[ITEM 2: Commission to hear comments and take action to make a recommendation to the City Council regarding a request to final plat Lots 1-20, Block 1, Piper Addition, being an approximately 4.063-acre tract of land in the City of Decatur, Wise County, Texas and being a replat of Lot 1-R, Block 11-R, North Decatur Addition, Decatur, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application RP2022-02—Mr. David Fuller, on behalf of FX5 Real Estate Investments, LLC)]

ITEM NUMBER 2, DEDRA.

RIGHT. ITEM NUMBER 2 IS MR. DAVID FULLER'S REQUEST ON BEHALF OF FX5 REAL ESTATE INVESTMENT LLC TO FINAL PLAT LOTS 1-21, BLOCK 1, PIPER ADDITION.

IT'S AN APPROXIMATE 4.063 ACRE TRACT OF LAND IN THE CITY OF DECATUR, WISE COUNTY, TEXAS, AND IS BEING A REPLAT OF LOT 1-R, BLOCK 11-R, NORTH DAKOTA EDITION DECATUR, TEXAS.

WE DID NOTIFY--.

NEXT SLIDE, PLEASE. WE DID NOTIFY 14 PROPERTY OWNERS AS WE ARE REQUIRED BY STATE LAW TO DO THAT ARE WITHIN 200 FEET.

WE DID NOT RECEIVE ANY RESPONSES BACK.

NEXT SLIDE, PLEASE.

YOU DO HAVE A COPY OF THE PLAT IN YOUR PACKET.

THIS IS IT.

THE PLAT--. NEXT SLIDE PLEASE.

DOES MEET OUR MINIMUM REQUIREMENTS.

THIS PLAT, I THINK, HAD TWO EXTENSIONS TO IT.

IT DOES MEET OUR REQUIREMENTS NOW AND STAFF IS RECOMMENDING APPROVAL.

OKAY. THANK YOU, DEDRA.

DO WE HAVE ANYBODY IN THE AUDIENCE THAT'S WISHING TO SPEAK ON THIS OR ONLINE? IF THERE'S NO ONE ELSE WISHING TO SPEAK, THEN I'M GOING TO BRING THE PUBLIC HEARING TO A CLOSE AT 5:34.

COMMISSIONERS, ANY QUESTIONS, COMMENTS, CONCERNS? WHAT SIZE LOTS ARE THESE? IT'S ON YOUR PLAT.

IT'S HARD TO READ. THEY'RE ANYWHERE FROM 5500 TO 8400. I THINK THERE'S A COUPLE OF 10,000 SQUARE FOOT LOTS AND THEN THERE'S A FEW DUPLEX LOTS.

BUT 8400 IS THE SMALLEST.

I BELIEVE SO.

THERE MAY BE ONE OR TWO THAT'S SMALLER THAN THAT.

5500, THE SMALLEST.

OKAY. ANY OTHER QUESTIONS? OKAY. IF HEARING NONE, THEN I'LL ENTERTAIN A MOTION.

I WOULD MOVE THAT WE ACCEPT THE STAFF RECOMMENDATION AND APPROVE THIS.

I'LL SECOND. HEY, I'VE GOT COMMISSIONER MASON HAS PUT AN APPROVAL OR A RECOMMENDATION FOR APPROVAL.

AND I'VE GOT A SECOND FROM EILEEN.

THOSE IN FAVOR AYE.

AYE. [INAUDIBLE].

MOTION CARRIES.

[00:05:01]

GOING BACK INTO PUBLIC HEARING MEETING.

IT IS NOW 5:35.

ITEM THREE, DEDRA.

[ITEM 3: Commission to hold a public hearing to consider comments and take action to make a recommendation to the City Council regarding an amendment to Appendix “B,” “Zoning”,of the Code of Ordinances of the City of Decatur, Texas to grant a Specific Use Permit to allow permanent makeup application, as a secondary use, in a C-1A, Decatur Square Business Zoning District, on approximately 0.523 acres of land being legally described as Lots 1-4, Block 10, Original Town of Decatur, or more commonly referred to as 206 N. State St., Decatur, Texas. (Application SUP2022-01—Ms. Jennifer Stevens)]

ITEM THREE IS SMITH'S JENNIFER STEVENS' REQUEST TO GRANT A SPECIFIC USE PERMIT TO ALLOW PERMANENT MAKEUP APPLICATION AS A SECONDARY USE AND A C-1A, DECATUR SQUARE BUSINESS ZONING DISTRICT.

THE PROPERTY IS APPROXIMATELY 0.523 ACRES OF LAND EQUALLY DESCRIBED AS LOTS MONTH 1-4, BLOCK 10, ORIGINAL TOWN OF DECATUR. NOW THAT'S NOT THE AREA FOR THE SUP ONLY THE PORTION THAT'S 206 NORTH STATE STREET IS GOING TO HAVE THE SUP DESIGNATION.

NEXT SLIDE. MISS STEVENS SUBMITTED AN APPLICATION FOR AN SUP ON APRIL 5TH, 2022, TO ALLOW FOR PERMANENT MAKEUP AS A SECONDARY USE.

THE DECATUR ZONING ORDINANCE WAS AMENDED, MOST OF YOU ARE AWARE, AND ADOPTED MARCH 23RD, 2015.

ARTICLE 6, THE USE REGULATIONS, AND TABLE 7, PERMITTED USE CHART OF APPENDIX B ZONING, PROVIDES THAT THE APPLICATION OF PERMANENT MAKEUP AS A SECONDARY USE IS PERMITTED WITH AN APPROVED SUP.

THE PROPOSED APPLICATION OF PERMANENT MAKEUP AS A SECONDARY USE AND THE SITE PLAN ARE IN COMPLIANCE WITH THE CRITERIA FOR GRANTING THE SUP.

NEXT SLIDE.

AND WE'RE NOT RECOMMENDING ANY ADDITIONAL CONDITIONS BE IMPOSED FOR APPROVAL OF THE SUP.

THE LAND USE DESIGNATION WE INCLUDED, JUST FOR YOUR FYI, IS DOWNTOWN.

IT HAS REALLY NO BEARING ON THE GRANTING OF THE SUP.

NEXT SLIDE, PLEASE.

