Mar 27, 2023 City Council

PARTY STARTED.

[00:00:01]

[WORKSHOP]

SO I WOULD LIKE TO PAUSE AND ALLOW THEM TO CALL THEMSELVES INTO ORDER.

SINCE CHAIRMAN LAMONT IS NOT PRESENT TONIGHT, I'LL BE CALLING THE MEETING TO ORDER.

I BELIEVE WE HAVE A QUORUM AS WELL.

SO I HAND IT BACK OVER TO YOU MIKE.

MR. CLOSEY WELL SAID.

ALL RIGHT. ALL RIGHT.

SO WE WANTED TO BE MOST PRODUCTIVE WITH EVERYONE'S TIME.

WE HAVE ASKED LEGAL TO BE WITH US.

CYNTHIA KIRCHHOFF IS OUR SPECIALIST THAT'S BEEN WORKING WITH STAFF TO GET THE SIGNED ORDINANCE TO WHERE WE HAVE IT RIGHT NOW TODAY.

AND SO THE IDEA IS THAT WE'LL HAVE THIS TIME TOGETHER, BOTH COUNCIL AND P AND Z, AND LEAVE HERE WITH ALL OF OUR QUESTIONS ANSWERED AND THE ABILITY TO PRESENT A FINAL DRAFT LATE NEXT MONTH OR EARLY IN MAY.

SO THAT'S WHAT WE'RE LOOKING FOR.

STAFF HAS WORKED VERY CLOSELY WITH LEGAL AND SOME OF YOU TO MAKE SURE THAT WE HAVE A GOOD CLEAN ORDINANCE AND WE'RE READY TO POST OR PUBLISH THAT.

SO I'LL KICK THE MEETING TO CYNTHIA, WHO WILL KIND OF WALK YOU THROUGH WHERE WE'VE COME WITH THE SIGN ORDINANCE AND WHERE WE'RE GOING TO LAND WITH THE FINISHED PRODUCT. SO CYNTHIA, IT IS ALL YOURS.

THANK YOU VERY MUCH, NATE.

I APPRECIATE THE INTRODUCTION.

AS HE SAID, I'M CYNTHIA KIRCHHOFF.

I HAVE BEEN WORKING WITH THE STAFF, THE PLANNING STAFF, THE BUILDING OFFICIAL, AND THEN AS WELL AS THE CITY MANAGER TO AND A COUPLE OF THE COUNCIL MEMBERS TO IDENTIFY SOME OF THE ISSUES WITH THE EXISTING SIGN ORDINANCE.

AND WHAT I'M GOING TO DO IN THIS PRESENTATION, I'M TRYING I WILL TRY TO BE I MOVE THROUGH IT QUICKLY SO THAT I CAN SOLICIT FEEDBACK AND COMMENTS FROM FROM YOU ALL, BUT I JUST WANTED TO GIVE AN OVERVIEW ABOUT WHY WE'RE HERE, WHAT WE'VE DONE SO FAR.

SO TONIGHT, I JUST WANT TO TALK ABOUT WHAT THE WHAT THE REQUESTED CHANGES WERE, HOW THIS CAME TO OUR OFFICE TO REVIEW WHAT ARE SOME OF THE COMMENTS THAT WE GOT FROM CITY STAFF AS WELL AS THE PROBLEMS AND THE POSSIBLE SOLUTIONS? TALK A LITTLE BIT ABOUT THE CITY COUNCIL COMMITTEE.

WE HAD THREE COUNCIL MEMBERS THAT WE VISITED WITH ABOUT THE SIGN ORDINANCE DRAFT, SOME VERY HIGH LEVEL VIEW OF WHAT SIGN LAW IS AND WHAT SIGN LAWS WE ALL HAVE TO COMPLY WITH IN THIS NEW DRAFT.

A HIGHLIGHT OF THE DRAFT THAT WE HAVE SO FAR AND THEN A FEW ITEMS THAT THAT WE WOULD LIKE YOUR EITHER COMMENTS OR DIRECTION ON. SO INITIALLY WHEN WE WERE PRESENTED THE PROJECT OF REWRITING THE SIGN ORDINANCE, THE THE COMMENTS THAT WE HEARD FROM STAFF WERE THERE HAVE BEEN A LOT OF VARIANCES.

THE SIGN ORDINANCE ITSELF IS IS LESS THAN USER FRIENDLY.

AND THERE WERE A A CONCERN THAT SOME OF THE THE SIGNAGE ALONG THE MAJOR ROADWAYS IS NOT SUFFICIENT OR INSUFFICIENT.

ALSO, THERE WAS A SUPREME COURT CASE A FEW YEARS AGO THAT REALLY CHANGED HOW CITIES AND LOCAL GOVERNMENTS REGULATE SIGNS.

SO WE WANTED TO MAKE SURE THE SIGNAGE WAS IN KEEPING WITH THAT.

AND THEN THERE WAS A DISCUSSION ABOUT HAVING DIFFERENT SIGNS IN THE HISTORIC DISTRICT.

WE WANTED TO ADDRESS THAT IN THIS NEW DRAFT.

SO THE CITY AGAIN HERE.

JUST KIND OF AN OVERVIEW OF AGAIN.

THE ONE OF THE MAIN CONCERNS THAT THAT WE HEARD FROM STAFF IS THAT SOME OF THE THE WALL REGULATIONS DON'T REALLY WORK FOR.

THEY JUST DON'T REALLY WORK THERE.

IN MY READING OF THEY'RE VERY UNUSUAL.

THEY'RE A LITTLE DIFFERENT THAN OTHER CITIES SIGNED ORDINANCES, AND THAT WAS ONE OF THE THINGS THAT WE WERE TRYING TO WORK ON CHANGING TO MAKE TO IMPROVE THE PROCESS AND THEN ADD DIFFERENT TYPES OF SIGNS, PARTICULARLY IN THE DOWNTOWN SIDEWALK SIGNS OR SIGNS THAT HANG OVER THE SIDEWALK, CANTILEVERED SIGNS ROOF ALLOW SIGNS ON ROOFS, AND ALSO THE NEW TECHNOLOGY, DIGITAL TYPE SIGNS, MENU BOARDS AND THINGS LIKE THAT.

AND THEN ALSO DEAL WITH REGULATING MURALS.

YOU DO HAVE A MURAL IN DOWNTOWN HERE, BUT SOME SIGN ORDINANCES DO HAVE REGULATIONS OR AT LEAST A PROCESS FOR MURALS, HOW THEY'RE APPROVED.

SO. THESE ARE THE PROBLEMS AND SOLUTIONS THAT I CAME UP WITH ON A CHART.

AND LAST SUMMER WHEN I SPOKE TO YOU ALL VIA ZOOM, I DID SOME OF THIS AS A REPEAT FROM THAT, BUT IT WAS MANY MONTHS AGO AND I THOUGHT I WOULD REPEAT IT.

AGAIN, TOO MANY VARIANCES.

AND A SOLUTION TO THAT IS HAVING SOME BUILT IN RELIEF PROCEDURES IN THE ORDNANCE SO THAT THEY DON'T HAVE TO COME TO THE COUNCIL TO GET A VARIANCE.

CREATE DIFFERENT TYPES OF SIGNS FOR THE HISTORIC DISTRICT JUST BECAUSE IT'S A UNIQUE AREA OF DECATUR AND JUST TO KIND OF REFLECT THE THE SMALLER STOREFRONTS AND MORE

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THE ADDITIONAL HEIGHT IN SIGN AREA ON THE MAJOR ROADWAYS THAT WAS DISCUSSED.

BUT WE HAD THE STAFF, THE CITY STAFF AND AND MYSELF.

AND ACTUALLY, PAM, WE LOOKED AT THIS AND THE SIGN HEIGHT RIGHT NOW DOES SEEM TO BE IN KEEPING WITH OTHER PLACES.

BUT IT'S ONE THING I WANTED TO PUT ON THE LIST OF SOLUTIONS, JUST LOOKING FOR SOME FEEDBACK FROM, FROM THE COUNCIL AND THE P AND Z ABOUT THE WHEN I'M TALKING ABOUT THE SIGNS THAT ARE ON THE HIGHWAYS, I'M TALKING ABOUT THOSE POLE SIGNS WHERE THEY HAVE A POLE AND THEN THEY HAVE A SIGN ON THE TOP OF IT.

SO WE HAD A COUPLE OF MEETINGS WITH THE CITY COUNCIL COMMITTEE BACK IN OCTOBER AND THEN IN FEBRUARY, SOME OF THE QUESTIONS THAT WE POSED TO THE THE COUNCIL COMMITTEE ARE, WHAT DO YOU THINK ABOUT REGULATING SIGNS IN THE ETJ? BECAUSE STATE LAW DOES ALLOW THE CITY TO REGULATE SIGNS IN THE ETJ.

AND THE FEEDBACK THAT WE RECEIVED IS THE COUNCIL COMMITTEE ONLY SUPPORTED REGULATING OFF PREMISE SIGNS OR BILLBOARDS IN THE ETJ, NOT THE, YOU KNOW, THE COMMERCIAL SIGNS.

THEY DID EXPRESS THAT THEY WEREN'T IN SUPPORT OF ALLOWING BILLBOARDS TO BE CONVERTED TO DIGITAL BILLBOARDS.

SO THAT WAS ONE THING THAT WE TALKED ABOUT AS WELL.

THEY LIKED THE THE ADMINISTRATIVE RELIEF PROCEDURES THAT WE HAD FOR THE PLANNING DIRECTOR.

AND THEY ALSO SUPPORTED REGULATING WALL SIGNS BY THE PERCENTAGE OF THE WALL RATHER THAN THE SETBACK OF THE BUILDING TO MAKE IT A LITTLE EASIER OR USER FRIENDLY FOR THE SIGN COMPANIES AND ALSO THE BUSINESS OWNERS.

WE ALSO TALKED ABOUT FRONT YARD SETBACKS AND WHAT THE COUNCILMAN COMMITTEE THOUGHT IS THAT WOULD BE OKAY TO HAVE SIGNS CLOSER TO THE STREET RATHER THAN MAINTAIN THE SAME SETBACK AS A BUILDING.

SO THEY'RE VISIBLE FROM FROM THE RIGHT OF WAY.

THE COUNCIL COMMITTEE ALSO SUPPORTED TO HAVE PICTURES OF EACH OF THE SIGNS AND THE SIGN ORDINANCE TO MAKE IT MORE USER FRIENDLY FOR PEOPLE SO THEY CAN PICK UP THE SIGN ORDERS AND KNOW WHAT TYPE OF SIGN OR HOW THEY'RE REGULATED BY THE PICTURE.

