECUTIVE SESSION AND STATE THE TIME.

IS THERE A MOTION TO CONVENE INTO EXECUTIVE SESSION? SECOND. I GOT A MOTION BY DAN AND A SECOND BY JIMMY, PLEASE VOTE.

UNANIMOUS PASS.

EXECUTIVE SESSION AT 7:14.

MAYOR IF YOU COULD ASK FOR A MOTION TO RECONVENE INTO OPEN SESSION AND A VOTE PLEASE AND STATE THE TIME.

I GOT A MOTION BY DAN AND SECOND BY JIMMY.

PLEASE VOTE.

IS YOUR CLICKY THING.

EVERYBODY HOLD YOUR HAND UP. [LAUGHTER] MOTION PASSES UNANIMOUS.

WE'RE BACK IN SESSION AT 7:53.

OKAY. MAYOR AND COUNCIL.

THAT BRINGS US TO THE END OF THE AGENDA.

WE HAVE NO OTHER ITEMS FOR CONSIDERATION.

SO, MAYOR, IF YOU WILL ASK FOR A MOTION AND A SECOND TO ADJOURN WITH NO VOTE AND STATE THE TIME OF ADJOURNMENT, IS THERE A MOTION? DAN. I HAVE A FIRST FOR DAN AND A SECOND BY JIMMY, WE'RE OUT OF HERE AT 7:54.

THANK YOU, MAYOR AND COUNCIL.

* This transcript was compiled from uncorrected Closed Captioning.