THIS IS THE ZONING MAP AND THE AREA FOR THE SUP.

NEXT SLIDE.

THIS IS THE EXISTING LAND USE.

NEXT SLIDE. I'M PROPOSED SITE PLAN AND FLOOR PLAN AS IS REQUIRED.

NEXT SLIDE. WE DID NOTIFY 25 PROPERTY OWNERS WITHIN 200 FEET AND WE RECEIVED TWO RESPONSES BACK AND THEY WERE IN FAVOR OF THE.

REQUEST NEXT SIZE.

THE PROPOSED APPLICATION OF PERMANENT MAKEUP AS A SECONDARY USE AND SITE PLAN, AS I PREVIOUSLY STATED, ARE IN COMPLIANCE WITH THE CRITERIA FOR GRANTING AN SUP.

WE'RE NOT RECOMMENDING ANY ADDITIONAL CONDITIONS BE IMPOSED.

THEREFORE, STAFF IS RECOMMENDING APPROVAL.

DO WE HAVE ANYBODY THAT'S WISHING TO SPEAK ON THIS? THE APPLICANT, JENNIFER STEVENS, IS ONLINE.

JENNIFER, WELCOME.

HELLO. WOULD YOU LIKE TO SPEAK OR SAY ANYTHING ABOUT THIS? I DON'T KNOW. CAN YOU HEAR ME? YES, WE SURE CAN.

OH, OKAY. WELL, HI.

HELLO. OKAY.

I DON'T REALLY KNOW WHAT TO SAY, BUT HOPEFULLY IT CAN GET PAST, AND I'M EXCITED TO GET TO BE WORKING DOWNTOWN.

OKAY. SO YOU'RE ONLINE IF WE HAVE ANY QUESTIONS, THOUGH, AM I CORRECT? OH, YES, SIR.

OKAY. WELL, THANK YOU SO MUCH, JENNIFER.

DO WE HAVE ANYBODY ELSE WISHING TO SPEAK ON THIS? NO, SIR. OKAY. HEARING NONE.

THEN I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING.

IT IS NOW 5:39.

COMMISSIONERS, DO WE HAVE ANY QUESTIONS OR COMMENTS OR CONCERNS? JUST TO CLARIFY, THIS IS A RENTAL SUITE INSIDE THE, WHAT I THINK OF AS, THE OLD CHRISTIANS FUNERAL HOME BUILDING.

IS THAT CORRECT? THAT'S CORRECT.

OKAY. CAN JENNIFER, TELL US A LITTLE BIT ABOUT THE PROCESS INVOLVED IN--.

FORGIVE ME. I DON'T KNOW MUCH ABOUT MAKEUP, SO.

CAN JENNIFER, TELL US A LITTLE BIT ABOUT WHAT THAT PROCESS INVOLVES.

YES. SO-- RIGHT. PERMANENT MAKEUP.

SO IT IS USING A HANDHELD ROTARY MACHINE.

IT'S VERY SIMILAR TO A TATTOO MACHINE.

BUT IT IS DIFFERENT, AS IN IT'S ACTUALLY NOT REALLY PERMANENT.

IT'S VERY SUPERFICIAL AND DOES REQUIRE TOUCH UPS AND MAINTENANCE, SO.

BUT IT IS IMPLEMENTING THE PIGMENT INTO THE SKIN.

[00:10:01]

OKAY. SO A QUESTION FOR DEDRA.

THIS IS PERMANENT MAKEUP IS DIFFERENT THAN TATTOOING, RIGHT? THEY CAN'T BE ONE OF THE SAME.

THAT'S CORRECT. AND THAT'S WHY WE MADE THAT DISTINCTION.

[INAUDIBLE]. THAT WAS MY ONLY QUESTION.

WOW. STOLE MY THUNDER [LAUGHTER].

DO WE HAVE ANY OTHER QUESTIONS? CONCERNS? ANY COMMENTS? ONE QUESTION, WILL THIS GO WITH THE-- REMAIN WITH THE PROPERTY, OR WILL THIS BE WITH THE INDIVIDUAL THAT'S CURRENTLY THERE? YES. SAY SHE MOVES OUT AND ANOTHER TENANT MOVES IN, WILL THEY STILL BE ABLE TO DO THIS UNDER THAT? THE SUP IS FOR THE USE.

OKAY. SO IT WON'T MATTER WHO'S THERE.

IF SHE LEAVES IN, ANOTHER OCCUPANT COMES IN, THEY'LL STILL BE ABLE TO DO THE SAME THING.

OKAY. IF THEY'RE DOING MICROBLADING.

YES. IF NOT, THEN THE SUP GOES AWAY.

OKAY. JUST CURIOUS.

ANY OTHER QUESTIONS? HEARING NONE, I'LL ENTERTAIN A MOTION.

I'LL MOVE TO ACCEPT STAFF'S RECOMMENDATION TO ACCEPT THE SUP.

I'LL SECOND. I'VE GOT WILL MAKING A MOTION TO APPROVE.

AND I'VE GOT JOHN LANIER ON THE SECOND.

THOSE IN FAVOR, AYE.

AYE. THOSE OPPOSE? MOTION CARRIES JENNIFER.

YAY. THANK YOU.

THANK YOU. OKAY.

[ITEM 4: Commission to take action to make a recommendation to the City Council regarding a request to preliminary plat Lots 1-73, Block A; Lots 1-68, Block B; Lots 1-14, Block C; Lots 1-32, Block D; Lots 1-23, Block E; Lots 1-25, Block F, Lots 1-44, Lot G; Lots 1-26, Block H; Lots 1-28, Block I, Lots 1-9, Block J; Lots 1-30, Block K; Lots 1-20, Block L; Lots 1-18, Block M; Lots 1-33, Block N; and Lots 1-41, Block O, and 16 Open Space lots (500 total lots) Meadow Creek Addition, to the City of Decatur, Wise County, Texas, being an approximate 137.02-acre tract of land, of which 83.22 acres is in the William S. Hogue Survey, Abstract Number 385, Wise County, Texas, and of which 53.80 acres is in the Smith Bowen Survey, Abstract Number 51, City of Decatur, Wise County, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application PP2022-01—Mr. Troy Lewis, on behalf of Rick and Derek McCarley)]

NON-PUBLIC HEARING ITEMS. ITEM NUMBER 4, DEDRA.