ONE OF THE IDEAS THAT THAT WE TALKED ABOUT WITH THE STAFF IS HAVING A PUBLIC ELECTRONIC MESSAGE BOARD SIGN.

AND THAT WOULD BE A SIGN THAT WOULD BE ONLY FOR PROPERTY THAT IS OPERATED BY THE CITY.

SO CITY HALL, THE LIBRARY, THE CONVENTION CENTER, WHERE WE WOULD ALLOW THE ELECTRONIC MESSAGE BOARD SIGN.

SO THE WHOLE SIGN WOULD BE THAT WE COULD PUT MESSAGES ABOUT WHAT EVENTS ARE TAKING PLACE THERE.

IT'S SOMETHING THAT WOULD BE DIFFERENT THAN OTHER OTHER BUSINESSES.

THEY CAN ONLY HAVE THE ELECTRONIC MESSAGE BOARD SIGN BE A COMPONENT OF THE OVERALL SIGN.

SO IT WOULD BE A LITTLE BIT DIFFERENT.

AND THE COUNCIL COMMITTEE FELT LIKE THE CITY SHOULD HAVE TO COMPLY WITH THE SAME RULES AS EVERYONE ELSE.

BUT THAT WAS AN IDEA THAT WE DISCUSSED.

I WOULD BE VERY QUICK ABOUT THIS BECAUSE I'M SURE ALL THESE WORDS ON THE PAGE ARE NOT OF INTEREST TO YOU ALL.

BUT THE FIRST AMENDMENT IS IS THE BASIS OF HOW WE REGULATE SIGNS.

SO THERE HAVE BEEN A LOT OF CHALLENGES TO SIGN ORDINANCES UNDER THE THE US CONSTITUTION, THE FIRST AMENDMENT.

SO THERE ARE TWO BIG CASES THAT BASICALLY, LIKE I SAID, UPENDED SIGN REGULATIONS.

AND THAT'S ONE OF THE REASONS WHY A LOT OF CITIES ACROSS THE COUNTRY HAVE REVISED THEIR SIGN ORDINANCES.

SO THE FIRST AMENDMENT SAYS CONGRESS SHALL MAKE NO LAW ABRIDGING THE FREEDOM OF SPEECH.

AND THAT'S WHAT THE SIGN OWNERS AND THE PROPERTY OWNERS ARE USING TO CHALLENGE SIGN REGULATIONS.

AND THERE ARE A COUPLE OF SECTIONS IN CHAPTER 216 OF THE LOCAL GOVERNMENT CODE THAT I WANTED TO RAISE.

I GUESS TO LET YOU KNOW THAT HOME RULE CHARTER CITIES CAN REGULATE SIGNS AND THEY CAN REGULATE SIGNAGE OR SIGNS IN THE ETJ.

SO THAT'S THE AUTHORITY THAT WE ARE USING TO DRAFT THE SIGN REGULATIONS.

SO JUST VERY QUICKLY, THE FIRST AMENDMENT CASES ARE I MEAN, I HAVE TO READ THEM A COUPLE OF TIMES.

THEY'RE VERY COMPLEX.

BUT THERE'S TWO THINGS THAT YOU NEED TO KNOW.

IF A SIGN IS CONTENT BASED, MEANING THE SIGN, THE SIGN REGULATIONS ARE CONTENT BASED.

SO IT'S THE SIGNS ARE REGULATED BASED ON WHAT THE SIGN SAYS.

THOSE ARE UNCONSTITUTIONAL.

THAT THE US SUPREME COURT SAID THAT IN TOWN.

V REED V TOWN V GILBERT IN 2015.

SO THAT'S. THAT'S CAUSED A HUGE CHANGE IN HOW CITIES REGULATE SIGNS.

A CONTENT NEUTRAL SIGN MEANS IT'S A SIGN REGULATION, BUT IT DOESN'T EVEN CONSIDER WHAT THE SIGN SAYS.

AND THAT COULD BE HOW BIG THE SIGN HAS TO BE, WHERE THE SIGN HAS TO PLACE, HOW TALL THE SIGN HAS CAN BE.

THOSE ARE CONTENT NEUTRAL.

NOW, LAST YEAR, THE U.S SUPREME COURT HEARD A CASE FROM THE CITY OF AUSTIN, TEXAS.

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SO THEY ALLOWED ON PREMISE SIGNS TO HAVE DIGITAL DIGITAL COMPONENT, BUT THEY DIDN'T ALLOW OFF PREMISE AND THE U.S SUPREME COURT SAID THEY COULD DO THAT.

SO. THAT MUCH WE KNOW WE CAN REGULATE THEM DIFFERENTLY.

SO I'M SORRY.

I JUST WANTED TO LIST ALL OF THE SIGNS THAT WE'RE ADDING OR WE WERE TALKING ABOUT ADDING TO THE TO THE NEW ORDINANCE.

AND A LOT OF THESE ARE RELATING TO SIGNS IN THE DOWNTOWN.

SO WE'RE ADDING I THINK I'D ALREADY MENTIONED WE'RE ADDING CANTILEVER SIGN INFLATABLE ADVERTISING DEVICE.

THAT WOULD BE LIKE THE BIG BLOW UP, YOU KNOW, GORILLA THAT'S, YOU KNOW, FOR A GRAND OPENING OR SOMETHING LIKE THAT.

SO THAT'S ONE ONE OF THE ITEMS THAT WE THOUGHT WAS LACKING IN THE SIGN ORDINANCE, BECAUSE YOUR ORDINANCE SAYS IF IT'S NOT LISTED, THE SIGN IS NOT PERMITTED.

SO WE'RE TRYING TO BE ADD MORE.

SIGNAGE THAT OTHER CITIES HAVE PERTAINING TO TEMPORARY TYPES OF SIGNS FOR BUSINESSES AND COMMUNITY EVENTS AND THINGS LIKE THAT.

A COUPLE OTHER SIGNS THAT I WANTED TO.

LET YOU KNOW ABOUT YOUR ORDINANCE DOESN'T HAVE A REGULATION FOR A MENU BOARD.

AND THAT IS LIKE THE THE MENU BOARD THAT YOU SEE AT MCDONALD'S.

THOSE ARE ACTUALLY REGULATED UNDER THE SIGN ORDINANCE IN MOST PLACES.

SO WE ADDED A PROVISION TO THAT, TO THE ORDINANCE TO ALLOW A MENU BOARD SIGN.

SO THE. THE RELIEF PROCEDURE THAT WE CAME UP WITH TO TRY TO SOLVE THE ISSUE OF A LOT OF VARIANCES IS TO GIVE THE PLANNING DIRECTOR THE ADMINISTRATIVE AUTHORITY.

TO ESSENTIALLY GIVE A 20% VARIANCE FOR HEIGHT AND SQUARE FOOTAGE, NOT FOR A, YOU KNOW, A SIGN THAT'S NOT ALLOWED IN THE CODE.

BUT IF THEY WANT TO HAVE A SIGN THAT'S A LITTLE BIT BIGGER.

THE PLANNING DIRECTOR CAN APPROVE THAT.

BUT THE PLANNING DIRECTOR HAS TO LOOK AT THESE FOUR CRITERIA AND MAKE SURE THEY ALL ARE MET BEFORE THIS ADMINISTRATIVE WAIVER CAN BE APPROVED.

THE SIGN OWNER HAS TO DEMONSTRATE THAT THERE'S PRACTICAL DIFFICULTIES IN COMPLYING WITH THE SIGN ORDINANCE.

THERE HAS TO BE UNIQUE CIRCUMSTANCES ON THE SITE.

AND THAT COULD BE THAT IT'S, YOU KNOW, IN A VALLEY, ON A HILL OR WHATEVER.

THERE'S SOMEHOW BLOCKING VIEWS THAT THEY NEED A TALLER SIGN OR BIGGER SIGN.

THAT THE MODIFICATIONS IN CONFORMITY WITH THE PURPOSE OF THE CHAPTER.

SO IT'S NOT CREATING SOME TRAFFIC HAZARD.

SO ONE OF THE REASONS THAT YOU CAN REGULATE SIGNS IS BECAUSE A LOT OF TIMES THEY CAUSE A TRAFFIC HAZARD.

SO PEOPLE ARE LOOKING AT THE SIGN INSTEAD OF DRIVING.

AND THE FOURTH ONE IS THE PUBLIC SAFETY COMPONENT.

SO THAT IS ONE OF THE THINGS THAT WE CAME UP WITH TO ADDRESS THAT ISSUE.

AND WE ALSO ADDED CRITERIA FOR THE COUNCIL TO USE WHEN REVIEWING VARIANCES IN THE EVENT A VARIANCE DOES COME BEFORE THE COUNCIL.

SO WANTS TO HAVE A LARGER SIGN THAN WHAT THE PLANNING DIRECTOR CAN APPROVE.

SO I ADDED SOME CRITERIA THAT THE COUNCIL WOULD REVIEW.

A FEW. I JUST WANTED TO MENTION THAT A FEW OF THE SIGN TYPES THAT WE DID ADD IS A BANNER SIGN AND A BLADE BANNER SIGN AND THE BLOW UP.

GORILLA. THOSE ARE ALLOWED FOR UP TO 30 DAYS A YEAR.

SO IT JUST SO THEY'RE NOT UP ALL THE TIME.

IT DOES ALLOW PROPERTY OWNERS AND BUSINESS OWNERS TO HAVE THOSE TYPES OF SIGN.

IT'S JUST AN OPTION.

IT'S A VERY COMMON REGULATION TO HAVE THEM UP FOR 30 DAYS.

BUT IF YOU ALL WANTED TO COME UP WITH SOMETHING LONGER OR SHORTER, I THINK IT WOULD BE APPROPRIATE OR REASONABLE.

SO ONE OF THE THINGS WE TALKED ABOUT A FEW TIMES IS OFF PREMISE SIGNS.

OFF PREMISES. SIGNS.

AND THAT'S ONE OF THE THINGS THAT I'D LIKE TO HEAR FROM YOU ALL ABOUT RIGHT NOW.

YOU DON'T ALLOW DIGITAL BILLBOARDS.

YOU DON'T ALLOW OFF PREMISES.

SIGNS ARE PROHIBITED.

SO SOMEONE COULD COME IN AND BUILD A NEW OR INSTALL A NEW SIGN.

YOU PROBABLY HAVE OFF PREMISES SIGNS OR BILLBOARDS IN THE CITY RIGHT NOW.

RIGHT? RIGHT. DEDRA.

SO THOSE RIGHT NOW, IF THEY WERE TO IF THEY WERE TO BLOW DOWN IN THE WIND, THEY COULDN'T REBUILD THEM.

SO THAT'S THAT'S HOW YOUR ORDINANCE IS WRITTEN RIGHT NOW.

