[00:00:11]
>> JOIN ME IN THE PLEDGE OF ALLEGIANCE.
[CALL TO ORDER]
>> THANK YOU. THAT GETS US TO OUR FIRST ITEM TO HEAR
[1. HEAR A PRESENTATION FROM ANDREW SIMONSEN WITH KIMLEY-HORN REGARDING IMPACT FEES. ]
A PRESENTATION FROM ANDREW SIMONSEN WITH KIMLEY-HORN REGARDING IMPACT FEES. HEY, SIR.>> HOW'S THAT? DO I NEED TO REPEAT FOR THE AUDIENCE ONLINE?
>> GOOD EVENING. I'M ANDREW SIMONSEN, WITH KIMLEY-HORN AND I'VE GOT PETE KELLY HERE WITH ME TO ALSO PRESENT.
WE'RE HERE TO TALK ABOUT IMPACT FEES, AND GIVE AN IMPACT FEE 101.
IMPACT FEES ARE ONE OF THOSE TOOLS THAT ARE REALLY IMPORTANT TO A CITY AS YOU START TO DEVELOP.
THE CITY OF DECATUR CURRENTLY HAS IMPACT FEES, BUT IT'S TIME TO PERIODICALLY UPDATE THOSE IMPACT FEES.
AS THAT GETS READY TO COME BACK AND START THAT PROCESS IN THE NEAR FUTURE, I WANTED TO GIVE A BRIEF REFRESHER ON WHAT IMPACT FEES ARE, WHY THEY'RE IMPORTANT, AND BASICALLY HOW THE CITY ADMINISTERS THOSE TO NEW DEVELOPMENTS COMING IN.
A BRIEF OUTLINE IS, WE'RE JUST GOING TO GO OVER THE IMPACT FEE BASICS, IMPACT FEE FAQS AND KEYS TO A SUCCESSFUL PROJECT.
TRY AND JUST KEEP THIS TO 10 MINUTES, I'LL GO THROUGH THIS RELATIVELY BRIEFLY, BUT FEEL FREE TO STOP ME AND ASK ANY QUESTIONS AS I'M GOING.
WHAT ARE IMPACT FEES? THERE ARE A ONE-TIME FEE THAT NEW DEVELOPMENT PAYS WHEN THEY COME INTO THE CITY.
EITHER AT WHEN THEY PLEAD OR WHEN THEY PULL A BUILDING PERMIT.
IT'S A ONETIME FEE THAT'S EITHER PAID BY THE DEVELOPER OR THAT RESIDENT AS THEY BASICALLY COME INTO THE CITY.
REALLY WHAT IT IS, IT'S A MECHANISM FOR THE CITY TO FUND THE FUTURE INFRASTRUCTURE REQUIRED TO SERVE THAT FUTURE DEVELOPMENT.
THE PHRASE IS, LET DEVELOPMENT PAY FOR DEVELOPMENT.
AS A NEW DEVELOPMENT COMES IN, THEY NEED TO BUILD THESE WATER LINES, OR WATER TOWER, OR A NEW TREATMENT PLANT, BASICALLY TO SERVE THEM SO LET'S CHARGE THEM THEIR FAIR SHARE SUCH THAT YOUR EXISTING CITIZENS AREN'T BEARING THE COST TO BRING THAT NEW DEVELOPMENT ON LINE.
THEN REALLY, THE STATE OF TEXAS GIVES YOU THE LEGAL ABILITY TO CHARGE THIS FEE AND GIVE YOU THE FLEXIBILITY TO PAY FOR THESE PROJECTS AND CONSTRUCT THESE PROJECTS.
YOU BASICALLY CAN ORDERLY BUILD YOUR INFRASTRUCTURE BOTH WATER, WASTEWATER, AND ROADWAYS.
[BACKGROUND] [LAUGHTER] I BROKE IT.
THERE IS A DIFFERENTIATION YOU HAVE TO MAKE BETWEEN WHAT YOU CAN PAY AND WHAT YOU CAN NOT PAY WITH IMPACT FEES.
LIKE I SAID, IT'S REALLY GEARED TOWARDS FUTURE DEVELOPMENT.
YOU CAN PAY FOR THE CONSTRUCTION OF THOSE PROJECTS, THE SURVEY AND ENGINEERING FEES, ANY LAND COST, ANY DEBT SERVICE, AND EVEN PLANNING STUDIES SUCH AS MASTER PLANS, CAN ALL BE CHARGED TO IMPACT FEES.
WHAT CAN NOT BE CHARGED IS ANYTHING ASSOCIATED WITH YOUR EXISTING SYSTEM, FIXING THINGS THAT ARE BROKEN WITHIN YOUR EXISTING SYSTEMS. REPAIRING OPERATION OR MAINTENANCE UPGRADES TO AN EXISTING FACILITY TO SERVE FUTURE DEVELOPMENT AND OR ADMINISTRATIVE COSTS OF OPERATING THE IMPACT FEE PROGRAM.
I SKIPPED THE FIRST BULLET AND THAT'S A REALLY IMPORTANT POINT IS ANY PROJECTS THAT YOU DON'T HAVE ON YOUR IMPACT FEE CIP, YOU CAN'T CHARGE FOR.
WHAT I MEAN BY THAT IS IF YOU DID THE STUDY AND THEN BASICALLY A YEAR LATER A NEW PROJECT POPS UP FOR SOME REASON BUT IT'S NOT ON THAT STUDY, YOU CAN'T LEGALLY START CHARGING FOR THAT PROJECT.
YOU'D HAVE TO REDO THAT STUDY TO INCLUDE THAT PROJECT.
THAT'S AN IMPORTANT FINE POINT THAT SOMETIMES AS CITIES ARE RAPIDLY DEVELOPING, THINGS ARE CHANGING, THAT SOMETIMES THE IMPACT FEES HAVE TO BE REDONE RATHER QUICKLY TO ACCOUNT FOR NEW PROJECTS. YES, MA'AM.
>> HOW DO YOU ENSURE THAT YOU DON'T HAVE THAT HAPPEN WHEN YOU'RE DOING THIS STUDY TO BEGIN WITH.
>> ONE OF THE SLIDES WE'RE GOING TO GO OVER IS WHAT MAKES A SUCCESSFUL PROJECT AND WE'RE BASICALLY GOING TO SEE A LOT OF STAKEHOLDERS LISTED ON THAT.
INVOLVING NOT ONLY THE CITY STAFF, BUT THE DEVELOPERS, THE DEVELOPMENT COMMUNITY, AND BASICALLY ANYONE AND EVERYONE WHO COULD HAVE A VESTED INTEREST IN THIS PROJECT,
[00:05:03]
YOU BRING THEM IN EARLY SUCH THAT YOU CAPTURE ALL THE PROJECTS THAT ARE GOING TO BE NECESSARY.BUT SOMETIMES WE DON'T HAVE A CRYSTAL BALL AND STUFF HAPPENS, BUT WE'D CERTAINLY DO OUR BEST.
WHAT GOES INTO A STUDY? THERE'S REALLY FIVE MAIN COMPONENTS.
SERVICE AREA, LAND USE ASSUMPTIONS, SERVICE UNITS, CAPITAL IMPROVEMENT PLANS, AND YOUR MAXIMUM FEES, AND I'M GOING TO GO OVER EACH ONE OF THESE BRIEFLY.
FOR SERVICE AREAS, ONE IMPORTANT POINT IS WE JUST NEED TO COME IN AND DEFINE WHO WE'RE SERVING AND WHERE WE'RE GOING TO CHARGE THESE FEES.
TYPICALLY FOR WATER OR SEWER, THAT'S GOING TO BE WITHIN THE SERVICE AREA.
MOST OF THE TIME, THAT'S GOING TO BE WITHIN YOUR CITY LIMITS.
WE ARE CURRENTLY PROVIDING THOSE SERVICES.
FOR A ROADWAY, IT'S A LITTLE BIT MORE INTERESTING IN THAT THEY LIMIT TO YOU TO A SIX-MILE TRIP LENGTH LIMIT.
BASICALLY, THE LENGTH THAT A CAR COULD TRAVEL IN ANY GIVEN DIRECTION FOR SIX MILES WITHIN YOUR CITY.
FREQUENTLY, WITHIN A CITY YOU MIGHT HAVE TWO OR THREE SERVICE AREAS BASED OFF OF THAT, WHERE FOR WATER OR SEWER, YOU MIGHT HAVE JUST ONE BIG SERVICE AREA FOR THE OVERALL CITY.
AN IMPORTANT NOTE IS WHEREVER THAT SERVICE AREA IS DEFINED, THAT'S WHERE YOU'RE ALLOWED TO COLLECT THE IMPACT FEES AND THAT'S WHERE YOU ALSO HAVE TO CONSTRUCT THOSE PROJECTS.
YOU CAN'T DO A PROJECT FIVE MILES AWAY OUTSIDE OF THE SERVICE AREA BECAUSE THAT'D BE INEQUITABLE TO THE FEES YOU JUST CHARGED TO THAT SERVICE AREA.
WE NEED TO HAVE A GOOD BASIS TO UNDERSTAND WHAT'S GOING TO COME IN AND THE RATE AT WHICH IT'S GOING TO COME IN.
A LOT OF TIMES WE'LL USE THE COMPREHENSIVE PLAN AS A GREAT STARTING POINT.