ITEM 4 IS MR. TROY LEWIS' REQUEST ON BEHALF OF RICK AND DERECK MCCARLEY TO PRELIMINARY PLAT LOTS 1-73, BLOCK A; LOTS 1-68, BLOCK B; LOTS 1-14, BLOCK C; LOTS 1-32 BLOCK D; LOTS 1-23, BLOCK E; LOTS 1-25, BLOCK F; LOT 1-44, [INAUDIBLE] BLOCK G; LOTS 1-26, BLOCK H; LOTS 1-28, BLOCK I; LOTS 1-9, BLOCK J; LOTS 1-30, BLOCK K; LOTS 1-20, BLOCK L; LOTS 1-18, BLOCK M; LOTS 1-33, BLOCK N; AND LOTS 1-41, BLOCK O; AND 16 OPEN SPACE LOTS FOR A TOTAL OF 500 LOTS FOR THE MEADOW CREEK ADDITION.

THIS IS APPROXIMATELY 137.02 ACRE TRACT OF LAND, OF WHICH 83.22 ACRES IS IN THE WILLIAM S .

HOGUE SURVEY, ABSTRACT NUMBER 385, AND OF WHICH 53.8 ACRES IS IN THE SOUTH--.

I'M SORRY. IN THE SMITH BOWEN SURVEY, ABSTRACT NUMBER 51.

NEXT SLIDE. THESE ARE COMMENTS THAT STAFF HAD FOR THE PRELIMINARY PLAT. THE OUTSTANDING COMMENT IS FROM PLANNING BASED ON THE GAS WELL OPERATOR LETTERS.

IT'S NOT TECHNICALLY A PLANNING ISSUE, BUT IT IS A COMMENT THAT IS IN THE SUBDIVISION REGULATIONS.

WE HAVE NOT RECEIVED ANY LETTERS FROM THE APPLICANT WITH REGARDS TO THE GAS WELL OPERATORS THAT WERE IDENTIFIED INITIALLY IN THEIR CONCEPT PLAN, WHICH INCLUDED CANTERA RESOURCES INC, NUEVE OPERATING CORPORATION, ENSEARCH CORPORATION, AND THEN TEXAS POWER AND LIGHT WAS ALSO A CARRIER THAT WAS LISTED.

PER THE SUBDIVISION REGULATIONS, AND I HAVE IDENTIFIED THE SECTIONS, LETTERS OF APPROVAL FOR ACCEPTANCE BY THE FOLLOWING ENTITIES AND OUR UTILITIES AS AFFECTED BY THE PROPERTY BEING PLATTED ARE REQUIRED.

AS YOU CAN SEE, THEY DID PROVIDE US WITH LETTERS FROM THE ELECTRIC COMPANY AND FROM THE TELEPHONE COMPANY, BUT WE DID NOT RECEIVE LETTERS PRIMARILY FROM THE GAS WELL OPERATORS.

STAFF IS RECOMMENDING DENIAL OF THE PRELIMINARY PLAT APPLICATION 2021-- I'M SORRY.

2022-01 BASED ON [INAUDIBLE] THAT DEFICIENCY.

[00:15:01]

WE HAVE GIVEN THE APPLICANT SEVERAL OR A COUPLE OF 30 DAY EXTENSIONS.

WE TOLD THEM INITIALLY WHEN THE APPLICATION WAS SUBMITTED, THIS WAS THE REQUIREMENT.

WE WOULD NEED THE LETTERS FROM THE GAS WELL OPERATORS, AND TO DATE WE DO NOT HAVE THEM.

I MEAN, IN SPEAKING TO OUR CITY ATTORNEY, WE REALLY CANNOT MOVE FORWARD WITH THE PRELIMINARY PLAT WITHOUT THESE LETTERS.

HOW MANY GAS WELLS--? IS THERE JUST ONE GAS WELL, OR IS THERE MORE THAN ONE? THERE'S MORE THAN ONE.

THREE OR FOUR, I THINK.

ALL DIFFERENT OPERATORS? BASED ON THE INFORMATION THAT THEY INITIALLY PROVIDED US, YES.

AND WE DON'T HAVE LETTERS FROM ANY OF THOSE? WE HAVE AN EMAIL THREAD BETWEEN, I BELIEVE IT'S PROCTER? RANGER? RANGER. YEAH, I'M SORRY.

AN EMAIL THREAD BETWEEN RANGER AND THEM, BUT IT REALLY DOESN'T SAY, YOU KNOW, IT'S AN APPROVAL.

IT'S JUST A CONVERSATION ABOUT MOVING THE GAS LINE.

SO THESE APPROVAL--.

OR CAN WE ASK QUESTIONS, CECIL? SURE. YEAH, ABSOLUTELY. SO THIS--.

YOU BASICALLY JUST NEED ACKNOWLEDGMENT FROM THE OPERATORS OF WHAT IS BEING DONE AROUND THESE WELLS THAT WOULD INDICATE THEIR APPROVAL OF THAT, RIGHT? THAT THEY'RE OKAY WITH THE PRELIMINARY PLAT.

WHAT ALL THAT INVOLVES.

AND WE HAVE NOT RECEIVED ANY KIND OF COMMUNICATION FROM THEM AS OF YET, AM I CORRECT? THAT IS CORRECT.

OKAY. OKAY.

BUT THE APPLICANT WOULD LIKE TO SPEAK TO YOU GUYS, I GUESS, IN REGARDS TO THIS.

THEY ARE HERE.

IF YOU WOULD TELL US YOUR NAME AND ADDRESS.

YOU BET. JODY BOYD, 2727 HIDDEN LAKES DRIVE, GRAPEVINE, TEXAS.

WE PRINTED OUT SOME--.

YOU KNOW, ORIGINALLY WHEN WE FIRST SUBMITTED THIS TWO MONTHS AGO, AS DEDRA SAID, WE'VE HAD A 30 DAY-- HOW ARE YOU TIED TO THIS? I'M SORRY. I'M PARTNERS--. TROY AND I ARE PARTNERS IN THE-- GO AHEAD. YES, SIR. SO WE HAVE-- WE'VE PRINTED OUT HERE, TROY, IF YOU GUYS WOULD LIKE TO SEE THEM, A LIST OF EMAIL CORRESPONDENCES.