AND THAT'S SOMETHING THAT TOWARDS THE END, I WANT TO HEAR YOUR FEEDBACK AND SEE WHAT YOU THINK ABOUT THOSE TYPES OF REGULATIONS AND SEE IF THAT'S SOMETHING YOU WANT TO CHANGE OR KEEP THE SAME. OH.

SO AGAIN, I JUST WANTED TO POINT.

OOPS. UH OH.

I'M NOT ANY GOOD AT THIS.

SORRY. OKAY, SO WE'RE GOING TO KEEP IT THE SAME LANGUAGE THAT IF THE SIGN IS NOT LISTED, IT'S NOT ALLOWED.

[00:15:03]

SO IF IT'S NOT LISTED, IF THERE'S NOT A PICTURE IN THE ORDINANCE, THEN THAT'S NOT A SIGN THAT THEY THEY CAN INSTALL.

SO. THE STAFF IS LOOKING FOR SOME DIRECTION FROM YOU ALL ABOUT WALL SIGNS.

SO I CAN'T PROFESS TO UNDERSTAND HOW YOUR CURRENT ORDINANCE IS WRITTEN FOR WALL SIGN REGULATION.

I WOULD DEFER TO DEDRA ON THAT, BUT I THINK A SIMPLER WAY TO TO ADDRESS THEM IS TO ALLOW WALL SIGNS TO COVER A CERTAIN PERCENTAGE OF THE WALL AREA OF THE SPACE. SO IF IT'S A WALMART, YOU KNOW, IT WOULD BE THE ENTIRE WALL OF THE WALMART.

IF IT'S A MULTI-TENANT BUILDING, IT WOULD BE WHATEVER THEY LEASE.

IF IT'S DOWNTOWN, IT'S THEIR THEIR STOREFRONT.

SO WHAT WE CAME UP WITH AFTER LOOKING AT SOME OF THE VARIANCES THAT YOU HAVE REVIEWED AND APPROVED IN OTHER CITIES, IS ALLOW WALL SIGNS TO BE UP TO 25% OF THE WALL AREA IN EVERYWHERE BUT DOWNTOWN.

DOWNTOWN, WE DECIDED THAT THEY SHOULD BE A LITTLE BIT SMALLER BECAUSE IT'S A SMALLER SCALE AND HAVE THOSE SIGNS BE 20% BECAUSE RIGHT NOW A LOT OF THE BUILDINGS IN DOWNTOWN, OF COURSE, ARE RIGHT UP AGAINST THE SIDEWALK.

SO THEY DON'T HAVE THAT SETBACK TO USE IN CALCULATING THE WALL SIGN AREA IN THE CURRENT ORDINANCE.

SO THE POLL SIGNS AND THE MONUMENT SIGNS RIGHT NOW, THERE ARE NO CHANGES RECOMMENDED.

BUT I'M LOOKING FOR WHAT YOU ALL THINK ABOUT.

DO YOU THINK THE SIGNS ARE THE SIGN ORDINANCES IS TOO RESTRICTIVE ON PARTICULARLY THE POLE SIGNS ALONG THE HIGHWAY? OR DO YOU HAVE ANY COMMENTS OR SUGGESTIONS ON THAT TYPE OF SIGN? WELL, YEAH. ANY OF THEM.

I'M PARTICULARLY KEEN.

PROBABLY WOULDN'T BE A BAD IDEA TO JUST GO BY ONE BY ONE THROUGH CATEGORY SO WE CAN MAKE SURE WE DON'T MISS SOMETHING.

YEP. SO YEAH.

WHICH ONE DO YOU WANT TO TACKLE FIRST? THE WALL SIGNS. WHAT DO YOU THINK ABOUT THE WALL SIGNS? WELL, ONE OF THE THINGS THAT I'VE BEEN THINKING OF, MAYBE IT WOULD BE GOOD JUST TO EDUCATE ME A LITTLE BIT.

SO I KNOW COMING INTO DOWNTOWN, THERE'S A WALL SIGN THAT HAS COCA-COLA ON IT AND IT'S THE WHOLE WALL.

SO WELL, THAT'S A GOOD POINT.

IT'S A MURAL VERSUS A SIGN.

SO IT'S NOT NECESSARILY.

I MEAN, IT IS ADVERTISING FOR COCA COLA RANDOMLY, BUT I THINK IT IS MORE OF A TO YOUR POINT, IT'S MORE OF A MURAL THAN IT IS AN ADVERTISEMENT. SO I THINK I GUESS I WANT TO UNDERSTAND THAT BECAUSE THAT'S NOT 25 TO 20%.

IT'S 100% RIGHT.

AND MAYOR, THAT ACTUALLY I CONSIDER THAT A GHOST SIGN.

AND A GHOST SIGN IS A FADED SIGN THAT WAS ONCE PAINTED ON A WALL.

SO, YOU KNOW, YOU SEE A LOT OF THOSE IN DOWNTOWN WHERE THEY LEAVE UP THE OLD SIGN AND IT STARTS FADING.

AND WE DID ADD A REGULATION IN HERE, NOT REALLY A REGULATION, BUT JUST KIND OF TO PROMOTE PEOPLE, PROPERTY OWNERS, TO NOT PAINT OVER THE GHOST SIGNS.

AND I DID NOTICE THAT I LOOKED ON GOOGLE STREET VIEW OVER THE WEEKEND AND WHICH IS REALLY COOL.

LIKE YOU COULD SEE EVERYTHING AND I DID NOTICE THAT SIGN.

SO THAT'S WHAT I WOULD CONSIDER THAT SIGN.

WE DO ALLOW WE DID ADD IN THE DOWNTOWN.

I DON'T WANT TO GET OFF TRACK, BUT WE DID ALLOW PAINTED WALL SIGNS IN THE DOWNTOWN LIKE YOU HAVE ON THE COFFEE SHOP UP HERE.

WELL, I JUST WANT TO MAKE SURE THAT WE DON'T SET WHERE WE'RE ALREADY.

IN NONCOMPLIANCE, IF YOU WILL.

RIGHT. RIGHT.

WELL, FOR A PAINTED WALL SIGN, THERE AREN'T ANY REGULATIONS RIGHT NOW.

SO YOU WOULDN'T BE.

YOU KNOW, IT'S NOT WELL, I DON'T KNOW.

IT'S I DON'T WANT IF WE WERE TO HAVE A SITUATION LIKE THAT, WE WOULD BRING IT BEFORE.

SO THIS OTHER PAINTED MURAL THAT'S RIGHT OVER HERE.

AM I CORRECT IN SAYING THAT A GHOST SIGN CAN ONLY BE SOMETHING THAT'S ALREADY THERE? IN OTHER WORDS, YOU CAN'T PAINT A NEW GHOST SIGN.

IT WOULD HAVE TO ALREADY BE THERE IN SOME SORT OF THAT'S THE INTENT.

OKAY. THAT'S RIGHT. YEAH, THAT'S THAT ONE OVER HERE THAT SAYS DECATUR.

THAT'S A MURAL. THAT'S WHAT I THOUGHT IS IS SUPPOSED TO BE NOT A SIGN.

IT'S SUPPOSED TO BE A PICTURE OF.

SOMETHING THAT'S NOT COMMERCIAL ADVERTISING.

YEAH. SO. ALL RIGHT.

OUR HISTORICAL CONTEXT ON THE COCA COLA SIGN.

THERE WAS A COCA-COLA SIGN PAINTED THERE, I THINK, IN THE.

[00:20:57]

SO I MEAN, THAT IT DOESN'T ALARM ME IN ANY WAY.

I MEAN, IT SEEMS APPROPRIATE.

SO I SEE KIND OF A CONSENSUS THERE FROM EVERYBODY THAT THAT SEEMS OKAY.

VERY WELL. WHAT'S THE NEXT ONE? I HAVE A COMMENT ON THAT.

WELL THIS COMMUNITY IS ON A HILL, SO THE TOPOGRAPHY CHANGES AND I THINK WE HAVE TO CONSIDER THAT.

PERSONALLY. BECAUSE IF YOU'RE, YOU KNOW, IF YOU ARE IN A LOWER AREA.

IT COULD AFFECT WHETHER IT COULD BE SEEN.

WE'RE JUST TALKING ABOUT THE 287 CORRIDOR RIGHT? OR, AND THAT'S ALL ON A HILL, PRETTY MUCH, ISN'T IT? PRETTY MUCH..

SO. BUT IT CHANGES.

I MEAN, CHANGES IN HEIGHT.

ALL RIGHT. IS THE ONE REALLY TALL SIGN OUR FAVORITE SIGN? I'M NOT SURE WHAT YOUR FAVORITE SIGN IS, BUT I MIGHT KNOW.

MAYBE LIKE A JACK IN THE BOX OR JACK IN THE BOX SIGN.

HOW TALL IS THAT SIGN? WHAT DID WE DECIDE? 80FT.

THAT'S A REALLY BIG SIGN.

ORDINANCE IN 1976 THAT TALKED ABOUT SIGNS, BUT IT WASN'T VERY ELABORATE.

YES, THERE WAS AN UPDATE IN ABOUT 88.

YEAH, WE'VE LOOKED IN OUR RECORDS FOR A PERMIT.

ANY INFORMATION ON THAT SIGN? AND HAVE YET TO.

SO IF WE'RE NOT MAKING CHANGES, WHAT IS THE MAX HEIGHT RIGHT NOW WITHOUT AN EXCEPTION TO THAT.

60.. 60 FEET.

ON 287 AND 380.

OKAY. WELL, I GUESS MY THOUGHT IS WE HAVE A VARIANCE PROCESS, IT DOESN'T SEEM LIKE WE'RE BEING OVERWHELMED WITH THAT PARTICULAR REQUEST ON SIGN HEIGHT.

SO I THINK THE VARIANCE PROCESS WE HAVE HANDLES THE SIGN HEIGHT ISSUE.

IF. QUICK TRIP YEAH.

BUT THERE'S THERE'S VERY FEW TIMES THAT THAT I THINK TO WHAT MR. CLOSSEY IS SAYING THAT THAT HAPPENS YOU KNOW COMES IN JACK IN THE BOX COMES IN.

IF SOMEBODY ELSE COMES IN THEY CAN JUST GO THROUGH THE VARIANCE PROCESS AND YOU KNOW..

AND THE LANGUAGE THAT WE ADDED WITH THE RELIEF PROCEDURE ALLOWS ADMINISTRATIVE WAIVERS.

IF THERE WOULD BE A SCENARIO WHERE THERE WOULD BE TOPOGRAPHY, THAT IS A CHALLENGE FOR THE SITE THEN, YOU KNOW, UP TO.