WHAT ARE VACANT OR OPEN TRACKS OF LAND GOING TO DEVELOP INTO? SINGLE-FAMILY, COMMERCIAL, INDUSTRIAL, ETC.
THEN ONCE WE ESTABLISH THAT, THAT ALLOWS US TO PROJECT THOSE FUTURE PROJECTS TO SERVE THOSE TRACKS AT BUILD-OUT, AND THEN ULTIMATELY WE HAVE TO COME IN WITH EMPLOYMENT, POPULATION PROJECTIONS AND SAY, STARTING TO WONDER OFF THERE, AT WHAT RATE DO THOSE PROJECTS NEED TO BE BUILT.
WE MIGHT SAY THERE'S A HUNDRED PROJECTS WE NEED TO BUILD WHEN THIS CITY IS COMPLETELY BUILT OUT, BUT IN THE NEXT 10 YEARS, WE ONLY NEED TO BUILD 10 OF THOSE BASED OFF OF THE GROWTH PROJECTIONS.
THE NEXT THING IS WE NEED TO DEFINE WHAT A SERVICE UNIT IS.
WHAT I MEAN BY THAT IS WE NEED TO COME UP WITH A STANDARD MEASURE THAT WE CAN APPLY TO EVERY DEVELOPMENT AS SOON AS IT COMES IN.
THE EASIEST WAY THAT WE DO THAT IS WITH WATER METERS ON THE WATER AND SEWER SIDE.
EVERY DEVELOPMENT IS GOING TO HAVE A WATER METER.
A SINGLE-FAMILY HOUSE IS GOING TO HAVE A SMALL ONE, AND A COMMERCIAL LOT IS GOING TO HAVE A MUCH BIGGER ONE.
WE BASICALLY BOIL EVERYTHING DOWN TO THAT AND SCALE IT UP BASED OFF OF THE SIZE OF THE DEVELOPMENT.
I'VE GOT ANOTHER SLIDE HERE IN A MOMENT, I'LL ILLUSTRATE THAT.
THEN ON THE ROADWAY SIDE, IT'S THAT ONE VEHICLE TO TRAVEL ONE MILE.
IF YOU'VE GOT ANY MORE QUESTIONS ON THAT, PETE'S THE ROADWAY EXPERT, SO I'LL LET HIM EXPLAIN THAT, BUT THE ROADWAY IS A LITTLE BIT MORE CONFUSING TO UNDERSTAND THAN THE WATER OR WASTEWATER.
THEN BASICALLY, ONCE WE UNDERSTAND HOW MUCH NEW GROWTH IS GOING TO COME IN, WE CAN BASICALLY BOIL IT DOWN TO HOW MANY OF THESE STANDARD SERVICE UNITS ARE GOING TO COME IN.
TO ELABORATE A LITTLE BIT MORE ON SERVICE UNITS, SO IF YOU TAKE YOUR TYPICAL THREE-QUARTER INCH METER THAT THE CITY OF DECATUR HAS, AND THAT'S EQUIVALENT TO A SINGLE-FAMILY HOME.
[NOISE] AND YOU TAKE A SHOPPING CENTER, COMMERCIAL, INDUSTRIAL, WHATEVER, THAT'S GOING TO HAVE A MUCH LARGER WATER METER, LET'S SAY A TWO-INCH, THE TWO-INCH IS GOING TO HAVE EIGHT TIMES THE DEMAND ON THE CITY SYSTEM AS THAT THREE-QUARTER INCH.
WHAT WE'LL DO AS WE GO THROUGH THE IMPACT FEE STUDY IS BASICALLY A TWO-INCH WATER METER WILL PAY EIGHT TIMES THE AMOUNT THAT A SINGLE-FAMILY METER WOULD.
WE'RE BASICALLY TRYING TO CHARGE THE EQUITABLE AMOUNT OR THE IMPACT THAT YOU'RE GOING TO HAVE ON THAT SYSTEM.
TO KEEP GOING, I'M GOING TO TURN IT OVER TO PETE.
>> GOOD EVENING, COUNCIL. MAKE SURE I TALKED WITH MICROPHONE HERE.
LIKE ANDREW SAID, I'M PETE KELLY AND REPRESENT THE ROADWAY SIDE OF OUR IMPACT FEE TEAM.
SINCE YOU DON'T HAVE OUR WIND BACK FEES, HOPEFULLY BUILD ANSWER AS MANY QUESTIONS AS I CAN ABOUT THAT PROCESS TONIGHT.
BUT JUST PICKING UP ON WHERE ANDREW LEFT OFF TALKING ABOUT THE LAND-USE ASSUMPTIONS, ESTABLISHING THE NEED FOR WATER WASTEWATER, ROADWAY INFRASTRUCTURE, AND THEN THE SERVICE UNITS QUANTIFYING THAT NEED.
THAT WILL REALLY INFORM US WHAT INFRASTRUCTURE DO WE NEED TO BUILD.
THAT'S WHAT THE IMPACT FEE, CAPITAL IMPROVEMENT PLAN, OR CIP IS FOR.
ONE OF THE RULES IN THE STATE LAW IS THAT THE IMPACT FEE CIP NEEDS TO BE BASED OFF OF AN ADOPTED PLAN.
TYPICALLY THAT IS A MASTER PLANS SUCH AS WATER, WASTEWATER MASTER PLAN OR A MOBILITY PLAN OR THOROUGHFARE PLAN.
[00:10:04]
THAT'S WHAT WE WOULD USE FOR THE CIP.IF IT'S NOT ON AN ADOPTED PLAN ALREADY OR ATTITUDE ADOPTED PLAN BEFORE THE IMPACT FEE IS IMPLEMENTED, THEN IT'S NOT ELIGIBLE TO BE INCLUDED IN THE IMPACT FEES CIP.
ALSO, AS FAR AS THE COST THAT CAN BE INCLUDED MORE ESTIMATING THAT INFRASTRUCTURE, WE CAN INCLUDE THINGS LIKE DESIGN, CONSTRUCTION, LEGAL COSTS, FISCAL BUDGETING, AND RIGHT AWAY COST AS WELL.
JUST ONE DIFFERENTIATION TO MAKE, BECAUSE WE USE THE TERM CIP A LOT WHEN WE'RE TALKING ABOUT IMPACT FEES.
THE CITY CIP IS MORE OF A PROGRAM OF WHAT WILL BE BUILT AND IN WHAT ORDER OFTEN AND THERE'S TIMES AND THERE'S A SPECIFIC DOLLARS ASSOCIATED WITH THAT.
THE IMPACT FEE CIP ARE A LIST OF PROJECTS THAT WE HAVE IDENTIFIED THAT CAN BE COLLECTED FOR OVER THE 10-YEAR WINDOW.
BUT THOSE AREN'T NECESSARILY FOR SURE GOING TO BE BUILT.
THOSE ARE JUST ELIGIBLE PROJECTS THAT ARE ON THE IMPACT FEE CIP.
THAT'S A DIFFERENTIATION BETWEEN THE CITIES FIVE-YEAR CIP AND THE IMPACT FEE TENURE CIP.
THE CIPS CAN ALSO INCLUDE COMPLETED PROJECTS IF THERE HAS BEEN A PRIOR IMPACT FEE STUDY THAT THAT PARTICULAR PROJECT HASN'T BEEN PAID OFF YET OR PRODUCTS THAT ARE UNDERWAY AND ALSO FEATURE PROJECTS SUCH AS A WIDENING OUR NEW ROADWAY.
I NEED TO SWITCH OVER TO THE NEXT SLIDE HERE.
AFTER WE DO THE CAPITAL IMPROVEMENT PLAN AND GET THE LINKS ASSUMPTIONS, SO WE ESTABLISH WHAT IS THE DEMAND AND THEN WHAT SUPPLY DO WE NEED TO BUILD TO MEET THAT DEMAND.
THOSE ARE THE TWO MAIN COMPONENTS WE USED TO CALCULATE.
WHAT IS GOING TO BE THE MAXIMUM FEE THAT THE CITY CAN CHARGE FOR IMPACT FEES? RIGHT NOW, THE MAXIMUM FEE HAVE IS $856 AND THIS IS THE BASE FEE.
THIS WAS FOR A SINGLE-FAMILY HOME, THE SMALLEST METER SIZE.
$856 PER HOME, AND THEN $1,378 PER HOME.
ROADWAY DOESN'T HAVE AN ADDITIONAL IMPACT FEE FOR ROADWAY YET.
WE'RE EXPECTING THAT WITH THE RISING CONSTRUCTION COSTS THAT THESE WILL LIKELY GO UP.
JUST TO GIVE YOU AN IDEA FOR WHAT ROADWAY COULD BE, TYPICALLY THROUGHOUT THE METROPLEX, WE SEE A MAXIMUM FEE FOR ROADWAY SOMEWHERE 5,000-7,000 A HOUSE.
BUT MOST CITIES, IN THE SPIRIT OF ENCOURAGING DEVELOPMENT WILL NOT CHARGE THAT FULL AMOUNT.
THE AVERAGE AMOUNT CHARGED RIGHT NOW IS ABOUT $2,000 TO $4,000 A HOUSE.
IN DENTON, THEY'VE BEEN CHARGING $2,000 A HOUSE.
IN GAINESVILLE, IT'S JUST UNDER $2,600 A HOUSE.
WE DO EXPECT THEM TO BE GOING UP FAIRLY SOON BECAUSE WE'RE IN THE PROCESS OF UPDATING.