THERE'S ACTUALLY SEVERAL DIFFERENT THINGS GOING ON WITH THIS PROPERTY.

THERE ARE TWO TRANSMISSION LINES THAT GO ACROSS THIS, OIL AND GAS TRANSMISSION LINES.

ONE IS ENLINK.

ONE IS COLT GATHERING.

OKAY? YOU'LL SEE AT THE END OF YOUR PACKET THERE AND ESTIMATE WE HAVE FROM ENLINK TO MOVE THEIR GAS LINE.

THERE'S ALSO, IN ADDITION TO THE TWO TRANSMISSION LINES, THERE'S TWO DIFFERENT OIL AND GAS OPERATORS.

SO WE'VE GOTTEN DOWN THE ROAD PRETTY FAR WITH ONE OF THEM, RANGER OPERATING, WHICH HAS ONE OF THE GAS WELLS.

WE'RE GOING TO BUY THEM OUT OF THE GAS WELL AND PLUG IT.

THE OTHER ONE IS OWNED BY A GENTLEMAN NAMED TROY PETERSON, AND IF YOU LOOK ON PAGE SIX THERE, HE'S NOT EVEN WILLING TO START THAT PAPERWORK UNLESS WE GIVE HIM 75% OF THE MONEY FOR THE DEAL.

YOU KNOW, WHAT WE'D LIKE TO DO TONIGHT IS ASK FOR A CONDITIONAL RECOMMENDATION FOR APPROVAL BASED ON WORKING OUT FINAL AGREEMENTS WITH THE OIL AND GAS PEOPLE.

I MEAN, THAT COULD BE A YEAR DOWN THE ROAD BEFORE WE COME BACK WITH A FINAL PLAT.

I GUESS OUR POSITION IS THAT THIS IS A PRELIMINARY PLAT.

EVERYTHING'S NOT FIGURED OUT.

WHEN WE COME BACK IN THE FUTURE WITH THE FINAL PLAT, THERE'S GOING TO BE SOME CHANGES FOR DRAINAGE WHEN ENGINEERING STUDY GETS FULLY DONE.

THERE ARE GOING TO BE ADDITIONAL CHANGES, BUT WE JUST HAVE TO HAVE THIS TO MOVE THE PROCESS FORWARD FROM OUR PERSPECTIVE, TO GET THE DEAL CLOSE, TO GET DOWN THE ROAD ON IT.

SO, YOU KNOW, UNFORTUNATELY, THE OIL AND GAS COMPANIES ARE NOT ON THE CITY'S TIME FRAME.

THEY'RE NOT--. THEY DON'T PUNCH THE CITY'S CLOCK.

WE'RE DOING EVERYTHING WE CAN TO MAKE THAT HAPPEN.

PART OF THAT IS AN OWNERSHIP PERSPECTIVE.

SO IF WE HAVE THE ABILITY TO GET THIS DONE, CLOSE THE PROPERTY, NOW WE HAVE A LITTLE MORE POWER TO NEGOTIATE WITH OIL AND GAS PEOPLE.

BUT I THINK YOU CAN SEE FROM THE EMAILS THERE, WE'RE DOING OUR BEST TO GET THIS WORKED OUT.

AS FAR AS THE TRANSMISSION LINES, WE'VE GIVEN THEM EASEMENTS IN THE PLAT TO MOVE THOSE LINES.

THEY'RE AGREEABLE TO MOVE THEM.

IT'S JUST A MATTER OF GETTING THROUGH THE PROCESS WITH THEM.

IT'S A LITTLE BIT DIFFERENT STORY WITH THE OIL AND GAS WELLS THEMSELVES.

WORST CASE SCENARIO, WE'LL JUST REPLAT IT AND PLAT OUT THE OIL AND GAS WELLS THAT WE CAN'T BUY AND PLUG.

BUT IN ORDER TO GET OUR PROCESS DOWN THE ROAD, YOU KNOW, WE'D LIKE TO GET CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT, UNDERSTANDING THERE'S STILL A LOT TO GET FIGURED OUT WITH THE FINAL PLAT, INCLUDING ENGINEERING AND ALL OF THOSE THINGS.

OKAY.

JODY, DID DEDRA GET A COPY OF THIS? YES, I BELIEVE SHE HAS A COPY OF THOSE EMAILS.

[00:20:06]

LET ME SPEAK TO THIS. SO BASICALLY-- BASICALLY, YOU KNOW, AS DEDRA HAD MENTIONED, THE COMMENTS ABOUT THIS CAME EARLY ON IN OUR SUBMITTAL.

SO OUR THIRD RE-SUBMITTAL, WHICH WAS ABOUT A WEEK OR TWO AGO, AS WE REVIEWED THE COMMENTS FROM THE LATEST SUBMITTAL, THESE DIDN'T NECESSARILY SHOW UP UNDER THOSE DATE, SO WE WEREN'T AWARE THESE WERE STILL AN ISSUE.

WE KIND OF FELT LIKE THEY WERE TAKEN CARE OF TO PLEASE THE CITY AND THE ORDINANCE.

WHEN SHE REACHED BACK OUT TO US LAST WEEK AND SAID WE WERE DENIED, THAT'S WHEN WE WENT TO A LITTLE BIT FURTHER, PUT THIS PACKET TOGETHER.

THAT'S WHERE THE POINT WHERE WE SAID, HEY, KEEP US ON THE AGENDA.

WE'LL PUT THE PACKET TOGETHER TO SHOW FURTHER EVIDENCE AND HARD EVIDENCE THAT WE'VE GOT COMMUNICATION GOING.

WE JUST CAN'T GO SPEND MONEY ON THIS UNTIL WE HAVE A DEVELOPMENT LOAN THAT IS MANY MONTHS DOWN THE LINE.

SO, WHILE YES, WE WERE AWARE OF IT, WE THOUGHT WE ADDRESSED IT AND WE'VE READDRESSED IT AND LIKE I SAID, GIVEN YOU GUYS THE PACKET SO YOU CAN SEE WHAT'S GOING ON. [INAUDIBLE] YOU'VE BEEN ISSUED--.