THE PLANNING DIRECTOR COULD INCREASE THAT BY 20%.

[00:25:03]

ANYBODY ELSE? SOUNDS GOOD. ALL RIGHT.

SO OFF PREMISES SIGNS, WHAT DO YOU ALL THINK ABOUT BILLBOARDS AND OFF PREMISE SIGNS? YOU WANT TO GIVE US A DEFINITION OF OFF PREMISE JUST TO MAKE SURE WE'RE ALL ON THE SAME PAGE? SO OFF PREMISE SIGN IS A SIGN THAT HAS A MESSAGE THAT DOESN'T RELATE TO A PRODUCT THAT IS SOLD ON THE PROPERTY.

THE ONE THAT COMES TO MIND IS THE MOVIE THEATER RIGHT.

EXACTLY WHAT I WAS ABOUT TO SAY.

COULD YOU REPEAT THAT? MIC] RIGHT.

I THINK THAT'S A GREAT EXAMPLE OF WHERE AN EXCEPTION WOULD NEED TO BE GIVEN SOME CONSIDERATION.

SO BUT I THINK OVERALL IT MAKES SENSE NOT TO HAVE OFF PREMISES SIGNS .

MIC] AND I THINK THAT CASE ACTUALLY SPEAKS FOR ITSELF.

AND THE FACT YOU HAVE A BUSINESS BEHIND A BUSINESS THAT CAN'T BE SEEN.

SO IT'S NOT LIKE MY BUSINESS IS FOUR MILES AWAY AND CAN'T BE SEEN.

IT'S LITERALLY, AS MELINDA SAID, ON A LOWER SPOT BEHIND HERE.

SO IT JUST MAKES SENSE THAT THAT WOULD BE ALLOWED AND ALSO A VARIANCE WILL BE TAKEN CARE OF.

YEAH. OKAY.

SO WOULD WE BE ABLE TO WOULD WE TODAY WOULD THIS WOULD WE BE ABLE TO GIVE THE MOVIE THEATER A VARIANCE? IF THE MOVIE IF THE SIGN IS NOT ON THE SAME PROPERTY AS THE MOVIE THEATER, THAT WOULD BE AN OFF PREMISES SIGN.

AND YOUR ORDINANCE RIGHT NOW SAYS THEY'RE PROHIBITED.

SO IN ORDER TO CHANGE THAT, YOU REALLY HAVE TO AMEND THE CODE BECAUSE IT'S PROHIBITED.

NO APPEARANCES ARE GENERALLY FOR A NUMERICAL STANDARD, SO YOU KNOW HOW BIG THE SIGN CAN BE, HOW TALL THE SIGN CAN BE, WHERE, YOU KNOW, THE SETBACK OF THE SIGN, NOT THE TYPE OF SIGN, BECAUSE YOU'VE ALREADY MADE THE DECISION THAT WE DON'T WANT OFF PREMISES SIGNS.

AND SO YOU'RE GIVING A VARIANCE FOR IT.

YOU'RE BASICALLY CHANGING THE CODE.

SO THAT GETS KIND OF COMPLICATED WITH PEOPLE.

BUT IF YOU JUST THINK VARIANCES ARE ONLY FOR NUMBERS, IT'S THAT WAY.

WHEN EARLIER IN YOUR PRESENTATION WERE YOU TALKING ABOUT YOU MENTIONED SOMETHING ABOUT UPGRADING OUR BILLBOARDS THAT I GUESS ARE GRANDFATHERED IN INTO DIGITAL SIGNS. WAS THAT A BULLET POINT ON THERE? THAT HAS BEEN I HAVE SEEN THAT AROUND DFW WHERE SIGNS ARE PARTICULARLY ON INTERSTATES, BILLBOARDS, WHERE THE BILLBOARD COMPANY COMES IN AND SAYS, WE WANT TO PUT IN A BILLBOARD DIGITAL BILLBOARD.

AND SOME OF THE CITIES ARE IN FAVOR OF IT BECAUSE THE EXISTING BILLBOARD DOES NOT LOOK NICE.

BUT MOST OF THOSE ARE ON THE INTERSTATE.

OKAY? THEY WANT [INAUDIBLE] ON OFF PREMISE, SO ONE OF OUR I DON'T KNOW IF SHE'S IN ONE OF OUR A BIG ISSUE RIGHT NOW IS A BUSINESS IN TOWN PUT UP A WE GAVE A VARIANCE FOR HIM TO HAVE A DIGITAL BILLBOARD AND THEN NOW HE WANTS OFF PREMISE ADVERTISING ON THAT DIGITAL BILLBOARD.

[00:30:04]

SHOULD WE HAVE OFF PREMISE ADVERTISING? RIGHT? IN THAT CASE, I BELIEVE CORRECT ME IF I'M WRONG, HE WAS GIVEN A VARIANCE FOR THE DIGITAL SIGN.

EXACTLY. AND WE WEREN'T WE COULDN'T GIVE HIM A VARIANCE TO OFF PREMISE ADVERTISING.

YEAH, AND I GET THAT.

AND SO NOW WITH THIS, FROM WHAT I UNDERSTAND, WE'RE PROBABLY GOING TO WHERE YOU CAN HAVE DIGITAL BILLBOARDS.

WELL, NOBODY CAN HAVE DIGITAL BILLBOARDS.

RIGHT NOW, THEY'RE NOT PERMITTED.

WELL, I KNOW RIGHT NOW, BUT I'M SAYING IN THE NEW REWRITE.

NO, IN THEORY, BILLBOARDS ARE NOT PERMITTED.

NO DIGITAL BILLBOARDS.

DIGITAL SIGNS.

WELL DIGITAL SIGNS ARE NOT PERMITTED, BUT BILLBOARDS ARE ALSO NOT PERMITTED IN OUR TOWN.

RIGHT. SO WITH WHAT YOU'RE WRITING, ARE YOU ALLOWING OR AS OF NOW, ARE YOU ALLOWING DIGITAL SIGNS? WE ARE CALLING THEM OUT, THEY'RE PROHIBITED.

OKAY. WITH THE NEW REWRITE.

THE NEW REWRITE. THEY'RE GOING TO BE PROHIBITED.

THAT'S RIGHT. OKAY. WE'RE GOING TO CALL THEM OUT AS PROHIBITED TO MAKE SURE THAT THE SIGN COMPANIES KNOW THAT THEY'RE YOU CAN'T CONVERT THEM.

THE DIGITAL. SO IF I HAVE A BUSINESS AND I WANT TO PUT A DIGITAL SIGN OUT, IT'S A NO.

THAT'S RIGHT. TO THE NEW SIGN OR A DIGITAL SIGN, YOU CAN HAVE WHAT ARE CALLED CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS.

THEY'RE ESSENTIALLY DIGITAL SIGNS.

YOU CAN HAVE PART OF YOUR SIGN AREA.

WITH THOSE DIGITAL SIGNS.

IT'S A BONUS SIGN ON SOME OF THE SIGNS.

BUT THAT WAS A QUESTION THAT WE HAD EARLY ON, IS DOES THE COUNCIL WANT TO ALLOW PEOPLE TO HAVE DIGITAL SIGNS, DIGITAL WALL SIGNS, DIGITAL, THEIR WHOLE, YOU KNOW, THEIR WHOLE MONUMENT SIGN OR THEIR WHOLE.

AND SO WHAT WAS THE ANSWER THAT YOU GOT FROM COUNCIL? I WASN'T ON THAT COMMITTEE.

I DON'T THINK THERE WAS MUCH SUPPORT FOR CHANGING AND FOR CHANGING SIGNS TO BE DIGITAL SIGNS.

IN OTHER WORDS, THE DIGITAL PART OF IT IS NOT THE PRIMARY SIGN.

IT'S SECONDARY IN MOST CASES.

YES, THE SCHOOL.

JAMES WOODS. AND THAT WAS ONE OF THE EARLIER IN MY PRESENTATION I TALKED ABOUT THIS NEW CONCEPT OF THIS PUBLIC ELECTRONIC MESSAGE BOARD SIGN, WHICH WOULD ALLOW THOSE SIGNS SO THEY WOULDN'T HAVE TO GET A VARIANCE FOR THOSE BECAUSE A LOT OF THOSE FACILITIES, YOU'RE PROVIDING MESSAGES TO PEOPLE THAT ARE COMING THERE. THERE'S AN EVENT GOING ON.

SO THOSE ARE, I DON'T WANT TO SAY COMMON, BUT YOU SEE THEM A LOT AT CONVENTION CENTERS WHERE IT LISTS WHATEVER EVENTS HAPPENING THERE, OR THERE'S AN EVENT AT THE LIBRARY OR SOMETHING AT CITY HALL WHERE THOSE.

I DID SUGGEST SOME REGULATIONS ON IF YOU WANTED TO, BUT I THINK THE CONSENSUS WAS, IS THE COMMITTEE DIDN'T WANT THE COUNCIL TO HAVE DIFFERENT OR THE CITY TO HAVE DIFFERENT RULES.

WITH REGARD TO THOSE TYPES OF SIGNS.

WHICH SIGN? SORRY, JAKE.

I THINK YOU'RE ASKING ABOUT TWO DIFFERENT THINGS.

ONE IS A BILLBOARD.

SO THE BILLBOARD THAT'S IN MCMASTERS NEW HOLLAND.

GOTCHA. THAT IS A BILLBOARD THAT IS OFF SIGHT PREMISES.

IF THAT BLEW DOWN TODAY, THEY COULD NOT PUT IT BACK UP.

WHAT WE TALKED ABOUT PROHIBITING WAS TAKING THAT SIGN FROM WHERE THEY HAVE TO PUT UP ACTUAL BANNERS ON IT AND CHANGING IT TO A DIGITAL SIGN.

RIGHT. AND WE WERE TALKING ABOUT PROHIBITING THAT FROM HAPPENING.

THE FLIP SIDE, RIGHT DOWN THE ROAD, THERE'S A BUILDING THAT HAS A PRODUCT BRAND ABOVE IT AND THEN A DIGITAL BOARD BELOW IT, BUT THAT ALSO ONLY ADVERTISES PRODUCT AT THAT BUILDING.

AND THAT WOULD STILL BE ALLOWED THE WAY IT WAS BEFORE.

AND THAT IS A BONUS SIGN, JUST LIKE JAMES WOOD, THE USED CAR SIDE.

IT SAYS JAMES WOOD AUTO BELOW IT HAS THEIR DIGITAL SIGN, SO THAT'S A BONUS SIGN.

THOSE WOULD BE ALLOWED STILL.

BUT THE BIG PART IS NOT BEING ABLE TO CONVERT AN ACTUAL BILLBOARD INTO A DIGITAL SIGN.

I GET THAT, AND I AGREE WITH THAT.