MAY HAVE HEARD ABOUT THAT A LOT OF CITIES ARE GOING UP FROM WHAT THEY HAVE BEEN.
BUT THAT'S JUST TO GIVE YOU AN IDEA OF THE BENCHMARK FOR WHAT TO EXPECT MOVING FORWARD.
AS PART OF THE PROCESS, WE CAN PROVIDE SOME COMPARATIVE DATA WITH OTHER CITIES LIKE TO SEE TO COMPARE TO.
JUST TO REITERATE ON WALL AROUND THE MAXIMUM FEE SLIDE, WHAT WE CALCULATE IN THE STUDY IS A TECHNICAL RESULT THAT'S GOING TO BE PUTTING INTO YOUR HANDS TO MAKE A POLICY DECISION.
WHILE THE MAXIMUM FEE PER A SINGLE-FAMILY HOME COULD COME OUT TO $7,000 OR $8,000, COUNCIL YOU CAN DECIDE WE WERE GOING TO SET IT AT A LOWER RATE, OR YOU CAN DECIDE WE'RE GOING TO COLLECT 100% OF THAT RATE.
JUST A FEW REASONS FOR WHY TO USE OR TO CONTINUE TO USE IMPACT FEES IS THAT IT MAKES THE INFRASTRUCTURE BUILDING PROCESS AND THE PARTNERSHIP BETWEEN THE CITY AND DEVELOPMENT MAKES IT MORE EQUITABLE, PREDICTABLE, CHEERS ACCOUNTABILITY, AND ALSO MAKES IT PROPORTIONAL.
FOR THE EQUITABLE PART OF IT, IT DOESN'T MATTER IF YOU'RE THE FIRST DEVELOPMENT IN OR THE LAST DEVELOPMENT IN, YOU'RE GOING TO BE PAYING AN EQUAL FEE JUST BASED OFF OF YOUR LAND USE.
RATHER THAN IF YOU'RE THE FIRST ONE AND YOU MIGHT GET STUCK PROVIDING LOT MORE INFRASTRUCTURE.
IT CAN BE SEEN AS AN EQUITABLE WITHOUT IMPACT FEES.
THE PREDICTABILITY, ANY DEVELOPER THAT'S INTERESTED IN DEVELOPING INDICATOR CAN LOOK AT THE WEBSITE AND SEE THIS.
THESE ARE THE FEES I WOULD EXPECT TO PAY BASED OFF MY TYPE OF DEVELOPMENT.
STATE LAW DOES REQUIRE THAT IMPACT FEES COLLECTED ARE SPENT WITHIN 10 YEARS THAT THEY'RE COLLECTED ON AN IMPACT FIELDS OF A PROJECT.
BUT THERE'S ALSO, I SHOULD SAY THAT THE FIFTH ONE IN HERE THAT'S NOT OUT ON THE SLIDE IS FLEXIBILITY.
IS THAT EVEN THOUGH YOU MAY COLLECT FUNDS FROM ONE DEVELOPER, THE FUNDS CAN BE SPENT ANYWHERE IN THAT SAME SERVICE AREA.
[00:15:02]
GOING BACK TO THAT SIX MILE LIMIT, IT DOESN'T HAVE TO BE RIGHT ON THAT SAME STREET.BUT IT IS LIMITED THAT SIX-MILE AREA JUST TO ENSURE THAT THOSE FUNDS ARE BEING SPENT IN NEARBY, IF THAT MAKES SENSE.
THEN THE LAST ONE IS PROPORTIONAL.
ANY IMPACT FEES COLLECTED, THEY'RE GOING TO BE BASED OFF THE DIRECT DEMAND THAT WE'RE PROJECTING OVER THE NEXT 10 YEARS.
IT'S GOING TO BE BASED OFF OF THE DEMAND THAT INDIVIDUAL DEVELOPMENT IS GOING TO GENERATE IN TERMS OF TRAFFIC AND WATER DEMAND.
SOME OF THE FAQS OR FREQUENTLY ASKED QUESTIONS THAT WE GET JUST TO TALK ABOUT SOME OF THESE THINGS IS, IS THIS JUST A MEANS THAT THE CITY CAN CHARGE WHATEVER IT WANTS AND DO WHATEVER IT WANTS? THE ANSWER TO THAT AS SO THESE REPORTS HAVE TO BE PREPARED BY INDEPENDENT LICENSED PROFESSIONALS.
THAT'S WHERE WE COME IN TO HELP PROVIDE A TECHNICAL BASIS FOR THESE FEES TO SHOW REAL AND DATA-DRIVEN ASSUMPTIONS LIKE LANG'S ASSUMPTIONS, YOUR MASTER PLANS OR CAPITAL IMPROVEMENT PLAN, AND THE IMPACT FEE CALCULATIONS.
THERE'S A VERY SOLID TECHNICAL BASIS DONE BY INDEPENDENT PROFESSIONALS IN THIS CASE.
THEN IN ADDITION TO THAT, THEY WILL NEED TO BE A CAPITAL IMPROVEMENT ADVISORY COMMITTEE THAT OVERSEES THE IMPACT FEE PROGRAM AND THAT PROVIDES GUIDANCE TO COUNCIL IN DECISION-MAKING.
THAT INCLUDES SUCH THINGS AS WHAT RATE DO WE SET AND HOW DO WE ADMINISTER THE PROGRAM.
THERE'S ADDITIONAL GUIDANCE, OVERSIGHT THERE FROM OTHER ELECTED BODIES AS WELL.
THEN OUR IMPACT FEES EASY TO ADMINISTER.
YOU HAVE A FEEL FOR THIS SOMEWHAT ALREADY.
WE'RE HAVING WATER AND WASTEWATER IMPACT FEES.
LIKE ANDREW SAID, THE ROADWAY IMPACT FEE PROGRAM CAN BE A LITTLE BIT MORE TRICKY BECAUSE INSTEAD OF BEING BASED OF METER-SIZED, IT'S BASED OF WHAT TYPE OF LAND USE YOU HAVE.
TYPICALLY, IT WILL GENERATE A TABLE WITH A FEW DOZEN DIFFERENT LAND USES AND BASED OF THE TYPE OF LAND USE THAT DEVELOPMENT COMES IN, THAT'S HOW THEY'LL BE ASSESSED.
FOR EXAMPLE, A SINGLE-FAMILY HOME GENERATES ABOUT ONE TRIP IN THE HIGHEST TRAFFIC HOUR OF THE DAY.
A FAST FOOD RESTAURANT GENERATES ABOUT 20 TIMES THAT AMOUNT OF TRIPS.
YOU'D EXPECT A FAST FOOD RESTAURANT AND A SINGLE-FAMILY HOME TO HAVE A DIFFERENT IMPACT FEE THAT THEY WOULD PAY.
ANOTHER THING IS THAT THE IMPACT FEES DO NEED TO BE UPDATED PERIODICALLY TO ENSURE THAT THE ASSUMPTIONS ARE BEING REVISITED TO MAKE SURE THE PLANS ARE BEING REVISITED AND ALSO AS ANDREW MENTIONED BEFORE, YOU CAN'T SPEND IMPACT FEE DOLLARS ON A PROJECT THAT'S NOT ON THE PLAN SO IT'S ANOTHER REASON TO CONTINUE TO UPDATE THE CIP.
I THINK WE ALSO MENTIONED AS WELL EARLIER THAT IMPACT FEES COLLECTED IN A SERVICE AREA MUST BE SPENT IN THAT SERVICE AREA AND CAN'T BE TRANSFERRED TO OTHERS.
>> ONE MORE SLIDE. I BROKE AT THIS TIME [LAUGHTER].
ANY QUESTIONS THAT YOU HAD SO FAR WHILE HE'S PULLING UP THE LAST SLIDE?
>> EXCUSE ME. BASED OF WHERE WE ARE ON IMPACT FEES, WHERE ARE WE IN COMPARISON TO THE MAXIMUM FEES? THE MAXIMUM WE CAN CHARGE?
>> YOU HAVE THAT ANSWER ANDREW IN TERMS OF POWER WASTEWATER.
>> CHECK IN WITH EARL THAT I THINK FROM THE LAST STUDY WAS ABOUT 40%.
>> OUR LAST SLIDE HERE ARE OUR KEYS TO A SUCCESSFUL PROJECT IS WE WANTED TO MAKE SURE YOU HAVE DEFENSIBLE AND UP-TO-DATE MASTER PLANS TO BASE OUR CIP OFF OF.
ALSO, WANT TO MAKE SURE TO WORK CLOSELY WITH THE CITY MANAGER AND WITH YOU TO MAKE SURE WE HAVE YOUR SUPPORT AND UNDERSTAND WHAT'S GOING ON.
I WANT TO MAKE SURE THAT THE RELEVANT STAKEHOLDERS ARE INVOLVED SO WE CAN WORK WITH STAFF TO IDENTIFY WHAT BODIES THOSE ARE, WHO NEEDS TO BE IN THE ROOM TO BE INFORMED AND TO PROVIDE FEEDBACK.
ALSO WANT TO HAVE JUST A COLLECTIVE UNDERSTANDING OF THE PROJECT GOALS AND OBJECTIVES BY CITIZENS, DEVELOPERS, AND CITY STAFF.
ALSO, WE WILL PROVIDE GOOD AND UP-TO-DATE COMPARISON DATED TO HELP YOU MAKE GOOD DECISIONS.