OH, OH, SORRY. SO DEDRA DOESN'T HAVE THIS PACKET.

WE PUT THE--. WE FINALIZED THIS PACKET THIS AFTERNOON FOR THIS MEETING.

SO WE CAN SEND HER A COPY OF THIS, BUT THAT WAS, WE KNEW WE'D COME SPEAK TO YOU AND THAT'S WHERE WE WERE GOING TO--.

PATRICIA PATRICIA HASN'T--.

LIKE I HAVEN'T REVIEWED ANY OF THIS OR PATRICIA, SO WE WOULD NEED TIME TO DO THAT AS WELL.

SO WE--.

THAT WE ALL KNOW THIS HAS TO BE DONE PER THE ORDINANCE.

WE ALL KNOW IT HAS TO BE COORDINATED FOR US TO BE ABLE TO HAVE CONSTRUCTION PLANS.

WE'RE NOT SAYING WE'RE NOT GOING TO DO IT.

WE JUST ARE ASKING YOU TO MAKE IT A CONDITION FOR THE APPROVAL SO WE CAN'T GET A FINAL PLAT APPROVED UNLESS WE'VE GOT IT.

WE'D LIKE TO HAVE A PRELIMINARY PLAT TO BE ABLE TO GO CLOSE TO THE LAND LIKE JODY SAID.

SO THEN WE BECOME THE OWNERS AND WE'RE NEGOTIATING WITH THE GAS COMPANY ON OUR BEHALF, NOT ON OUR OWNERS AND OUR BEHALF.

YEAH. HOW MANY 30 DAY EXTENSIONS HAVE YOU BEEN GRANTED? I THINK TWO.

WAS IT ONE OR TWO? SO IS THERE A CHANCE THAT YOU COULD GET THIS LAND AND THEN NOT GET THESE CONDITIONS WORKED OUT? WORST CASE SCENARIO, WE WOULD REDESIGN DURING OUR FINAL PLAT TO ACCOMMODATE WHAT THE GAS COMPANIES--.

IF THEY STRONG ARMED US, WE WOULD REDESIGN TO BE ABLE TO WORK AROUND THAT.

THEY WOULD HAVE TO DO THAT BEFORE THE FINAL PLANT.

RIGHT. RIGHT.

BUT PART OF WHY WE BROUGHT YOU THE PACKET, THE COMMUNICATION IS THERE, WE HAVE A COST ESTIMATE OF OVER $700,000 FROM ONE GAS COMPANY.

THEY'RE NOT GOING TO TAKE THE TIME TO GIVE US AN ESTIMATE UNLESS THEY'RE COMMITTED TO WORKING WITH US.

SO WHILE WE DON'T HAVE A CONTRACT, WE DON'T HAVE AN OFFICIAL LETTER, THERE'S BEEN SUBSTANTIAL ON SITE MEETINGS AND EMAIL CONVERSATION THAT THIS IS MOVING FORWARD.

BUT LIKE JODY POINTED OUT, PAGE SIX, ONE OF THE GAS COMPANIES WANTS 75% OF HIS MONEY UP FRONT BEFORE WE EVEN HAVE AN AGREEMENT.

WELL, NO. OUR LAWYER IS NOT GOING TO LET US DO THAT EITHER.

[LAUGHTER] SO WE'RE JUST ASKING THAT YOU HELP US MOVE THINGS FORWARD BY CONDITIONALLY APPROVING THE PRELIMINARY PLAT SO WE CAN GET DOWN THE ROAD AND WE'LL CONTINUE THESE CONVERSATIONS. AND LIKE WE SAID, WORST CASE SCENARIO, AM I RIGHT, JODY? WE JUST WORK AROUND IT.

SO ONE OF THESE LINES IS A DIAGONAL TRANSMISSION LINE ACROSS OUR PROPERTY.

IT IS NOT ECONOMICALLY BENEFICIAL TO US TO HAVE THAT, BUT WORST CASE SCENARIO, WE'VE ALWAYS KNOWN IF WE HAVE TO DESIGN AROUND THE EXISTING LINE, WE MAY SAVE $800,000 NOT HAVING TO MOVE IT, BUT WE LOSE HOW MANY LOTS? SO IT'S A BUSINESS DECISION WHERE WE'RE CONFIDENT THE PROJECT STILL HAPPENS.

IT'S JUST BETTER THAT WE WORK WITH THE GAS COMPANIES AND PAY THEM THE MONEY TO BE ABLE TO DO THIS.

DEDRA. CAN I ASK? GO AHEAD. IS THIS THE ONLY ISSUE THAT'S HOLDING UP-- FROM A STAFF PERSPECTIVE, HOLDING UP YOUR RECOMMENDATION FOR APPROVAL OF THE THIS IS THE ONLY ISSUE.

OKAY. [INAUDIBLE] SOLUTION? I CAN'T REALLY SPEAK TO THAT, CECIL.

I MEAN, UNTIL OUR CITY ATTORNEYS HAVE REVIEWED WHAT THEY'VE PROVIDED, I DON'T--.

YOU KNOW, A CONDITIONAL APPROVAL IS STILL AN APPROVAL.

I DON'T UNDERSTAND HOW YOU--.

WELL, WHAT ARE, I GUESS, THE LEGAL RAMIFICATIONS OF--? I MEAN, CAN YOU--. CAN WE GRANT ANOTHER 30 DAY EXTENSION? WOULD THAT EVEN DO THE DEVELOPER ANY GOOD AS OPTION A? AS OPTION B, YOU KNOW, WE'RE TALKING ABOUT A CONDITIONAL APPROVAL.

I DOUBT THAT IT'S A PROBLEM THAT THEY CAN SOLVE IN 30 DAYS.

[00:25:03]

I DON'T THINK IT IS EITHER.

IT DOESN'T SOUND LIKE IT IS. THE ONLY QUESTION FOR A FURTHER DELAY I'VE GOT IS JUST TO CONSTRUCT THE WORDING OF THE CONDITION THAT YOU'RE ASKING FOR.

I UNDERSTAND WHAT'S GOING ON.

I HAVE SOME BACKGROUND IN BOTH REAL ESTATE AND OIL AND GAS AND I KNOW HOW UNREASONABLE OIL AND GAS COMPANIES CAN BE.