IF WE'RE NOT GOING TO LET OFF PREMISE ADVERTISING, I DEFINITELY AGREE WITH THAT.

BUT I'LL THROW MY $0.02 IN AND THEN WE CAN MOVE ON TO OTHER PEOPLE.

BUT I DON'T.

ON THE 287 380 CORRIDOR.

I DON'T FEEL LIKE IT'S AN ISSUE TO OFF PREMISE ADVERTISE AS LONG AS YOU HAVE REGULATIONS IN THERE THAT SAY AND YOU MIGHT NOT EVEN BE ABLE TO DO THIS.

[00:35:02]

THEY HAVE TO BE DISTANCE BETWEEN.

BUT I KNOW A LOT OF PEOPLE DON'T AGREE WITH ME ON THAT, BUT THAT'S MY OPINION.

AND THEN I THINK THE OTHER THING FOR CONSIDERATION IS JUST WHAT COULD BE THE UNLIMITED TYPES OF SIGNS THAT YOU COULD GET IF IF YOU DID ALLOW [INAUDIBLE].

JUST ANY KIND OF SIGN THAT YOU COULD GET.

I MEAN, JUST I COULD JUST THINK ABOUT ANY SIGN THAT YOU MIGHT NOT LIKE IF THAT SIGN COULD BE UP IN YOUR CITY.

WE ALREADY HAVE BILLBOARDS AND THEY COULD PUT ANY SIGN THEY WANT ON THE BILLBOARDS, BUT THEY DON'T.

WELL, BECAUSE I DON'T.

CORRECT ME IF I'M WRONG.. OTHER THAN DIGITAL, OTHER THAN DIGITAL.

CURRENTLY, WE DON'T HAVE THE ABILITY FOR ADDITIONAL BILLBOARDS.

RIGHT. BUT I'M SAYING THE BILLBOARDS THAT ARE ALREADY HERE, THEY CAN PUT WHATEVER SIGN THEY WANT ON THERE AND THEY DON'T.

TRUE. THERE TEND TO BE DIGITAL.

NO, BUT IT'S I GUESS IT IS JUST LIMITED TO.

YEP.

ON AVERAGE, SEVERAL.

HOW MANY CITIES ACTUALLY ALLOW THEM? ALLOW BILLBOARDS? YEAH.

LIKE NO BILLBOARDS.

UM, WELL, ONE OF THE CITIES THAT I JUST HELPED WHERE THEY REVISED THEIR ORDINANCE SO THEY CAN ALLOW DIGITAL BILLBOARDS THEY DO, BUT ONLY A FEW OF THEM ON I 45.

THEY LIMIT THEM TO I 45 AND I BELIEVE THEY'RE SPACING REQUIREMENTS.

NOW, I THINK ONE OF THE TIMES WE TALKED, SOME OF THE CITIES ARE ALLOWING THEM TO SWITCH TO DIGITAL, BUT IT'S KIND OF A THREE FOR ONE.

YOU TAKE DOWN TWO OF THEM, SO YOU HAD THREE.

NOW YOU CAN ONLY HAVE ONE AND YOU CAN HAVE A DIGITAL BILLBOARD TO KIND OF CLEAN UP THE SKYLINE A LITTLE BIT.

I KIND OF LIKE THAT.

BUT I DON'T KNOW THAT EVERYBODY THAT.

YOU CAN NEGOTIATE AN AGREEMENT WHERE YOU'LL SAY THE CITY COUNCIL COULD AGREE TO THAT CONVERSION, BUT IN EXCHANGE THEY WOULD HAVE TO REMOVE TWO OF THE OTHER STATIC BILLBOARDS. SIR, YOU HAD A COMMENT? THOSE SIGNS ARE UP, THEIR MESSAGE IS UP, BUT THEY'RE NOT ADVERTISING A PRODUCT.

THEY'RE JUST THAT'S PURE FIRST AMENDMENT SPEECH WHERE YOU JUST GIVING YOUR OPINION ON SOMETHING.

RIGHT NOW, HOW THE ORDINANCE IS WRITTEN AND HOW MOST SIGN ORDINANCES ARE WRITTEN.

IF SOMEONE COULD REPLACE BEAR WITH ME, SOMEONE COULD REPLACE A COMMERCIAL SIGN WITH A NONCOMMERCIAL SIGN.

SO IF THEY WANTED TO PUT UP THE PRO-LIFE OR PRO-CHOICE SIGN OVER THE WENDY'S SIGN, THEY COULD DO THAT.

WE HAVE TO ALLOW THAT.

WE HAVE TO. WE CAN'T FAVOR COMMERCIAL SPEECH OVER NON COMMERCIAL SPEECH.

SO WE HAD TO ADD THAT PROVISION TO YOUR SIGN ORDINANCE.

YOUR COMMENTS, I GUESS MY ONLY COMMENT ON ALL OF THIS AND FORGIVE ME, I'M NEW TO THIS, YOU ALL HAVE DISCUSSED THIS WAY MORE THAN I HAVE EVEN THOUGHT ABOUT IT.

BUT. IT SEEMS LIKE THE DIGITAL SIGN AND THE DIGITAL BILLBOARD THING GO HAND IN HAND.

[00:40:02]

SO I WOULD JUST THINK THAT THOSE TWO THINGS GO HAND IN HAND.

YOU CAN'T ALLOW ONE AND NOT ALLOW ANOTHER IN MY MIND.

THAT'S MY OPINION. WELL, MAYBE FOR.

I'M SORRY. IF YOU PUT ONE UP, THEN YOU HAVE TO TAKE YOUR OTHER TWO DOWN OR.

I LIKE THAT.

WELL, FOR CLARITY, THOUGH, THE CURRENT DIGITAL SIGNS ARE SECONDARY SIGNS.

IF SO, THERE IS A DISTINCTION.

ARE THEY SECONDARY? BECAUSE I HEARD THE TERM.

WHAT WAS THE TERM YOU USED EDDIE? JAMES WOOD. WHAT'S THAT? WELL, IT WAS LIKE AN ADDITIONAL SIGN OR SOMETHING.

YEAH, THEIR BONUS SIGN. YEAH.

SO IS A BONUS SIGN DIFFERENT THAN A DIGITAL SIGN? IT IS, RIGHT? WELL, THEY'RE THEY'RE BOTH DIGITAL IN NATURE.

BUT ARE THEY TREATED DIFFERENTLY IN THE SIGN ORDINANCE? HAT'S NOT CORRECT.

OH, OKAY. ALL RIGHT.

I SEE THE DISTINCTION.

I SEE THE DISTINCTION. THE DISTINCTION OF THE DIGITAL SIGNS THAT ARE IN THE CITY.

THEY ARE NOT CHANGING THEIR MESSAGE EVERY 12 SECONDS.

LIKE A DIGITAL BILLBOARD.

YEAH, THEY ARE. BUT THEY'RE THEY'RE ADVERTISING FOR THEIR.

THEY'RE AN ADVERTISEMENT, BUT.

THE DIGITAL BILLBOARDS ARE.

I MEAN, THEY'RE THERE TO ATTRACT ATTENTION.

THEY'RE A NEW WAY TO ATTRACT ATTENTION FOR PEOPLE THAT ARE DRIVING ON HIGHWAY.

I THINK THE BONUS SIGN THING IS TOTALLY UNDERSTANDABLE THAT A BUSINESS WOULD WANT TO DO THAT WHERE THEY'RE ADVERTISING CERTAIN.

WRITE PROGRAMS OR FEATURES OR WHATEVER FOR THAT.

THEY'RE THE PRODUCT OR SERVICE THAT THEY SELL.

IT'S THE QUESTION IS WHEN THEY ADVERTISE OTHER THINGS.

THAT'S THAT'S THE QUESTION.

YEAH. THAT'S THE QUOTE, WHAT DO YOU THINK ABOUT THAT ON THE 287 380 CORRIDOR OF DIGITAL BILLBOARDS? WELL, JUST IN GENERAL, OFF PREMISE ADVERTISING, ALLOWING OFF PREMISE ADVERTISING, I THINK I THINK WE SAID AND I'M OKAY WITH IT AS LONG AS IT GOES THROUGH THE VARIANCE PROCESS AND THE COUNCIL HAS A CHANCE TO TAKE A LOOK AT THE CIRCUMSTANCES AROUND THAT OFF PREMISE SIGN.

BUT ARE YOU CREATING A VARIANCE PROCESS? ALL RIGHT. I GOT YOU.

THAT'S SOMETHING THAT WE CHANGED THAT WORDING.

IF THAT'S SOMETHING THAT YOU ALL WANT TO CONSIDER, ALLOWING DIGITAL SIGNS, WE CAN ALLOW THEM, BUT THE COUNCIL HAS TO ISSUE A PERMIT FOR IT.

A SPECIAL PERMIT? YEAH, BECAUSE THEY'RE.

THEY'RE SUCH A UNIQUE SIGN.

WELL, THEY ARE. THEY ARE EXPENSIVE.

ANY OTHER COMMENTS? MIC] WAS THAT ONE THAT WAS GRANDFATHERED IN? THAT ONE, PROBABLY.

YEAH.

[00:45:04]

AND IT SEEMS LIKE IT IS APPROPRIATE FOR BUSINESSES WITHIN YOUR COMMUNITY TO BE ABLE TO ADVERTISE WE WANT TO SUPPORT THOSE BUSINESSES TO BE ABLE TO ADVERTISE FOR THEMSELVES.

BUT I THINK THE OFF PREMISES PORTION OF THAT IS SOMETHING WE PROBABLY DON'T NEED TO TO DO.

IF THERE'S AN INTEREST AND I DON'T MEAN THIS IN A NEGATIVE WAY, BUT THERE'S A IF THERE'S AN INTEREST FOR SOMEBODY TO ADVERTISE SOMETHING IMPORTANT, THEY COULD DO THAT OUTSIDE THE CITY LIMITS, WHETHER IT RATHER THAN IT BEING WITHIN OUR CITY LIMITS.

SO, I MEAN, THAT'S JUST PERSPECTIVE.

AND MOST OF US ARE OLD ENOUGH TO REMEMBER DFW USED TO HAVE SIGNS THAT SAID WHAT TIME THE AIRPLANES WERE TAKING OFF AND THEY WERE LANDING AND THEY WERE ACTUALLY REMOVED AFTER A COUPLE OF PEOPLE DIED DRIVING THROUGH THE AIRPORT BECAUSE THEY WERE CHECKING TO FIGURE OUT IF THEIR AMERICAN FLIGHT WAS IN OR NOT.

AND ABOUT THAT NOW THEY DO IT ON THEIR PHONE, SO AT LEAST THE AIRPORT CAN'T BE SUED FOR IT.