THEY'LL BE BENEFICIAL TO YOUR COMMUNITY.
THAT'S THE LAST ONE. WITH THAT, ANY ADDITIONAL QUESTIONS?
>> BASED OF THIS, I'M ANTICIPATING THAT WE'RE GOING TO SEE A NEW PROGRESSIVE LOOKING LIST OF IMPACT FEES.
>> THE NEXT STEP IS BASICALLY UPDATING.
THAT'D BE KICKING OFF THE PROCESS AND GOING THROUGH EVERY ONE OF
[00:20:05]
THOSE EPSILON I WENT THROUGH AND YEAH, AS YOU SAID, NOW THAT WE HAVE MORE UP-TO-DATE MASTER PLANS FROM THE LAST TIME WE DID THIS WOULD BE PULLING MORE RECENT PROJECTS.PROBABLY MOST NAMELY AS THE TREATMENT OF WASTEWATER AND WATER TREATMENT PLANTS.
SINCE THOSE ARE GOING TO BE PROBABLY THE BIGGEST TICKET ITEMS ON THERE.
WE MAKING SURE PROJECTS SUCH AS THOSE ARE INCORPORATED.
>> HOW DO THE ROADWAY FEES WORK AS FAR AS BEING ABLE TO REDISTRIBUTE THAT INCOME WITHIN THE CITY, HOW IS IT ALLOCATED?
>> WHAT WE'LL DO IS WE'LL EVALUATE THE CITY LIMITS AND DETERMINE HOW MANY SERVICE AREAS COULD BE IN THE CITY LIMITS.
SOMETIMES IT'S JUST ONE, SOMETIMES IT'S TWO OR THREE.
THEN THAT CAN ALSO BE SOMETHING THAT WE WORK WITH STAFF ON.
YOU CAN HAVE SMALLER SERVICE AREAS IF YOU CHOOSE TO.
OF COURSE, THERE'S A BENEFIT IF YOU HAVE LARGER SURFACE AREAS THAT ANY MONEY COLLECTED IN THERE IS SPENT WITHIN THE SURFACE AREA.
IT'S JUST AS SIMPLE AS IF A DEVELOPMENT COMES IN A SERVICE AREA A, THEN THAT MONEY CAN ONLY BE SPENT WITHIN SERVICE AREA A, AND IT HAS TO BE SPENT WITHIN 10 YEARS OR IT NEEDS TO BE REFUNDED.
>> THOSE DOLLARS HAVE TO BE USED WITHIN THAT SURFACE AREA.
>> SERVICE AREA IS THE SIX MILE RADIUS.
>> FOR ROADWAY, FOR WATER AND WASTEWATER.
>> HOW MANY SURFACE AREAS DOES DENTIN HAVE FOR EXAMPLE?
>> DENTIN HAS FIVE SERVICE AREAS JUST AS AN EXAMPLE.
>> GAINESVILLE HAS TWO [OVERLAPPING] BECAUSE OF THE SIX MILES SPREAD OUT AS INDICATOR IS, YOU MIGHT WIND UP WITH TWO NORTH AND SOUTH SPLIT.
BUT AS PETE SAID, IS IF YOU WANT TO COME UP WITH POCKETS OR AREAS THAT YOU WANT TO TARGET, YOU CAN DELINEATE THE SERVICE AREAS AS YOU SEE FIT, AS LONG AS THEY DON'T VIOLATE.
>> SIX SQUARE MILES IS PRETTY BIG.
>> IT'S SIX MILES AS A CAR TRAVELS ALONG A ROADWAY.
>> THAT'S ONE COMMON INTERPRETATION WE'VE USED.
THE STATE LAW ACTUALLY DOESN'T DEFINE HOW THE SIX MILE SHOULD BE MEASURED.
>> ANY OTHER COMMENTS FROM COUNCIL?
>> ONE QUESTION. WHEN DO WE EXPECT THE SURVEY? WHEN DO WE EXPECT IT TO BE IN FRONT OF US TO ASK FOR IT TO BE DONE?
>> BASED ON THE PROXIMITY AND OTHER THINGS THAT WE HAVE IN THE HEAD OF THE LINE IN TERMS OF UPDATING THINGS.
WE'RE PROBABLY SAY 2-3 MONTHS OUT UNTIL WE SEE THE NEXT STEP IN TERMS OF SOMETHING PRESENTED FOR YOU TO TAKE ACTION ON.
BUT THERE'S A LOT OF THINGS GOING ON BEHIND THE SCENES.
FOR EXAMPLE, ANDREW AND HIS TEAM ALREADY HELPED US WITH WATER MODELING, WHICH IS THE FIRST STEP TO UPDATING OUR MASTER WATER PLANTS.
THERE'S A LOT OF THINGS GOING ON BEHIND THE SCENES.
WE'RE STILL PROBABLY, I WOULD SAY 2-3 MONTHS OUT FROM BRINGING YOU NEXT STEP WITH SOME ACTION ATTACHED TO IT.
I HOPE THAT ANSWERS YOUR QUESTION.
>> DO YOU GUYS HAVE ANYTHING ELSE TO PRESENT? SUSIE, DO WE HAVE ANYONE SIGNED UP TO HAVE COMMENT ON THIS PARTICULAR ITEM?
>> VERY GOOD. WELL, THANK YOU SO MUCH.
[2. CONSIDER FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DECATUR, TEXAS, TO REPEAL AND REPLACE THE SIGN ORDINANCE IN ITS ENTIRETY. ORDINANCE 2023-06-13]
CONSIDER FIRST READING OF AN ORDINANCE TO REPEAL AND REPLACE THE SIGNED ORDINANCE.>> THANK YOU. I'M PAM LISTON, YOUR CITY ATTORNEY.
THE PRESENTATION TONIGHT, THE POWERPOINT IS SHORT AND SWEET.
YOU ALL ARE VERY FAMILIAR WITH THIS SIGN ORDINANCE REWRITE.
WE HAVE HAD MANY MEETINGS AND I'M SO GRATEFUL.
I WANT TO SAY FOR THE PROCESS THAT YOU ALL HAVE ENGAGED TO REDO YOUR SIGN ORDINANCE.
THERE'S SOME THINGS THAT YOUR CITY MANAGER IS TRYING OUT AND THINGS ARE COMING TOGETHER VERY WELL.
BUT AS FAR AS HAVING MEETINGS WHERE YOU ALL ARE DIRECTLY ENGAGED AND GIVE INPUT, THAT IS ONE OF HIS GOALS AND IT'S WORKING GREAT.
YOU MAY REMEMBER THAT WE HAD A MEETING WITH YOU AND THE PLANNING AND ZONING COMMISSION TO GET INPUT ABOUT THE SIGN ORDINANCE AND THE REWRITE.
THEN WE'VE HAD SEVERAL MEETINGS WITH THE SIGN ORDINANCE SUBCOMMITTEE, EVEN ONE VERY RECENTLY, JUST TO FLESH OUT A FEW DETAILS BEFORE WE WERE READY TO PRESENT THIS TO YOU TONIGHT.
WHAT OUR FOCUS HAS BEEN IS TO REORGANIZE THE SIGN ORDINANCE TO MAKE IT MORE USER-FRIENDLY.
[00:25:03]
THAT WAS ONE OF OUR GOALS.ONE OF YOUR MAJOR GOALS WAS TO MAKE SURE THAT THE SIGN ORDINANCE WAS USER-FRIENDLY.
PEOPLE HAD AN EASIER TIME USING THE SIGN ORDINANCE.
WE HAVE CREATED NEW CATEGORIES AND REARRANGED SEVERAL PROVISIONS TO MAKE IT USER-FRIENDLY.
THE DEFINITIONS NOW INCLUDE PHOTOGRAPHS.
I AM THE PROUD PHOTOGRAPHER OF SOME OF THE SIGNS IN YOUR SIGN ORDINANCE.
WE HAVE CREATED ADMINISTRATIVE AUTHORITY TO DELEGATE TO THE PLANNING DIRECTOR TO APPROVE SIGNS THAT EXCEED MAXIMUM AREA OR HEIGHT BY NO MORE THAN 20%.
THAT IS GOING TO GIVE GREATER FLEXIBILITY FOR STAFF TO HANDLE THE QUESTIONS THAT COME IN AND THE DECISIONS THAT NEED TO BE MADE.
WALL SIGNS CALCULATED BY WALL AREA, NOT BUILDING SETBACK.
THEN SIGN SPECIFIC FOR DOWNTOWN DECATUR HAS A JEWEL OF A DOWNTOWN.
IT IS BEAUTIFUL, IT IS AMAZING, IT IS HISTORIC.
THE SIGN ORDINANCE IS TAKING ALL OF THAT INTO ACCOUNT.
WE'VE HAD A LOT OF INPUT FROM FRIDAH LASSITER ON THAT.
WE'VE READ THAT THAT DOWNTOWN TO CREATE AND TO CONTINUE THE VERY SPECIAL NATURE OF DOWNTOWN DECATUR. NEXT, PLEASE.
NEW SIGNS IN DOWNTOWN, AWNING SIGNS, CANTILEVERED SIGNS, GO SIGNS, MARQUEE SIGNS, MURALS, PAINTED WALL SIGNS, ROOF SIGNS, SHINGLES SIGNS, SIDEWALK SIGNS.