AND I WOULD THINK THAT THERE SHOULD BE--.

BUT YOU NEED SOME SORT OF AN APPROVAL IN ORDER TO BE ABLE TO MOVE FORWARD WITH YOUR PURCHASE AND TO GET YOUR DEVELOPMENT LOAN, AND I UNDERSTAND THAT.

I UNDERSTAND YOU HAVE TO HAVE THAT.

SO MY QUESTION, IF YOU COULD MOVE OVER A LITTLE, FOR OUR LAWYER IS, CAN YOU WORD SOME SORT OF GENERAL CONDITION THAT THEY'RE ASKING FOR, THAT WE'RE APPROVING IT, BUT IT IS CONDITIONAL UPON THEM BEING ABLE TO SATISFY THE STAFF'S REQUIREMENTS WITH REGARD TO THESE OIL AND GAS AND WHATEVER OTHER ISSUES THERE ARE? YES. YOU MEAN YOU WANT ME TO WRITE ONE OR ARE YOU JUST ASKING IF THAT'S AN APPROPRIATE--? YEAH. WHAT I'M SAYING IS MY PERSONAL INCLINATION WOULD BE TO GRANT WHAT THEY'RE ASKING FOR TONIGHT, BUT--.

YEAH. I BUT IN ORDER TO TO GRANT IT, WE GOT--.

ABSOLUTELY. HAVE SOME SORT OF LANGUAGE FOR THE CONDITION.

YES. I THINK WHAT YOU JUST SUGGESTED IS APPROPRIATE AND ACCURATE.

BUT SORRY, I DIDN'T MEAN TO CUT YOU OFF. NO, NO, NO, NO.

OR TO GRANT ANOTHER 30 DAY EXTENSION, NOT THAT I'M TRYING TO PUSH THESE GUYS OFF BECAUSE I KNOW THEY'RE TRYING TO GET THIS THING GOING--.

AND THEY'RE TRYING AND I UNDERSTAND--.

EVERYBODY, AND MAYBE IN THAT 30 DAYS, YOU GUYS CAN STILL KIND OF BE WORKING OUT SOME OF THESE DETAILS.

I DON'T KNOW. [INAUDIBLE] A 30 DAY EXTENSION, THOUGH, THAT DOESN'T GET THEM TO WHERE THEY CAN GET IN AND GET THEIR LOANS SATISFIED.

NO, NO. YEAH, AND I'LL ALSO ADD ON TO THAT, I MEAN, CONTRACTUALLY, THAT'S A REAL PROBLEM FOR US.

OKAY. BE FRANK WITH YOU.

I'M JUST TRYING TO I'M SORRY, WILL. GO AHEAD. [INAUDIBLE].

IF WE WERE TO PUT THIS AS SOME TYPE OF A CONDITIONAL APPROVAL, WHAT WOULD BE THE VERBIAGE? SO WHAT MASON SUGGESTED IS GOOD.

DEDRA, WOULD YOU GUYS DO LIKE A FORMAL RESPONSE TO THE APPLICANT BESIDES WHATEVER MOTIONS MADE, TYPICALLY? OR CHERYL, DO YOU KNOW? I'M SORRY, EMILY.

I'M NOT UNDERSTANDING YOUR QUESTION.

IF THEY DID A CONDITIONAL APPROVAL AND IN THEIR MOTION LISTED THEIR CONDITION, WOULD YOU GUYS PROVIDE A WRITTEN WRITE UP TO APPLICANT? BECAUSE THEN THAT WOULD GIVE US TIME TO, YOU KNOW, PUT SOMETHING TOGETHER.

WELL, SO I DON'T KNOW WHAT THOSE STEPS NECESSARILY [INAUDIBLE], BUT-- [COUGH].

I GUESS--. IT WOULD BE IN YOUR MOTION, BUT I'VE SEEN SOME CITIES PROVIDE A WRITTEN EXPLANATION TO THE APPLICANT EXPLAINING WHAT THE MOTION MEANS OR DETAILS FURTHER.

SO IT'S UP TO YOU GUYS WHETHER YOU WANT TO DENY OR APPROVE WITH THE CONDITION, AND I CAN WRITE IT OUT IF THAT'S EASIER FOR WHOEVER'S MAKING THE MOTION.

WELL--. WELL, AND REMEMBER, EMILY, IT'S JUST A RECOMMENDATION.

IT'S GOT TO GO TO CITY COUNCIL.

SORRY, GUYS. SO RECOMMEND--.

I'M JUST DOING SOMETHING OUT THERE FOR SOMETHING TO TALK ABOUT.

RECOMMENDING APPROVAL CONDITIONAL UPON, YOU KNOW, STAFF'S AGREEMENT WITH OUR CITY ATTORNEYS ABILITY TO DRAFT UP LANGUAGE THAT'S, YOU KNOW.

WELL, I DON'T EVEN KNOW.

COULD YOU JUST GO RIGHT BACK THERE [LAUGHTER]? WELL, AND THE CONDITIONAL APPROVAL IS NOT FOR STAFF.

THE CONDITIONAL APPROVAL IS FOR THE APPLICANT.

YEAH, THE CONDITIONAL APPROVAL OF THIS PRELIMINARY PLAT AND THE CONDITION BEING THAT IT WILL NOT ADVANCE TO ANY FURTHER APPROVALS BEYOND THIS UNTIL SUCH TIME AS OIL AND GAS AND UTILITY RELATED ISSUES HAVE BEEN FULLY ADDRESSED.

AND THEY'LL HAVE TO BE FULLY ADDRESSED BEFORE THEY COME BACK TO US FOR THE FINAL PLAT APPROVAL ANYWAY.

THAT IS--. AND JUST TO ADD, CHERYL, LET ME KNOW THEY'VE HAD ONE EXTENSION, SO IF YOU GUYS WANTED TO GO THE EXTENSION ROUTE, THAT'S AN OPTION.

I APPRECIATE WHAT YOU'RE SAYING, BUT I UNDERSTAND THEY'VE GOT CONTRACTUAL ISSUES, AND I UNDERSTAND HOW SOMETIMES OIL AND GAS COMPANIES CAN SORT OF JUST--.