ALL RIGHT. YES, SIR. ANY OTHER COMMENTS? SO THE STAKE SIGNS ARE THE SIGNS THAT HAVE THE STAKE ON IT.

YOU STICK IT IN THE GROUND. YEAH THE SIGNS THAT YOU SEE PEOPLE PUT IT IN THE RIGHT OF WAY THAT THERE'S AN OPEN HOUSE OR WE'LL BUY YOUR UGLY HOUSE AND THINGS LIKE THAT.

THOSE ARE YEAH, THOSE ARE, THOSE ARE TEMPORARY STAKE SIGNS.

YOU JUST PUT THEM IN WITH A STAKE.

THAT'S, THAT'S WHAT THEY'RE CALLED.

BUT THE POLITICAL SIGNS.

WHAT? SO THE POLITICAL SIGNS ARE A LITTLE DIFFERENT.

SO REGULATING A POLITICAL SIGN BECAUSE IT SAYS IT'S A POLITICAL SIGN IS CONTENT BASED SPEECH, CONTENT BASED REGULATIONS.

AND YOU CAN'T DO THAT.

SO THERE IS A STATE LAW THAT GOVERNS POLITICAL SIGNS AND IT SAYS BASICALLY A LOCAL GOVERNMENT CAN'T PROHIBIT OR CAN'T REQUIRE A PERMIT FOR A SIGN THAT IS FOR A ELECTION SIGN.

I BELIEVE IT'S LESS THAN 32FT².

SO IT'S A PRETTY BIG SIGN.

YOU CAN'T, YOU CAN REGULATE IT, IF IT'S ILLUMINATED.

YOU CAN REGULATE IT IF IT HAS MOVING PARTS.

BUT IF IT'S JUST A REGULAR, YOU KNOW, I'M RUNNING FOR OFFICE SIGN.

THEY CAN BE UP DURING AN ELECTION SEASON.

YOU CAN'T. I MEAN, THEY'RE NOT SUPPOSED TO BE PUT IN THE RIGHT OF WAY, BUT YOU CAN'T REGULATE THEM AND SAY THEY CAN BE A CERTAIN SIZE.

THEY HAVE TO BE A CERTAIN SETBACK AND THINGS LIKE THAT.

THANK YOU VERY GOOD.

[00:50:02]

I THINK THAT WAS I MEAN, I JUST HAD A COUPLE OTHER IDEAS, BUT WE'RE GETTING KIND OF LATE INTO YOUR NEXT MEETING.

BUT I WOULD LIKE TO HEAR IF YOU HAVE ANY COMMENTS ON GIVING THESE TYPE OF ASSEMBLY USES LIKE CONVENTION CENTER OR EVEN CHURCHES, AN ADDITIONAL ELECTRONIC MESSAGE BOARD SIGN THAT THEY DIDN'T HAVE TO GET A VARIANCE FOR.

IT'S ANOTHER WAY TO PROVIDE INFORMATION TO THE PUBLIC THAT'S THAT PUBLIC SIGN THAT I MENTIONED EARLIER, THE PUBLIC ELECTRONIC MESSAGE BOARD SIGN.

WHAT YOU ALL THINK OF THAT? BECAUSE IT'S MY UNDERSTANDING THAT THE ONES THAT YOU CURRENTLY HAVE IN DECATUR, THEY HAD TO GET A VARIANCE FOR THOSE AND THIS WOULD BE SOMETHING THAT WOULD BE ALLOWED IN THE CODE.

IS THAT RIGHT DEDRA? DID YOU HAVE TO GET VARIANCE? DO YOU GUYS WANT THERE TO BE THAT PROCESS IN PLACE, LIKE THE CONFERENCE CENTER, LIKE THE LIBRARY? THEY HAD TO COME BEFORE THE CITY COUNCIL FOR A VARIANCE OR DO YOU WANT THEM TO JUST PUBLIC FACILITIES, INCLUDING SCHOOLS, INCLUDING THE COUNTY, INCLUDING CITY FACILITIES, TO BE ABLE TO HAVE THESE TYPES OF SIGNS WITHOUT HAVING TO GO THROUGH ANY KIND OF VARIANCE PROCESS? MY OPINION IS THEY NEED TO GO THROUGH A VARIANCE PROCESS.

MIC] COMMENTS FROM. VERY WELL. SO THANK YOU.

IN THIS CASE, BOTH THE PUBLIC AND PRIVATE ENTITIES STILL HAVE TO GO THROUGH A VARIANCE PROCESS.

RIGHT? OKAY. THAT MAKES SENSE TO ME.

VERY GOOD. WHAT ELSE DO YOU HAVE ON YOUR AGENDA OF QUESTIONS?

[00:55:10]

WE DIDN'T SAY. WHAT DAY DID WE SAY THE SAME THING? YEAH, I CAN GET IT IN BY 8 A.M..

JUST MAYBE NOT THE DAY YOU'RE THINKING OF.

ALL RIGHT, WELL, I JUST HAD A COUPLE OF QUESTIONS.

YES, SIR. THE THINGS THAT WERE ALREADY PRESENTED IS, IS THE IT SEEMS LIKE SILLY TO DO A MENU.

SIGNAGE PERMIT.

IT JUST SEEMS LIKE THAT'S GOING OVERBOARD.

BUT I DON'T KNOW, THAT'S JUST ME.

WELL WELL, I THINK THE REASON THEY HAVE TO DO IT IS BECAUSE ANYTHING THAT'S NOT MENTIONED IN IN THE SIGNED ORDINANCE IS FORBID YOU CAN'T HAVE IT.

SO IF THEY DON'T MENTION A MENU ITEM, YOU CAN'T HAVE THAT.

SO IF IT'S NOT MENTIONED IN THERE, YOU CAN'T HAVE THEM.

AND WE STRUGGLED WITH THAT, ESPECIALLY WITH MCDONALD'S.

YEAH, THEY'VE GOT TWO MENU BOARDS, I GUESS, WHERE I'M THINKING OF IF IF A RESTAURANT'S ON THE SQUARE AND YOU'RE WALKING DOWN AND THEY'RE POSTING THE MENU OUTSIDE, YOU HAVE TO HAVE A SIGN.

A PERMIT FOR THAT.

YEAH, I THINK THAT'S I THINK THAT'S GOING OVERBOARD.

AND THEN I'M FOR THIS RELIEF PROCEDURE.

I THINK THAT'S A REALLY GOOD IDEA.

BUT WHAT I HEARD YOU SAY IS ALL OF THOSE CRITERIA NEED TO BE MET.

AND I, I GUESS IN MY MIND, MAYBE, MAYBE NOT ALL OF THEM HAVE TO BE, YOU KNOW, AT THE MAYBE JUST ONE OR A NUMBER OF THEM HAVE TO BE MET. IN YOUR IN YOUR VIEW.

I MEAN, I TRUST YOU'RE YOU'RE TALKING ABOUT THE VARIANTS LIKE DEDRA BEING ABLE TO GIVE VARIANCES OR YOU'RE TALKING ABOUT.

OKAY, YEAH, I JUST KIND OF THOUGHT THAT, YOU KNOW, MEETING ALL FOUR CRITERIA SEEMED LIKE A LOT.

SURE. AND THAT IS TRUE.

THAT IS TRUE. I JUST IN THE INTEREST OF TRYING TO MAKE IT EASIER, YOU KNOW, IF THE GOAL IS TO REDUCE THE NUMBER OF VARIANCE REQUEST.

THAT WAS JUST A POINT THAT I WAS GOING TO.

ALL RIGHT. ANY.

ANYTHING ELSE FROM THE..

YES, MA'AM.

THERE'S A LITTLE BIT OF DANGER WHEN THE ADMINISTRATOR MAKES A DECISION AND THEN THE BOARD DOES NOT AGREE WITH IT AND THEY START STACKING UP THESE THINGS.

WE'VE GOT TO PROTECT OUR PERSONNEL, TOO.

AND I'M NOT SURE THAT WOULD ALWAYS PROTECT OUR PERSONNEL.

WELL, AND I THINK ULTIMATELY I AGREE.

I MEAN, WE NEED TO BE THOUGHTFUL ABOUT THAT.

BUT I ALSO THINK THAT THERE IS KIND OF A PROCESS TO GIVE THE SOME LEVEL OF AUTHORITY THROUGH THE OVERSIGHT FOR DECISIONS TO BE MADE AND THEN TO BE CHANNELED BACK UP AS NEEDED.

SO I THINK THAT'S KIND OF WHERE YOU'RE GOING WITH THAT.

NO, AGREED.

I THINK THE PARAMETER WAS A 20% INCREASE THAT.

OKAY. DEDRA COULD SAY, YOU KNOW WHAT? ALL RIGHT. THE SIGN IS 60 BY 30, BUT YOU CAN GO UP TO 72 BY NINE IN DIAMETER.

EVERYTHING'S FINE WITH THAT.

BUT.

RIGHT, RIGHT. THERE'S A PARAMETER, AND YOU JUST YOU LIVE WITHIN THOSE PARAMETERS OF JUDGMENT.

AND THEN IF IT'S OUTSIDE OF THAT, IT GOES UP, IT COMES BACK.

AND THAT'S WHY WE KIND OF SET UP A NUMBER AND THEY LOOKED AT THE VARIANCES WE HAVE GRANTED OVER THE YEARS AND IT'S LIKE, OKAY, LET'S STAY WITHIN THESE NUMBERS.

THIS IS WHAT WE ARE WE'RE GOING TO DO.

AND IT'S ABOUT IT'S NOT JUST A WORKLOAD ON US OR ON Y'ALL.

[01:00:05]

AND WE'VE GIVEN THEM THE AUTHORITY TO TAKE CARE OF THINGS WITHIN THIS.

IT'S NOT CARTE BLANCHE TO JUST DO WHATEVER, BUT IT'S THESE ARE THE RESTRICTIONS.

WE'VE ALWAYS APPROVED THEM IN THE PAST.

STAY WITHIN THESE NUMBERS.

AND IF IT GOES ABOVE THIS, THEN MAKE US ALL LOOK AT IT.

THESE PARAMETERS ARE PRETTY GENERAL, THOUGH.

I MEAN. BUT NO, THE 20% IS NOT A GENERAL.

IT IS. IT'S A SET.

NO, I MEAN I MEAN, THIS THIS IS ONE OF THE RIGHT.

THIS IS WHAT YOU'RE SAYING. DEDRA CAN GIVE A VARIANCE IF THIS IS COMPLIED WITH.