NEXT. ONE OF THE ISSUES THAT WE HAVE DISCUSSED QUITE A BIT IS WHAT TO DO WITH SIGNS THAT ARE NOT CONFORMING? WHAT DO WE DO? DECATUR DOES HAVE A LONG HISTORY.
IN MANY AREAS, THIS IDEA OF THINGS THAT EXIST THAT NEED TO BE TRANSITIONED, NOT JUST THE SIGN AREA, IN MANY AREAS, DECATUR IS FACING THIS IDEA OF TRANSITION AND HOW DO WE DO THAT FAIRLY AND IN THE RIGHT WAY JUDICIOUSLY TO MAKE THINGS AS THEY SHOULD BE AND ALSO HONOR THINGS AS THEY HAVE BEEN ESTABLISHED.
THE SIGN AREA IS NO DIFFERENT THAN THAT.
ANY SIGN THAT IS IN EXISTENCE IS A NON-CONFORMING SIGN.
YOU'RE ORDINANCE TAKES INTO ACCOUNT WHEN THOSE THINGS WILL AGE OUT.
YOU CAN MAINTAIN A NON-CONFORMING SIGN, BUT YOU CANNOT EXPAND IT, YOU CANNOT CHANGE IT, YOU CANNOT ALTER ITS STRUCTURE, FOR EXAMPLE.
THEN THAT IS HOW YOUR NON-CONFORMING SIGNS WILL END UP TRANSITIONING AND THE APPLICATION WILL BE UNIFORM.
NON-CONFORMING SIGNS CANNOT BE ALTERED, MOVED, OR RELOCATED BUT CAN HAVE MAINTENANCE PERFORMED.
IF A NON-CONFORMING SIGN IS DAMAGED BY MORE THAN 60% OF REPLACEMENT COST, THE SIGN CANNOT BE REPAIRED.
SIGNS THAT ARE DESIGNATED BY THE CITY COUNCIL AS HAVING SPECIAL HISTORIC OR ARCHITECTURAL SIGNIFICANCE ARE EXEMPT FROM NON-CONFORMING SIGN REGULATIONS.
THEN THE LAST SLIDE IS JUST A BIG THANK YOU TO END THE PRESENTATION.
YOU'VE HAD THE SIGN ORDINANCE BEFORE YOU HEAR TO REVIEW PRIOR TO TONIGHT, THIS IS THE FIRST READING.
IF THERE ARE THINGS THAT YOU WANT TO BE CHANGED OR YOU WANT RECONSIDERED.
YOU HAVE THE OPPORTUNITY TO DO THAT BEFORE THE SECOND READING.
IS THERE ANY QUESTIONS YOU HAVE FOR ME BEFORE I TURN IT BACK TO THE MAYOR?
>> WHAT ARE SOME EXAMPLES OF NON-CONFORMING SIGNS THAT WE HAVE CURRENTLY?
>> THAT'S TRUE. CHECK IN THE BOXES AND NON-CONFORMING SIGN.
THAT'S GOOD, COUNCIL MEMBER HILTON. THAT'S TRUE.
>> THERE WAS SOME DISCUSSION ABOUT LIKE THE JAMES WOOD'S TRASH CANS?
>> I'M NOT ON THAT SUBCOMMITTEE, SO COULD YOU WALK ME THROUGH THAT?
>> THAT'S ANOTHER EXAMPLE OF A NON-CONFORMING SIGNS.
I'VE LEARNED A LOT ABOUT SOME PRACTICES THAT HAVE BEEN IN PLACE AND CHARACTERISTICS ABOUT THE TOWN THROUGHOUT THE EVALUATION IN THIS PROCESS.
WHAT I LEARNED ABOUT THOSE TRASH CANS SIGNS IS THAT THAT ENTITY PLACED THEM THERE, MAINTAINS THEM, KEEPS THE PAINT LOOKING NICE ON THEM AND SO FORTH, AND THEN HAS THE SIGN ON THEM.
BUT WE WOULD EITHER HAVE TO CREATE A SITUATION WHERE ALL TYPES OF SIGNS LIKE THAT WOULD BE ALLOWED, THAT COULD LEAD TO A LOT OF CLUTTER OR JUST HAVE THOSE BE NONCONFORMING SIGNS THAT EXISTS NOW.
THEY HAVE EXISTED FOR A LONG TIME AND THEY WILL AGE OUT.
[00:30:01]
>> IF THEY GET DESTROYED OR SOMETHING, WOULD THEY HAVE TO GET ANOTHER? I'M TRYING TO THINK BECAUSE THEY WEREN'T PERMITTED, I'M I'M SURE.
THEY'RE THERE, SAME THING WITH INCHES, I'M ASSUMING AND STUFF LIKE THAT.
>> TORNADO COMES THROUGH AND DESTROYS A JAMES WOOD TRASH CAN.
THEY'RE NO LONGER NOW? THAT TRASH CAN WOULD BE NO LONGER?
>> ARE THERE IMPLICATIONS LIKE SO NOW, WHAT DO WE DO? I KNOW THIS ISN'T PART OF THE SIGN ORDINANCE, BUT NOW SO WHAT DO WE DO WITH THAT TRASH CAN OR THAT SPOT THAT IS SUPPOSED TO HAVE A TRASH CAN THERE THAT NOW NO LONGER HAS A TRASH CAN?
>> IT JUST HAS A CAN WITH NO SIGN ON IT.
WE GO BACK BEHIND THEM THEN PAVE.
>> NON-CONFORMING SIGN IS A BILLBOARD, CORRECT? TORNADO COMES IN AND TAKES A BILLBOARD OUT, IT CANNOT GO BACK UP.
>> LIKE ONE OF THE BILLBOARDS ON 287 THAT HAS OFF-PREMISE ADVERTISING.
THEY GET BLOWN DOWN. THEY WON'T GO BACK OUT.
>> THEY WILL NOT GO BACK UP. IF YOU'D LOOK STATEWIDE, THAT IS A COMMON PRACTICE STATEWIDE.
BECAUSE A MAJORITY OF THOSE WIND UP BEFORE A CERTAIN TIME.
>> WHEN THE STATE WAS PASSING ORDINANCES ON IT.
IT'S THREW THEM UP AT ONE TIME TO BE GRANDFATHERED IN.
TORNADO COMES THROUGH AND BLOWS THE SIGN DOWN.
SAY JAMES WOODS IS ADVERTISING ON ONE OF THOSE BILLBOARDS.
THE SIGN BLOWS DOWN, BUT THOSE SIGNS ARE REPLACEABLE, THEY REDO THEM.
WHAT WE'RE TALKING ABOUT THE POLES.
WHAT IF THEY DO PREVENTATIVE MAINTENANCE TO RESTORE THE POLLS?
>> [OVERLAPPING] ENGINEERING TO GET THINGS PUT BACK UP.
THERE'S NO WAY TO GET PERMANENT IN ENGINEERING TO REPLACE THAT, I BELIEVE IT SAYS UNLESS IT'S 60% OF THE COST.
>> THERE IS SOMETHING IN THERE THAT SAYS THERE'S A COST STRUCTURE.
>> AS LONG AS THEY REDO THE SIGN, LESS THAN 60% OF THE COST, THEY COULD REDO 50% OF THE SIGN RIGHT NOW, SO THAT'S LESS THAN 60.
>> IT HAVE TO BE PERMITTED AND ENGINEERED AND SAFE.
>> YEAH, THAT'S NOT GOING TO MEET THE STANDARD, TO HAVE IT HALFWAY DONE AND SAY, OH, I ONLY SPENT 50% AND IT'S NOT COMPLETE, IT'S NOT FINISHED.
IT'S NOT GOING TO MEET THIS STANDARD.
>> THERE'S A SMART PEOPLE OUT THERE THAT CAN FIGURE OUT HOW TO GET [OVERLAPPING].
>> BELIEVE ME, SIR. YES. I LOVE YOUR QUESTIONS.
I LOVE THE DISCUSSION BECAUSE THESE ARE THE TYPES OF THINGS, THE WHAT-IFS, AND THE TYPES OF DREAMING ABOUT HOW THINGS COULD APPLY THAT WE'VE BEEN DOING FOR QUITE SOME TIME NOW.
>> I'M HAPPY WITH WHAT YOU'VE DONE FOR THE MOST PART, BUT THOSE TRASH CANS WERE A BENEFIT FOR THE CITY.
A LOT OF THIS STUFF CAN BE A BENEFIT FOR THE CITY.
YOU NEED TRASH CANS EVERYWHERE, WE'LL DO IT, WE'LL PUT THESE SIGNS UP.
IS THERE LEEWAY IN OUR DEPARTMENT OR CAN THEY STILL GET A VARIANCE FROM US IN ORDER TO DO THAT? SAY THERE'S SOMETHING ELSE.
SAY SOMEBODY WANTS TO DONATE $50,000 FOR A NEW PARK AND PUT UP A SIGN THAT SAY JAMES WOODS WILL KEEP BRINGING THEM UP.
THEY WANT TO DONATE $50,000 FOR A NEW PARK, BUT THEY WANT THEIR SIGN OUTSIDE.
>> THEY WOULD HAVE TO MEET THE SIGN ORDINANCE.
>> WOULD THAT BE OFF-PREMISE ADVERTISING?
>> SO THEY COULDN'T DO THAT. WE COULDN'T ACCEPT THAT MONEY?