[00:30:09]

YEAH. I DON'T WANT TO SAY ANYMORE IF THE SITUATION IS THAT ALL OF THIS IS GOING TO BE ADDRESSED AT FINAL PLAT ANYWAY, THEN WHY DON'T WE JUST APPROVE IT? WELL, BUT--.

WHY DO THERE HAVE TO BE CONDITIONS? I THINK THE REASONING FOR THE CONDITIONS HAS TO DO WITH WHAT EMILY WAS SAYING, THAT IT'S MADE CLEAR BOTH TO THE APPLICANT AND TO COUNCIL, THAT THERE ARE STILL SIGNIFICANT, SERIOUS ISSUES THAT DISTURB US THAT ARE HANGING OVER US, THAT THIS IS NOT JUST ANOTHER ONE OF THOSE WHO ARE SAYING YOU'RE HERE [INAUDIBLE] AND YOU'RE GOING TO BE BACK IN A MONTH [INAUDIBLE] GET THE FINAL.

THAT'S NOT HOW THIS IS GOING TO GO.

THERE'S A LOT OF WORK THAT'S GOT TO BE DONE ON THIS TO SATISFY THESE CONDITIONS.

AND THAT'S WHY YOU ATTACH THE CONDITION TO THE MOTION.

NOT ONLY THAT, SO WHEN IT COMES BACK TO US THREE MONTHS FROM NOW OR WHENEVER THESE ISSUES ARE MORE FULLY ADDRESSED AND WE'RE LOOKING AT A SIGNIFICANTLY MODIFIED PLAT, IT WILL REMIND ALL OF US AS [INAUDIBLE].

MATTER OF RECORD. YES.

AND THEN JUST PRECEDENT, IF YOU LET--.

IF FEW APPROVE [INAUDIBLE] WITHOUT CONDITIONS, WHEN THERE'S A SUBREG TO CITE TO THAT THEY HAVEN'T COMPLIED WITH, YOU COULD HAVE--.

NOT TO SAY YOU GUYS WON'T, BUT YOU COULD HAVE ANOTHER APPLICANT COME IN AND SAY, WELL, YOU DID IT FOR THEM, DO IT FOR ME.

SO JUST SOMETHING TO THINK ABOUT.

YEAH. THE PRECEDENT IS GOOD.

SO I WOULD MOVE THAT WE APPROVED THIS SUBJECT TO THE CONDITION, IF YOU SORT OF GOT WHAT I-- HOW I WORDED IT, AND THAT THAT IS EXPLAINED FULLY ALSO TO COUNCIL WHEN THIS COMES BEFORE THEM BECAUSE THEY'RE THE FINAL [INAUDIBLE] IN ALL OF THIS ANYWAY.

I'LL SECOND THAT.

[INAUDIBLE]. OKAY.

ANYBODY ELSE GOT--? OKAY. GO AHEAD.

YEAH. THAT WE'RE TALKING.

IT'S CONDITIONAL ON THE FINAL PLAT, NOT ANY OTHER APPROVALS.

IT WAS A LITTLE GENERIC WHEN YOU WERE TALKING ABOUT IT.

WE'RE ASKING IT'S CONDITIONAL APPROVAL OF THE PRELIMINARY PLAT THAT IT BE WELL, SO WE DO NEED TO ADDRESS TIMELINE.

SO WHEN DO THEY WANT THAT STANDARD THAT'S NOT YET MET FIXED BY? IS IT FINAL PLOT TIME OR DO WE WANT PRIOR TO THAT SPECIFIC ISSUE? BUT BEFORE WE APPROVE ANY OTHER REQUEST, THE PROBLEM I HAVE WITH ANSWERING YOUR QUESTION IS WE DON'T KNOW WHAT KIND OF AGAIN, THIS IS IN FLUX.

SO IT'S POSSIBLE THAT THERE COULD BE SOME INTERMEDIATE [INAUDIBLE] THAT YOU DECIDE YOU WANT TO TAKE BETWEEN NOW AND THE FINAL PLAT THAT YOU NEED SOME APPROVAL FROM US.

AND ALL I'M SAYING IS EVERYTHING DEPENDS ON--.

YOU MAY DECIDE YOU CAN SOLVE ONE PROBLEM AND YOU MAY WANT TO SPLIT THIS INTO A PHASE ONE AND PHASE TWO AND BECAUSE YOU'VE SOLVED THE PROBLEM UP HERE, BUT YOU DON'T HAVE IT SOLVED DOWN HERE.

THIS COULD GO ANY DIRECTION.

SURE. I'M TRACKING WHERE YOU'RE WRONG WITH THAT, AND I THINK WE'RE FINE WITH THAT.

SO--.

I THINK YOU JUST WANT TO CLARIFY BEFORE CITY COUNCIL WHAT'S THE DIFFERENCE THERE? YES. BUT AT THE SAME TIME, LET YOU AND EVERYBODY ELSE KNOW THAT ASSUMING THESE CAN BE SOLVED, THAT WE'RE OKAY WITH THIS GOING FORWARD. SO YOU CAN CLOSE YOUR CONTRACTS AND YOU CAN MAKE YOUR PITCH TO YOUR BANK AND YOU CAN ALSO HAVE MORE SERIOUS CONVERSATIONS WITH THE OIL COMPANY.

YES, SIR. AND THANK YOU.

CECIL? CECIL? IT'S EARL. HEY, ONE OTHER THING TO KEEP IN MIND, TOO, IS YOU HAVE BEFORE YOU HIS PRELIMINARY PLAT LAYOUT.

IF BY SOME--.

IF SAY TROY COULDN'T WORK THIS OUT WITH A GAS COMPANY AND HE HAD TO REARRANGE STREETS AND LOTS AND ALL THAT STUFF, HE'S GOING TO HAVE TO RESUBMIT A NEW PRELIMINARY PLAT.

SO THIS WOULD ALL START ALL OVER FROM SCRATCH, OK? SO. AND WE ACKNOWLEDGE THAT.

I MEAN, IF THAT'S THE CASE, THEN SO BE IT.

THIS JUST GETS US DOWN THE ROAD, AS MR. WOODRUFF WAS IDENTIFYING.

WE'VE GOT TO GET THIS APPROVAL TO GET DOWN THE ROAD WITH THE BANK AND PUT THIS TO BED SO THAT--.