AND I MEAN, THOSE ARE PRETTY GENERAL COMPLIANCE AND THOSE ARE ACTUALLY WHAT WE USE WHEN WE BRING VARIANCES BEFORE YOU GUYS ANYWAY, EVEN THOUGH YOU'VE NOT EVER ADOPTED THIS CRITERIA, WE TRY TO USE IT.

I MEAN, IF THEY MEET ALL THOSE CRITERIA, I'D SAY, I MEAN, THEY'RE PRETTY GENERAL CRITERIA, RIGHT? SO IT'S AN ALL FOR.

YEAH. ALL RIGHT.

THIS WAS VERY GOOD.

WE'VE BEEN ABLE TO ANSWER A NUMBER OF QUESTIONS, AND YOU'LL PUT TOGETHER A DRAFT AND ROUTE THAT THROUGH.

ANYTHING ELSE BEFORE WE CLOSE? WELL, I WILL GO AHEAD AND CLOSE CITY COUNCIL ON THIS WORKSHOP.

THANK YOU.

AND WE'LL WE'LL START THIS NEXT MEETING HERE IN JUST A FEW MOMENTS.

WANT TO GIVE EVERYONE JUST A CHANCE TO.

TAKE CARE OF WHATEVER THEY NEED TO TAKE CARE OF.

THANK YOU. ALL RIGHT.

WE WILL RECONVENE.

[CALL TO ORDER]

AND IF ABLE, JUST STAND AND JOIN ME IN A MOMENT OF SILENCE.

ALL RIGHT. THANK YOU SO MUCH.

THAT GETS US TO OUR FIRST ITEM.

[1. CONDUCT A 1ST PUBLIC HEARING, REGARDING THE PROPOSED ANNEXATION BY THE CITY OF DECATUR, TEXAS OF CERTAIN PROPERTY: IDENTIFIED AS BEING AN APPROXIMATE 16.84 ACRE TRACT KNOWN AS A PORTION OF THE RIGHT OF WAY OF US HWY 380 GENERALLY BETWEEN THE 1400 BLOCK THROUGH THE 1600 BLOCK OF US HWY 380, WISE COUNTY, TEXAS.]

CONDUCT A FIRST PUBLIC HEARING REGARDING PROPOSED ANNEXATION OF 16.84 ACRES.

IS THERE, A REPORT FOR..

MAYOR THIS IS THE PROPERTY THAT IS DIRECTLY IN FRONT OF PALOMA TRAILS.

IT'S THE HIGHWAY FRONTAGE AT THE TIME OF THE ORIGINAL PROPERTY BEING ANNEXED.

THERE WASN'T THE HIGHWAY FRONTAGE ADDED TO THAT PIECE OF PROPERTY.

SO WE'RE GOING BACK AND AND GETTING THAT.

SO YOU'RE GOING TO DO A FIRST AND THEN A SECOND PUBLIC HEARING.

GOT IT. SO A LITTLE CLEANUP ITEM HERE.

AND THIS IS A PUBLIC HEARING, SO I'LL ASK IF THERE'S ANYONE FROM PUBLIC WANTING TO MAKE ANY STATEMENT ON THAT.

SO NO ONE SIGNED UP, SIR.

ALL RIGHT. HEARING THAT. NONE.

WELL, I GUESS WE NEED TO HAVE A MOTION FOR THIS.

NOPE. JUST. JUST A JUST A FIRST READING.

LET ME GET TO THE SECOND READING, SHALL I? I GOT. I GOT REALLY.

I GOT REALLY AHEAD OF MYSELF.

SO THAT BRINGS US TO ITEM NUMBER TWO.

WELL, LET'S GO AHEAD AND OPEN AND CLOSE ON NUMBER ONE.

AND OPEN AND CLOSE ON NUMBER TWO.

OKAY, I WILL.

GO AHEAD. I DID OPEN.

OPEN. I DID OPEN US.

YOU DID. AND I WILL CLOSE THIS ON AT 6:46.

AT 6:46.

ALL RIGHT. SO LET'S GET TO ITEM NUMBER TWO, SHALL WE?

[2. CONDUCT A 2ND PUBLIC HEARING, REGARDING THE PROPOSED ANNEXATION BY THE CITY OF DECATUR, TEXAS OF CERTAIN PROPERTY: IDENTIFIED AS BEING AN APPROXIMATE 16.84 ACRE TRACT KNOWN AS A PORTION OF THE RIGHT OF WAY OF US HWY 380 GENERALLY BETWEEN THE 1400 BLOCK THROUGH THE 1600 BLOCK OF US HWY 380, WISE COUNTY, TEXAS.]

WE'LL OPEN THAT UP AT 6:46.

SO CONDUCT A SECOND PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION OF 16.84 ACRES, WHICH IS A CLEANUP.

SO NOW WE ARE READY.

NO ACTION, MAYOR. NO ACTION.

OKAY. YOU'LL SEE IT AGAIN.

EXCELLENT. THANK YOU.

SO WE WILL CLOSE THAT AT 6:46.

ITEM THREE, SECOND READING AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE FOR APPROXIMATELY 1.747 ACRES.

[3. CONSIDER SECOND READING AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY IDENTIFIED AS BEING AN APPROXIMATE 1.747 ACRE TRACT KNOWN AS THE RIGHT-OF-WAY OF COUNTY ROAD 4127 ADJACENT TO 3472 S US HIGHWAY 287, WISE COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THE DESCRIBED PROPERTY, AND ADOPTING A SERVICE PLAN. ORDINANCE 2023-03-06]

THIS ONE DOES HAVE ACTION, SIR.

EXCELLENT. SECOND TIME YOU'VE SEEN THIS.

[01:05:01]

SAME, SAME THING, SAME SPIRIT AS ITEMS ONE AND TWO.

WE'RE SIMPLY GOING BACK AND TAKING THE FRONTAGE THAT'S IN FRONT OF THESE PROPERTIES, ANNEXING EXCUSE ME, ANNEXING THE FRONTAGE IN FRONT OF THESE PROPERTIES.

ALL RIGHT. ANY QUESTIONS? VERY WELL. ANY QUESTIONS FROM COUNCIL? LOOK FOR A MOTION, MR. MAYOR. YES, SIR. I'D LIKE TO MAKE A MOTION.

I LOVE IT. I MOVE TO APPROVE ORDINANCE 2023-03-06.

ALL RIGHT.

WELL, WELL SAID.

AND WE HAVE A SECOND.

ANY DISCUSSION ON THAT? ALL THOSE IN FAVOR SAY AYE? AYE. OPPOSED? SAME SIGN. ALL RIGHT.

THAT PASSES.

CONSIDER SECOND READING REGARDING AN ORDINANCE REPEALING ORDINANCE 20220923 AND ADOPTING A NEW CITY SCHEDULE OF

[4. CONSIDER SECOND READING AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE CITY OF DECATUR, TEXAS, REPEALING ORDINANCE 2022-09-23 AMENDING THE CITY OF DECATUR SCHEDULE OF FEES AND ADOPTING A NEW CITY OF DECATUR SCHEDULE OF FEES AS SET FORTH IN EXHIBIT “A”; PROVIDING FOR AMENDMENT TO THE ANIMAL CONTROL FEES; WATER DEPARTMENT TAMPER FEE; FIRE AND PUBLIC SAFETY FEES; PROVIDING FOR AMENDMENTS TO THE FEES IMPOSED FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICE TO BE EFFECTIVE APRIL 1, 2023. ORDINANCE 2023-03-07]

NO CHANGES SINCE THE FIRST READING ON THIS ITEM AND IT IS AN ANNUAL PROCESS OF MAKING SURE THAT OUR FEES ARE IN LINE WITH WHAT WE CHARGE THE PUBLIC FOR SERVICES. EXCELLENT.

ANY QUESTIONS FROM COUNCIL? LOOK FOR A MOTION.

I'LL MAKE A MOTION TO APPROVE ORDINANCE 20230307.

SECOND. ALRIGHT MISS JACKSON.

OH, YEAH, SHE GOT IT.

OKAY. SO FOR THOSE KEEPING RECORDS.

MISS JACKSON'S HAS THE SECOND.

ANY DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE? AYE. OPPOSED? SAME SIGN. ALL RIGHT, THAT PASSES.

ITEM FIVE, CONSIDER AND TAKE ACTION TO ACCEPT AN EASEMENT FOR A 12 INCH WATER LINE.

[5. CONSIDER AND TAKE ACTION TO ACCEPT EASEMENTS FROM WISE ASSET PROPERTY, LTD., BEING 0.617 ACRES, OUT OF THE ANTONIO HERNANDEZ SURVEY, ABSTRACT NO. 401 FOR A 36-INCH STORM SEWER AND DETENTION POND; 0.539 ACRES OUT OF THE ANTONIO HERNANDEZ SURVEY, ABSTRACT NO. 401 FOR A 12- INCH WATER LINE; AND AN EASEMENT FROM WINWOOD CLUB APARTMENTS, LTD., BEING 0.333 ACRES OUT OF THE HUGH HENDERSON SURVEY, ABSTRACT NO. 369 FOR A 12-INCH WATER LINE. ]

SO, EARL, IF YOU CAN HEAR ME AND ARE READY, GO AHEAD AND TAKE IT AWAY.

OKAY. THANK YOU. THANK YOU, NATE.

HI, EVERYBODY. SO THIS AGENDA ITEM IS TO ACCEPT THREE EASEMENTS, AND THEY'RE PRESENTED AS THREE SEPARATE DOCUMENTS, AND THEY'RE ALL THESE EASEMENTS ARE ASSOCIATED WITH THE TA TRAVEL CENTER LOCATED ON HIGHWAY 81 287 SOUTH ADJACENT TO ZIMMER KUBOTA. OKAY.

UM, THE FIRST EASEMENT IS 0.617 ACRES FOR AN OFFSITE, 36 INCH STORM SEWER AND STORMWATER DETENTION POND. IT'S BEING GRANTED TO THE CITY BY WISE ASSET PROPERTY DECATUR.

AND IF YOU LOOK IN YOUR PACKET ON PAGE 45, YOU CAN SEE A EXHIBIT THAT SHOWS WHAT THIS EASEMENT LOOKS LIKE.

UH, EASEMENT NUMBER TWO IS 0.539 ACRES FOR AN OFFSITE WATER LINE EXTENSION, WHICH IS A 12 INCH WATER LINE.

THIS EASEMENT IS ALSO BEING GRANTED BY WISE ASSET PROPERTY DECATUR AND THE EXHIBIT FOR THAT'S ON PAGE 53.

MIGHT CLARIFY IT FOR YOU.

AND THEN EASEMENT NUMBER THREE IS 0.333 ACRES FOR A 12 INCH WATER LINE, AN OFFSITE 12 INCH WATER LINE AND THIS EASEMENTS BEING GRANTED BY WYNWOOD CLUB APARTMENTS.