>> WELL, SO FOR EXAMPLE, LET ME LET ME SAY THAT I CERTAINLY I'M NOT GOING TO BE ABLE TO ANSWER ALL OF THE POSSIBLE WHAT-IFS AND MAYBE HOW THINGS COULD BE NAVIGATED THIS WAY OR THAT WAY TO CREATE TO END WITH A CERTAIN GOAL.
BUT I LOVED WHAT NATES IN ONE OF OUR DISCUSSIONS, HIS IDEA, I LOVE THE WAY THAT HE WAS THINKING ABOUT THIS BECAUSE HE SAID, WELL, WHAT WE CAN DO IT THAT SITUATION THEN IS HONOR THEM IN ANOTHER WAY.
FOR EXAMPLE, SOME SORT OF A PLAQUE AT CITY HALL, FOR EXAMPLE, OR SOMETHING LIKE THAT COULD BE DONE WHERE WE WOULD BE SUBSTITUTING IN A WAY THAT KEPT YOUR COMMUNITY AESTHETICALLY PLEASING AND WITHIN THE GUIDELINES THAT YOU ALL WANT THEM TO BE.
>> I AGREE THAT WE NEED STANDARDS AND WE NEED ALL THIS.
BUT MY I GUESS MY QUESTION WOULD BE, IF THEY WANTED THAT SCENARIO THAT I BROUGHT UP EARLIER, COULD WE GIVE IT TO THEM IN A VARIANCE FORM?
[00:35:03]
I DON'T WANT A PIGEONHOLE OURSELVES WHERE WE HAVE NO LEEWAY, IF WE NEED SOMETHING DONE AND SOMEBODY WANTS TO DO IT, WE DON'T HAVE ROOM TO NEGOTIATE.>> WELL, I THINK I HEAR WHAT YOU'RE SAYING, BUT I ALSO THINK THERE MAY BE TWO DIFFERENT THINGS GOING ON HERE.
ONE TO THE EARLIER POINT ABOUT THE RECOGNITION.
THERE COULD BE A SEPARATE TYPE OF WAY OF DOING A RECOGNITION OUTSIDE OF THE DONATION OR PART OF THE DONATION.
WHEREAS IT'S NOT NECESSARILY TO BE MARKETING ITEM.
>> SAY WE GET TO THE POINT WHERE WE HAVE A NEW BALL FIELDS.
I KNOW OUR PARKS DEPARTMENT HAS BEEN LOOKING AT THAT.
AND SAY JAMES WOODS IS WILLING TO DO THE SCOREBOARDS WITH ADVERTISING ON THEM, WOULD THAT BE ACCEPTABLE? BECAUSE THAT'S A COMMON PRACTICE.
>> IT'S A COMMON PRACTICE AND YOU'VE GOT A SCOREBOARD EXEMPTIONS IN YOUR ORDINANCE, FOR EXAMPLE.
>> YOU DON'T HAVE A CASE BEFORE YOU THAT YOU'RE CONSIDERING.
WE'RE NOT ADVISING ON A SPECIFIC THING TONIGHT, A CERTAIN APPLICATION.
THE CITY COUNCIL HAS ULTIMATE AUTHORITY OVER ALL OF THESE MATTERS.
YOU HAVE DELEGATED IN SOME WAYS TO STAFF WHAT WILL HELP MAKE, YOU ARE HAVING A LOT OF VARIANTS COME BEFORE YOU.
THAT WAS ONE OF THE THINGS THAT YOU HAD ASKED US TO ADDRESS.
WE HAVE DONE THAT WITHOUT REMOVING YOUR POWER.
IN FACT, IT IS NOT EVEN POSSIBLE TO REMOVE YOUR POWER.
YOU ARE THE GOVERNING BODY OF THE CITY OF DECATUR.
THERE IS TIME STILL FOR YOU TO REVIEW AND THINK THROUGH.
IF THERE ARE CONTINUED EVOLUTIONS THAT YOU WANT TO MAKE, WE CAN MAKE THOSE BEFORE YOU APPROVE THE SIGN ORDINANCE.
>> I UNDERSTAND WHAT YOU'RE SAYING AND I AGREE, MOSTLY, BUT THERE ARE TIMES THAT WE RIDE ORDINANCES THAT DOES LIMIT US FROM GRANTING VARIANCES.
>> BUT YOU ARE STILL THE ONE THAT MADE THE LAW AND YOU CAN CHANGE THE LAW.
YOU'RE NOT STUCK WITH ANYTHING EVER BECAUSE YOU CAN CHANGE IT.
YOU'RE THE ONES THAT MAKE THE LAW.
>> BUT ON AN ORDINANCE, YOU CAN'T GIVE A VARIANCE TO AN ORDINANCE, YOU'D HAVE TO ACTUALLY CHANGE.
>> I THINK BECAUSE OF THE WAY THE SIGN ORDINANCE IS DONE, YOU'RE REQUIRED TO PUT IT IN THAT BECAUSE IT'S NOT A PLANT.
THE VARIANCES FROM WHAT BEING ON P AND Z ARE TOTALLY DIFFERENT THAN WHAT WE'RE LOOKING AT HERE.
IT'S LIKE WE CAN'T GIVE A VARIANCE OF 30 MILE AN HOUR SPEED LIMIT.
WE CAN CHANGE THE ORDINANCE AND SAY EVERYTHING'S 20, BUT WE HAVE TO THEN CREATE A NEW LAW THAT THEY GO BY, THAT EVERYBODY FEELS THAT.
I GET WHERE YOU'RE COMING FROM WITH THE JAMES WOODS, BUT IT'S ALSO THE JAMES WOODS MEMORIAL PARK.
IT'S NOT JAMES WOODS AUTOPLEX.
>> THE NAMING RIGHT IS DIFFERENT THAN A MARKETING OPPORTUNITY.
>> BUT I MEAN, THAT WAS JUST AN EXAMPLE, BUT WHAT ABOUT OUTFIELD SIGNS THAT YOU CAN SEE FROM THE STREET.
>> THERE'S STUFF IN THERE ABOUT FOR BALLPARKS AND THERE [OVERLAPPING].
>> OKAY. MEAN, I HAVEN'T READ THROUGH THE WHOLE SIGN ORDINANCE, SO THAT'S WHY I'M ASKING THESE QUESTIONS TO MAKE SURE WE GOT THEM IN THERE.
>> I WANT TO ALSO ENCOURAGE YOU WHEN YOU DO READ THROUGH IT BETWEEN NOW AND THE NEXT MEETING, WHEN YOU PASS IT, GIVE ME A CALL IF THERE ARE THINGS THAT ARE LEFT TO BE DISCUSSED, PLEASE CALL ME.
>> VERY GOOD. ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL? THANK YOU SO MUCH.
>> SUSIE, DO WE HAVE ANYBODY THAT SIGNED UP FOR PUBLIC INPUT ON THIS ITEM?
>> YES, SIR. WE HAVE MR. STEVE RIEGER WHO WANTS TO SPEAK.
>> MR RIEGER, IF YOU WOULD, WHEN YOU GET UP TO THE PODIUM, JUST MAKE AN ANNOUNCEMENT OF WHO YOU ARE AND WHERE YOU'RE FROM, PLEASE.
DO YOU NEED MY ADDRESS OR ANYTHING OR?
>> JUST WHERE YOU LIVE WOULD BE FINE.
>> PLANO, TEXAS. I HAPPENED TO BE IN OKLAHOMA THIS MORNING AND I DROVE HERE FOR FOUR HOURS TO MAKE SURE I GET TO THIS MEETING.
>> HOPEFULLY, I CAN CLEAR UP A LOT OF THE ISSUES HERE.
THE REASON I CAME HERE KNOWING THE NEW SIGN ORDINANCE IS THERE'S A LOT
[00:40:04]
OF THINGS IN HERE AND I UNDERSTAND YOU GUYS HAD WORKSHOPS OR MEETINGS BEFORE, BUT EVEN TODAY, SOME OF THE INFORMATION THAT YOUR QUESTION IS, THAT YOU'RE NOT GETTING THE RIGHT QUESTIONS, ESPECIALLY ON THE NON-CONFORMING EVERYTHING.A LITTLE BIT OF MY BACKGROUND, I'VE BEEN IN THE SIGN INDUSTRY FOR 55 YEARS.
I'VE WORKED IN EVERY CITY, COUNTY, AND STATE-CITY, WORKING ON SIGN AD HOC COMMITTEES, SIGN ORDINANCES, CORPORATIONS.
I'M AN EXPERT WITNESS NATIONALLY AND INTERNATIONALLY, I WORKED FOR THE FEDERAL GOVERNMENT AS AN EXPERT WITNESS AND SIGNAGE COMBINATIONS AS WELL AS BEAUTIFICATION ACT.
ANYWAY, I KNOW I ONLY HAVE THREE MINUTES TO GO OVER IMAGE DETAIL.
I'M HERE ON BEHALF OF THE CITY, NOT FROM ONE, NOBODY INVITED ME OR CORPORATION.
THIS IS PUBLIC. I CAME DOWN IN HERE, I AM SEMI-RETIRED NOW.
I SEE THE PROBLEMS THAT THE CITIES GET THEMSELVES INTO BECAUSE THEY'RE NOT GETTING THE RIGHT INFORMATION.
THEY'RE GETTING NOW, FOR EXAMPLE, THE NON-CONFORMING, I'LL ADDRESS THAT REAL QUICK.
A NON-CONFORMING SIGN IS LAWFULLY DONE WHEN IT WAS ORIGINALLY PERMITTED IN THE CITY.