THEN WE'VE GOT ANOTHER SIX MONTHS, WE CAN GO GRIND ON THE OIL AND GAS COMPANIES TO MAKE SURE WE GET TO SOME AGREEMENT.

IT ALMOST SOUNDS LIKE TO ME THAT YOU ACTUALLY NEED THIS CONFIRMATION TO HAVE MORE IN-DEPTH CONVERSATIONS WITH THE OIL COMPANIES ABOUT--. YES. YOUR OPTIONS ARE AND PRICES TIED TO THOSE? YES, SIR. [INAUDIBLE] KNOW YOU'RE NOT KICKING THE TIRES.

CORRECT. IT'S LIKE YOU HAVE TO TAKE ONE STEP TO START MOVING FORWARD.

YES. YEAH, IT'S THE FIRST DOMINO, RIGHT? WE HAVE A MUCH STRONGER POSITION FOR THE OWNERS NOW TO NEGOTIATE THOSE SURFACE USE AGREEMENTS WITH THE OIL AND GAS COMPANIES, AND FRANKLY, THE TRANSMISSION LINES ARE NOT AN ISSUE. IT'S THE OIL AND GAS WELLS THEMSELVES.

WHICH THE ULTIMATE RESULT BEING AS EARL SAID, WE COME BACK WITH ANOTHER PRELIMINARY PLAT THAT CARVES THOSE OUT AND MAKE SOME ASSESSMENTS FOR THAT, SO.

[00:35:02]

I MEAN, I'M IN FAVOR OF THIS.

I'M JUST TRYING TO THINK OUT OF ALL OF THE LOGISTICS, YOU KNOW, AND JUST TRYING TO BE DEVIL'S ADVOCATE OF WHAT--.

WHAT'S PREVENTING YOU FROM CLOSING NOW WITHOUT HAVING A PRELIMINARY PLAT APPROVED? YEAH. BECAUSE IT'S DEVELOPMENT, WE'RE HAVING TO CLOSE THE DEVELOPMENT LOAN AND THE LAND AT THE SAME TIME.

THE PRELIMINARY PLAT IS ONE OF THE REQUIREMENTS FROM JUST ABOUT 100% OF THE BANKS OUT THERE.

OH, OKAY. ALL RIGHT.

SO THAT'S THE ISSUE. SO, THE LENDER IS REQUIRING A PRELIMINARY PLAT.

OKAY. ALL RIGHT. PERFECT.

ALL RIGHT. ANY OTHER QUESTIONS, COMMENTS OR CONCERNS? HEARING NONE, LET'S SEE IF I CAN GET THE VERBIAGE ON THIS ONE RIGHT.

YEAH, GOOD LUCK.

I'LL ENTERTAIN A MOTION FOR A CONDITIONAL--.

HAVE YOU? WELL, I DIDN'T-- WE JUST HAD MORE DISCUSSION, WHICH WAS APPROPRIATE AFTER THE MOTION WAS MADE AND SECONDED.

I DIDN'T EVER CALL FOR A MOTION.

I'M SORRY. I'LL CALL FOR A MOTION.

I WOULD MOVE THAT WE APPROVED THE PRELIMINARY PLAT SUBJECT TO EVENTUAL SATISFACTION OF ALL OF THE OIL AND GAS AND OTHER RELATED PROBLEMS AND COMMENTS THAT STAFF HAS MADE BEFORE WE CREATE ANY FURTHER APPROVALS IN THE FUTURE. OKAY.

EMILY, IS THAT GOING TO WORK? YES, IT WILL. THANK YOU, MASON.

WE'VE GOT A MOTION AND A SECOND.

THE SECOND CAME FROM CURTIS.

ALL IN FAVOR, AYE.

AYE.

THOSE OPPOSE? MOTION CARRIES.

SORRY TO MAKE IT SO COMPLICATED.

THANK YOU ALL VERY MUCH. I APPRECIATE IT.

IT IS COMPLICATED.

THANK YOU ALL SO MUCH. DEDRA, THANK YOU.

[INAUDIBLE]. YOU'RE WELCOME.

THIS IS OPERATING WE NEED [INAUDIBLE]. IT'S HARD TO GET OUT OF OUR NEIGHBORHOOD.

OKAY, MOVING ON TO, I GUESS, ITEM FIVE, DEDRA.

[ITEM 5: Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests: a. As of agenda posting, the June 7, 2022, meeting currently has no (0) new Planning applications. Submittal deadline is May 9, 2022, at 5:00 p.m. (The meeting will be an in person meeting with potential virtual attendance of staff and members of the public unless otherwise determined.)]

ITEM FIVE SHOULD BE LESS--.

IT'S MISLABELED. IT SAYS ITEM THREE.

[LAUGHTER] IT'S NEW AND OR FUTURE BUSINESS ITEMS. AS OF TODAY'S MEETING AND THE JUNE 7TH MEETING WE DON'T HAVE ANY ITEMS, BUT THE SUBMITTAL DEADLINE IS NOT UNTIL MAY 9TH AT 5:00 PM.

SO WE'LL KEEP YOU POSTED IF THERE'S A MEETING IN JUNE.

DEDRA, WHEN AM I GOING TO BE ON THE AGENDA TO BE FIRED? [LAUGHTER] WELL, THAT'S THE PROBLEM, CECIL.

YOU KNOW, THE PEOPLE THAT WERE INTERESTED I'M SORRY, CURTIS.

THE PEOPLE THAT WERE INTERESTED ARE NO LONGER INTERESTED.

THEY HAVE OTHER OBLIGATIONS.

[LAUGHTER] SO WE'RE BACK TO NOT HAVING ANY.

YEAH. MAYBE THAT'S INDICATIVE OF THE-- IS THE POSITION POSTED STILL? IT IS POSTED. IT HAS BEEN POSTED FOR OVER A YEAR NOW.

WE HAD TWO/THREE PEOPLE, I THINK, INTERESTED INITIALLY UNTIL THE CITY COUNCIL TOLD US TO COME UP WITH THE PROCESS.

THOSE FOLKS DROPPED OFF, WE HAD ANOTHER THREE COME BACK ON, AND NOW THOSE THREE HAVE DROPPED OFF.