AND THAT EXHIBIT BETTER EXPLAINED ON PAGE 61 IN YOUR PACKET.

SO THESE EASEMENTS WERE GRANTED TO THE CITY.

I'VE FURNISHED A TEMPLATE DOCUMENT FOR THE EASEMENT THAT WAS PREPARED BY THE CITY ATTORNEY.

UM, IT MIGHT BE INTERESTING TO NOTE THAT ALL OF THESE EASEMENTS ARE THE SAME PROPERTY OWNER.

THEY JUST CROSS DIFFERENT TRACKS AND HAVE DIFFERENT BUSINESS NAMES SET UP FOR TWO OF THE TRACKS.

THESE IMPROVEMENTS THAT THEY'RE GOING TO BUILD ARE IN ACCORDANCE WITH THEIR MASTER WATER PLAN AND ALSO THE DECATUR 2050 LONG RANGE MASTER PLAN. AND THEN I'LL STAND BY TO ANSWER ANY PARTICULAR QUESTIONS YOU MAY HAVE.

ALL RIGHT. AND MAYOR WOULD ADD AN ADMINISTRATIVE REQUEST.

IF THE COUNCIL SO CHOOSES TO APPROVE THESE EASEMENTS, WE WOULD ASK THAT YOU APPROVE THEM BY VOTE ONE AT A TIME.

OKAY. I CAN CALL THEM OFF FOR YOU AS YOU PREPARE TO VOTE ON THOSE.

ALL RIGHT. ANY OTHER QUESTIONS FROM COUNCIL? ALL RIGHT. DO YOU WANT US TO TAKE A MOTION FOR EACH ONE OF THESE, PLEASE? A MOTION AND A VOTE. SO THERE'S THREE, THREE DIFFERENT ITEMS. SO WE'LL DO.

I MOVE THAT WE APPROVE ORDINANCE 2023-0306.

AND IT'S OKAY.

I WOULD SO SO, YEAH.

[01:10:01]

YOU WILL NEED TO. THERE'S THREE DIFFERENT ITEMS ON HERE.

SO WE NEED A MOTION FOR EACH INDIVIDUAL ITEM AND WE'LL VOTE ON EACH INDIVIDUAL ITEM.

YEAH, SO YOU'RE ON ITEM FIVE AND IT DOESN'T HAVE AN ORDINANCE WITH IT, BUT THERE ARE THREE DIFFERENT EASEMENTS.

SO THREE SO THE PROPERTY.

SO THREE EASEMENTS.

OKAY. SO IN THIS CASE, WE'RE GOING TO DO THREE DIFFERENT MOTIONS FOR THOSE THREE DIFFERENT EASEMENTS.

ANY QUESTIONS ON THAT FROM COUNCIL? ALL RIGHT. WE'LL LOOK FOR A MOTION.

GO. YEAH, I'LL GO AHEAD AND MAKE A MOTION.

OKAY. GO AHEAD, MAYOR. SO I'LL MAKE A MOTION TO APPROVE ABSTRACT NUMBER 401 FOR 36 INCH STORM, SEWER AND DETENTION POND.

SECOND, HAVE A MOTION, A SECOND.

ANY DISCUSSION ON THAT? THANK YOU, SIR. UM, ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

OPPOSED? SAME SIGN.

ALL RIGHT. YES, SIR. I'LL MAKE A MOTION FOR 0.539 ACRES OUT OF THE ANTONIO HERNANDEZ SURVEY.

ABSTRACT NUMBER 401 FOR A 12 INCH WATER LINE.

A SECOND. THAT ONE, TOO. ALL RIGHT.

SO WE GOT A MOTION.

A SECOND. ANY OTHER DISCUSSION ON THAT? ALL THOSE IN FAVOR OF THAT SAY AYE? AYE. OPPOSED SAME SIGN.

ALL RIGHT, THAT PASSES.

LOOKING FOR ONE LAST MOTION.

I'LL MAKE ANOTHER ONE IF YOU WANT.

EXCELLENT. UH, AN EASEMENT FROM WYNWOOD CLUB APARTMENTS.

L.T.D. BEING 0.333 ACRES OUT OF THE HUGH AND HENDERSON SURVEY.

ABSTRACT NUMBER 369 FOR A 12 INCH WATERLINE.

ALL RIGHT, SO I HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION ON THAT? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED, SAME SIGN.

ALL RIGHT. AND THAT PASSES.

THOSE ARE THE THREE. THANK YOU FOR THAT.

THANK YOU. I APPRECIATE THE GUIDANCE.

ITEM SIX, CONSIDER TAKE APPROPRIATE ACTION FOR AN INTERLOCAL AGREEMENT WITH THE CITY OF PARADISE FOR CODE ENFORCEMENT SERVICES.

[6. CONSIDER AND TAKE APPROPRIATE ACTION ON AN INTERLOCAL AGREEMENT WITH THE CITY OF PARADISE FOR CODE ENFORCEMENT SERVICES.]

GOOD EVENING, MAYOR, COUNCIL.

GOOD EVENING. JUST WANTED TO BRING THIS BEFORE YOU AS AN INFORMATIONAL ITEM.

WE ARE LOOKING AT AN INTERLOCAL AGREEMENT.

WE'VE HAD THAT RUN THROUGH PAST OUR CITY ATTORNEY WITH THE CITY OF PARADISE FOR CODE ENFORCEMENT SERVICES.

THEY THE HAVE USED ANOTHER SERVICE IN THE PAST.

THEY'RE CONSIDERING SOME DIFFERENT OPTIONS AT THIS TIME AND ASKED WHAT IT WOULD LOOK LIKE TO DO AN INTERLOCAL AGREEMENT WITH THE CITY OF DECATUR.

WE'VE LOOKED AT SEVERAL OF THESE WITH SOME OTHER COMMUNITIES OR SEVERAL INTERLOCAL AGREEMENTS FOR DIFFERENT SERVICES ON THIS.

BUT PARADISE ASKED IF WE WOULD COME UP WITH SOMETHING AND WHAT THAT WOULD LOOK LIKE.

RIGHT NOW THEY'RE ASKING FOR ONE DAY A WEEK FROM OUR CODE ENFORCEMENT OFFICER.

THEY OUR CODE ENFORCEMENT OFFICER WOULD USE THE VEHICLE PROVIDED BY THE CITY OF DECATUR AND ANY MATERIALS THAT THEY WOULD USE, INCLUDING LEGAL SERVICES FOR THEIR ITEMS WOULD COME FROM THEIR BUDGET.

WE WOULDN'T BE OUT ANYTHING ON THAT.

IT IS CURRENTLY THE INTERLOCAL AGREEMENT IS CURRENTLY WITH THE MAYOR FOR THE CITY OF PARADISE.

THEY'RE REVIEWING IT AND TRYING TO MAKE A DECISION ON WHICH WAY THEY WANT IT TO GO.

BUT I DIDN'T WANT THIS TO COME BEFORE YOU AND BE SOMETHING THAT WAS BRAND NEW TO YOU WHEN IT DOES COME BACK.

SO RIGHT NOW, IT'S JUST FOR CONSIDERATION AND JUST FOR YOUR INFORMATION AT THIS TIME.

ANY QUESTIONS? COUNCILMAN. IT'S SOMETHING THAT I THINK IS IT WOULD BE IN A GOOD INTEREST.

IT'S SOMETHING THAT CAN ALLOW US AT A FUTURE DATE TO BE ABLE TO EXPAND OUR CODE ENFORCEMENT SERVICES ALSO.

WHEN WE TEAM WITH ANOTHER CITY FOR AN INTERLOCAL AGREEMENT LIKE THAT, AND SO HAVE WORKED THROUGH THIS PROCESS WITH OUR CODE ENFORCEMENT OFFICER.

IT LOOKS REALLY GOOD AND IT WOULD HELP TO BRING BACK IN SOME OF THAT MONEY FOR TRAINING AND LICENSING WOULD BE RECAPTURED IN THROUGH THIS ALSO.

ALL RIGHT. ANY OTHER QUESTIONS FROM COUNCIL? RIGHT. THIS IS A IT DOES SAY FOR ACTION.

SO WE DO NOT HAVE AN APPROVED.

OH, YOU DON'T HAVE THE AGREEMENT AT THIS POINT.

SO THIS IS INFORMATIONAL AT THIS POINT.

SO NOT NECESSARY FOR ACTION.

OKAY. ONCE THEY DECIDE WHICH WAY THEY WANT TO GO WITH IT.

OKAY. ALL RIGHT. WELL, MAKE SENSE.

OKAY. EXCELLENT. THANK YOU, SIR.

ALL RIGHT. ITEM SEVEN, CONSIDER TAKE APPROPRIATE ACTION ON A UNIFIED MASTER SERVICE AGREEMENT WITH ANY SERVICES LLC FOR COMMUNICATION SERVICES ENA.

[7. CONSIDER AND TAKE APPROPRIATE ACTION ON A UNIFIED MASTER SERVICE AGREEMENT WITH ENA SERVICES, LLC FOR COMMUNICATION SERVICES.]

[01:15:28]

YES, SIR.

ALL RIGHT. OTHER QUESTIONS OR COMMENTS FROM COUNCIL? ALL RIGHT, WE'LL LOOK FOR A MOTION.

MAYOR I'LL MAKE A MOTION TO APPROVE THE UNIFIED MASTER SERVICE AGREEMENT WITH ENA SERVICES.

I'LL SECOND. EXCELLENT.

SO WE HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION ON THAT? ALL THOSE IN FAVOR SAY AYE? AYE. OPPOSED? SAME SIGN.

ALL RIGHT, THAT PASSES.

THANK YOU. ITEM EIGHT, CONSIDER TAKE APPROPRIATE ACTION TO APPOINT BRIAN SCROGGINS, ALSO AKA TODD SCROGGINS, TO THE LIBRARY BOARD.

[8. CONSIDER AND TAKE APPROPRIATE ACTION TO APPOINT BRIAN SCROGGINS TO THE LIBRARY BOARD, REPLACING NANCY ROSENDAHL WITH A TERM TO EXPIRE MAY 31, 2024. ]

I'LL MAKE A MOTION TO APPOINT BRIAN SCOGGINS TO THE LIBRARY BOARD.

ALL RIGHT, SO WE HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED, SAME SIGN.

ALL RIGHT, THAT PASSES.

AND ANY..

DID ANYONE SIGN UP FOR PUBLIC COMMUNICATIONS? ALL RIGHT. AND ITEM TEN IS REQUEST FUTURE AGENDA ITEMS, AND THAT GETS US TO ADJOURNMENT AT 6:59.

* This transcript was compiled from uncorrected Closed Captioning.