IF YOU HAVE A BUSINESS, A GENTLEMAN HAS SPENT $30,000 OR $50,000 ON A SIGN AND HE HAD A HURRICANE OR WHATEVER, OR SOMEBODY KNOCKED IT DOWN AND BLEW IT DOWN FOR WHATEVER REASON, OR MAYBE WHOEVER INSTALLED IT, DIDN'T INSTALL IT RIGHT, HE HAS A RIGHT TO PUT THAT BACK UP REGARDLESS.
BECAUSE HE HAS WHAT THE CITY WOULD COME OUT AND THEY WOULD GIVE THEM A VIOLATION OR NOT A VIOLATION, THEY WILL GIVE THEM A NOTICE THAT THEY NEED TO HAVE SO MUCH AS 30 DAYS TO REPAIR ON YOUR REGULAR BUILDING STATUTES OF ANYTHING.
THAT FALLS RIGHT INTO THAT AREA.
BUT THERE'S A LOT OF THINGS IN HERE, ESPECIALLY THE FIRST AMENDMENT.
THERE'S THINGS IN HERE THAT YOU GUYS ARE OUTLAWING, THAT YOU'RE AGAINST THE FIRST AMENDMENT IN WHICH COVERS ALL MEDIUMS. THESE ARE THINGS THAT NEED TO BE ADDRESSED BEFORE YOU START PASSING ANYTHING.
NOT ONLY THAT, THERE'S SOME OTHER DEFINITIONS THAT AREN'T CORRECT IN THROUGH HERE.
WHAT I SEE IN HERE IN THIS ORDINANCE, IS IT WAS PIGGYBACKED OFF FROM ANOTHER CITY.
WHY YOU HAVE ANOTHER CITY'S PROBLEM, BRING IT IN TO INCORPORATE IT IN YOUR CITY? I UNDERSTAND YOU'VE HAD SOME MEETINGS AND HAVE HAD SOME ISSUES, BUT YOU'D HAVEN'T HAD ANY.
WHAT YOU NEED TO DO IS CREATE A SIGN AD HOC COMMITTEE WHERE YOU HAVE SOME RESIDENTS, YOU HAVE SOME BUSINESSES, YOU HAVE THE CITY THERE, AND ALSO YOU HAVE THE INDUSTRY.
THE INDUSTRY HAS CHANGED QUITE A BIT.
THERE'S A LOT INVOLVED IN HERE, WHICH YOU GUYS SHOULD BE AWARE OF.
TEN YEARS FROM NOW, NEW COUNCIL IS GOING TO SAY, WELL, WHY DIDN'T SOMEBODY DO SOMETHING BACK THEN? WHY DO WE HAVE TO WAIT NOW? THIS IS WHY YOU PEOPLE ARE HERE ELECTED AND IN THIS POSITION IS BECAUSE OF THESE SITUATIONS.
YOU DON'T WANT THESE THINGS TO OCCUR.
I'M WILLING TO GIVE MY HELP, DO WHATEVER I CAN.
LIKE I SAID, NOBODY CALLED ME FROM A CORPORATION OR A SIGN COMPANY OR ANYBODY.
BUT I HAVE EXPERIENCE IN DETAIL IN OUTDOOR ADVERTISING ALSO, IN THE SIGNAGE ADA, AMERICAN DISABILITY ACT, AND ALL SIGNAGE.
THAT NEEDS TO BE INCORPORATED.
ANYWAY, DO YOU HAVE ANY QUESTIONS? BUT I KNOW IT'S GOING TO TAKE MORE THAN THREE MINUTES I'M SURE TO ANSWER A LOT OF THESE THINGS AND AN ISSUE.
BUT IF YOU THINK ABOUT IT, IF A BUSINESS HAS A SIGN, IT BLEW DOWN, HE HAS EVERY RIGHT TO PUT IT BACK UP.
WHETHER TO ALTER IT, HE'S GOT TO PUT IT BACK TO THE SAME WAY.
IT'S THE SAME THING AS ANY STATE OR FEDERAL BEAUTIFICATION ACT.
>> THANK YOU FOR YOUR COMMENTS.
NO. ANYONE ELSE SIGN UP FOR PUBLIC COMMENTS? THANK YOU, SIR.
WE WILL GIVE YOU A MOMENT, SIR, PLEASE.
THANK YOU. JUST GO AHEAD AND STATE YOUR NAME AND WHERE YOU'RE FROM FOR THE MEETING, PLEASE.
>> THERE WE GO. MY NAME IS BRIAN BROWN AND I LIVE HERE IN DECATUR, TEXAS.
I APPRECIATE YOU-ALL HAVING ME TONIGHT AND I JUST WANTED TO SAY IT AS A CITIZEN HERE, I BELIEVE A SIGN ORDINANCE CHANGE IS NEEDED AND I'M GLAD WE'RE HERE.
[00:45:03]
BUT I THINK THE ONE THAT'S BEING PRESENTED TONIGHT, IT DOESN'T MAKE MESSAGE BOARDS ALLOWED IN THE CITY.I THINK AN ORDINANCE COULD BE PASSED, AT LEAST TO MAKE A PATHWAY FOR VARIANCE TO BE SOUGHT LIKE JAKE WAS SAYING HERE.
THESE BOARDS COULD BE ZONED OR A PLAN COULD BE IN PLACE TO BETTER ACCOMMODATE SIGNS LIKE THIS.
A CONCERNING COMMENT WAS MADE AT THE LAST MEETING I WAS AT SEEKING A VARIANCE AND THEY SAID THAT THIS IS WHAT THE BOARD WANTS AND THIS IS HOW WE'VE DONE IT BEFORE.
MY QUESTION IS, DOES THIS PERSON SPEAK FOR THE ENTIRE BOARD? BEFORE YOU VOTE ON THIS, I WOULD SAY THAT I WOULD ASK YOU TO VOTE WITH YOUR INDIVIDUALISM AND THAT'S WHY WE VOTED YOU IN, TO BE A VOICE FOR THE PEOPLE AND TO BE YOUR OWN VOICE.
THE PEOPLE THAT MADE THE GREATEST DIFFERENCE IN THIS WORLD WERE THE ONES THAT DIDN'T GO WITH THE STATUS QUO.
GEORGE WASHINGTON TO DR MARTIN LUTHER KING, TO ESTHER.
THESE CRUSADERS DIDN'T DO IT LIKE EVERYONE SAID THEY SHOULD.
I ASK AS YOU VOTE, DON'T JUST VOTE TO GO ALONG WITH YOUR COLLEAGUES BECAUSE IT'S THE EASY THING TO DO.
IF YOU DON'T HAVE AN ISSUE WITH THIS MATTER AND DON'T MIND PEOPLE HAVING THEM, I ASK THAT YOU DO NOT APPROVE THIS SIGN ORDINANCE AS IS.
LET'S GET BACK TO THE TABLE AND FIND A WAY FOR THE PEOPLE OF DECATUR HERE TO WIN TOO. THANK YOU.
>> THANK YOU, SIR. SUZANNE, ANYBODY ELSE?
[3. CONSIDER AND TAKE APPROPRIATE ACTION ON AN INTERLOCAL AGREEMENT WITH THE CITY OF PARADISE FOR CODE ENFORCEMENT SERVICES.]
CONSIDER AND TAKE APPROPRIATE ACTION ON AN INTER LOCAL AGREEMENT WITH THE CITY OF PARADISE FOR CODE ENFORCEMENT SERVICES.>> MAYOR AND COUNCIL, I THINK WAYNE IS MAKING HIS WAY UP TO THE PODIUM.
BUT YOU'VE SEEN THIS BEFORE IN CONCEPT AND WE'RE BRINGING IT FOR APPROVAL TONIGHT. WAYNE.
>> GOOD EVENING COUNCIL. A FEW WEEKS AGO, I BROUGHT BEFORE YOU AN INTERLOCAL AGREEMENT TO ASSIST THE CITY OF PARADISE WITH SOME CODE ENFORCEMENT ISSUES THAT THEY'RE HAVING OVER THERE.
IT'S GOING TO BE A MINIMAL IMPACT ON WHAT WE HAVE AS OUR PROGRAM HERE.
UP TO ONE DAY PER WEEK IS THE MOST THAT WE WOULD SPEND OVER THERE.
BUT TO HELP THEM GET THEIR CODE ENFORCEMENT PROGRAM UP AND STARTED, AND HOPEFULLY AS THEY MOVE THROUGH THIS AND ARE ABLE TO FIND SOMEBODY TO TAKE IT OVER ON THEIR OWN.
BUT WE WOULD ASSIST IN THE MEANTIME WITH THAT.
>> THANK YOU, SIR. ANY QUESTIONS OR COMMENTS?
>> I THINK THIS WILL NOT HINDER US IN ANY WAY, I'M ASSUMING.
>> NO. WE WILL WATCH OVER OUR PROGRAM HERE.
WE CAN MAINTAIN WHAT WE HAVE AND ASSIST THEM WITH GETTING THEIR PROGRAM STARTED.
WE DON'T KNOW HOW LONG OF A TIME IT'LL TAKE THEM TO GET A GOOD PROGRAM STARTED ON THEIR SIDE.
BUT WE ARE GOING TO ASSIST IN THAT IN THE MEANTIME.
>> WHAT REIMBURSEMENT ARE WE RECEIVING ON THIS?
>> THEY'RE PAYING FOR AN HOURLY RATE FOR THE CODE ENFORCEMENT OFFICER TO BE THERE, ALONG WITH THE GOVERNMENT RATE MILEAGE FOR VEHICLES.
THERE'S ALSO SOME ADDITIONAL FUNDING IN THERE TO ASSIST WITH TRAINING THAT CAN HELP SEND THEM TO CLASSES FOR ADDITIONAL TRAINING ON CODE ENFORCEMENT.
THEN ANY EXPENSES THAT ARE INCURRED WITH THIS AS FAR AS RESEARCH, NOTIFICATIONS, PROSECUTIONS, OR ANYTHING LIKE THAT, ALL FALLS TO THE CITY OF PARADISE.
>> WHAT HAPPENS IF THE CODE ENFORCEMENT OFFICER GOES OUT ON A SITE AND IS INJURED? IS PARADISE PICKING UP THE FEES OR IS THE CITY OF DECATUR BECAUSE HE'S TECHNICALLY A CITY OF DECATUR EMPLOYEE WHO WILL BE COVERING THE COST OF THAT?
>> THAT ONE HAS NOT BEEN COVERED YET.
IT MAY BE SOMETHING THAT WE NEED TO LOOK AT.
>> BECAUSE THAT COULD BE DETRIMENTAL.
>> I GUESS LEGAL COULD ASSIST IN THAT.
TYPICALLY, YOUR AGREEMENT OR CONTRACT WOULD HAVE THE STIPULATION OF WHO HAS OVERSIGHT OF WORKER'S COMPENSATION, AND THEN EVEN A TERM CLAUSE.
IT MAY BE SOMETHING WE NEED TO LOOK AT WITH THAT.
>> BROTHER SMITH, IS PARADISE GOING TO GROOM AN EMPLOYEE TO EVENTUALLY REPLACE US OR IS THAT SOMETHING THAT?
>> I'M NOT SURE. THEY HAVE LOOKED AT THIRD PARTY, I KNOW THAT.
BUT THEIR FUNDING IS NOT THERE AT THIS POINT TO BE ABLE TO COVER THAT EXPENSE.
WHETHER THEY GO THIRD PARTY OR THEY BRING SOMEBODY UP FROM WITHIN TO DO THAT, I'M NOT SURE WHAT THEIR PLAN IS ON THAT.
>> BUT WE CAN TAKE THIS BACK AND MODIFY THE ALLEY IF WE NEED TO.
>> MAYOR, IF I MAY ASK MS HILTON? THE EMPLOYEE WOULD BE AN EMPLOYEE OF THE CITY OF DECATUR.
[00:50:03]
IT'D BE THE SAME AS IF A POLICE OFFICER OR A FIREFIGHTER WENT MUTUAL AID TO ANOTHER AGENCY AND THEY WERE INJURED IN THE LINE OF DUTY, WE WOULD BE TAKING CARE OF THAT EMPLOYEE INJURED ON BEHALF OF THE CITY IN THE AGREEMENT THAT WAS EXISTING BETWEEN TWO CITIES.>> DOESN'T THAT ACTUALLY MAKE THEM A SUBCONTRACTOR AT THIS POINT BECAUSE THEY'RE NOW ACTUALLY GETTING PAID BY PARADISE.
WE'RE GETTING REIMBURSED FOR THEIR SERVICES.
THAT MEANS THAT IF THEY ARE TECHNICALLY INJURED THERE, THAT GOES AGAINST OUR INSURANCE RATES HERE.
IF IT'S A HORRENDOUS INJURY, THAT COULD BE A HUGE IMPACT TO YOUR INSURANCE POLICY.
>> I WAS JUST TRYING TO GO THROUGH THAT CONCEPT OF WHAT YOU WERE JUST TALKING ABOUT WITH OUR OTHER INNER LOCAL AGREEMENTS LIKE FIRE FOR THE COUNTY AND HOW THIS ONE FEELS A LITTLE DIFFERENT.
BUT ANYWAY, THAT'S AN INTERESTING POINT.
ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL?
>> DOES IT CONCERN YOU AT ALL, WHAT SULTAN'S BROUGHT UP?
>> WELL, I WAS CONSULTING WITH NATE BEFORE HE SPOKE UP.
>> DO YOU KNOW OTHER CITIES THAT DO THIS?
>> DO THEY HAVE ANY CLAUSES IN THEIR CONTRACTS ABOUT THIS?
>> NOT THAT I'M AWARE OF, BUT CERTAINLY YOU GUYS COULD JUST POSTPONE IT TO NEXT MEETING AND WE COULD LOOK AT THAT.
>> WAYNE, WOULD THAT AFFECT YOU IF WE DID POSTPONE IT TO LOOK?
>> IT DOES NOT. PARADISE IS WANTING.
>> IT'S PARADISE THAT GETS AFFECTED.
>> DARLENE BRINGS UP A REALLY GOOD POINT.
I HATE TO DELAY IT BECAUSE I THINK IT OVERALL IS A GREAT IDEA TO GIVE US SOME FUNDING FOR TRAINING AND ALSO OFFSET SOME COSTS.
>> I THINK THE INTERESTING PART IS THE EMPLOYEE WITHIN OUR OTHER AGREEMENTS TO THE POINT THAT THEY'RE STILL EMPLOYED BY THE CITY OF DECATUR, ACTING ON BEHALF OF THE CITY OF DECATUR FOR AN AGREEMENT THIS FEELS A LITTLE MORE DIRECTED POTENTIALLY BY THE CITY OF PARADISE WHERE IT COULD CHANGE WHAT WOULD BE IDENTIFIED AS THAT EMPLOYEE-EMPLOYER RELATIONSHIP ESSENTIALLY.
THAT MAKES IT MORE INTERESTING ON THE WORK COMP SIDE.
>> ESPECIALLY WITH IT BEING CODE ENFORCEMENT YOU DON'T ALWAYS KNOW HOW A CITIZEN IS GOING TO REACT.
>> ANYWAY. THE OTHER THING THAT MIGHT IMPACT THIS AND DELAY IT FURTHER, IS IT WOULD HAVE TO GO BACK BEFORE PARADISE'S COUNSEL FOR THEM TO APPROVE ANY CHANGE.
>> WE'D HAVE TO SEE WHERE IT LANDS WITH THEIR COUNSEL.
>> WELL, WHAT I WOULD RECOMMEND FOR COUNSEL, I'LL JUST MAKE THIS POINT THAT IF WE DON'T TAKE ANY ACTION, THAT MEANS THAT THIS WOULD JUST BE REMOVED FROM THE AGENDA WITHOUT AN ACTION AND WE WOULD JUST WAIT FOR IT TO COME BACK.
IT ISN'T LIKE YOU HAVE TO MAKE A MOTION FOR THIS.
>> WE WILL HAVE AN AGENDA ONCE WE GET IT TAKEN CARE OF.
>> I'M JUST TRYING TO GO THROUGH IN MY MIND IF WE SUBCONTRACT TO SAY SAFE BILL, THEY CARRY THEIR OWN INSURANCE FOR THEIR EMPLOYEES.
>> IF THEY GET HURT ON OUR LOCATION, THEN THAT'S ON THEM.
>> OUR INSURANCE COVER THEM COMPLETELY.
>> I'M TRYING TO THINK PARADISE WOULDN'T COVER OUR EMPLOYEE FOR GOING OVER THERE.
>> I DON'T KNOW HOW THAT WOULD IMPACT.
>> MAYBE THAT'S WHY OUR SAFE BILL IS SO EXPENSIVE.
>> BUT YES, THEY DO COVER ALL OF THEIR OWN AND OF COURSE, THEY CARRY ARIZONA MISSIONS INSURANCE AND ALL THOSE THINGS ALSO TOO.
>> WHEN SILLY QUESTION HAS A DISCUSSION WITH PARADISE CITY COUNCIL LIKE WITH A PR STANDPOINT HEY, IF YOU SEE A CITY OF DECATUR PICKUP TRUCK IN FRONT OF YOUR ESTABLISHMENT, WOULD THAT THROW THOSE CITIZENS OFF GUARD A LITTLE BIT? OR IS THERE SAY WE DECIDE TO GO ALONG WITH THIS, RESIDENTS OF PARADISE BE ON THE PRECIPICE OR BE ON THE LOOKOUT FOR THIS?
>> I THINK THAT'S A GOOD IDEA.
THERE SHOULD BE SOME NOTIFICATIONS TO THE CITY, THE CITIZENS OF PARADISE THAT DECATUR IS PROVIDING CODE ENFORCEMENT SERVICES.
>> WE SHOULD DO UNMARKED VEHICLES.
LAW ENFORCEMENT LOVES THAT. UNMARKED VEHICLES. YOU JUST ROLL UP.
>> ONE OTHER QUESTION ON ANOTHER AGREEMENT,
[00:55:01]
WE HAVE KNIGHT AND DELVIN, YOU MAY KNOW, OUR OFFICER THAT'S AT THE AIRPORT.IN MY MIND, THIS WOULD BE VERY SIMILAR IN A WAY EXCEPT THE AIRPORT DOESN'T PAY US, BUT WE'RE COVERING HIM THE ENTIRE TIME HE'S THERE.
IF SOMETHING HAPPENS TO HIM, IT'S ON US STILL, CORRECT? GOOD. I'D ASSUME THAT THERE'S REALLY PROBABLY ALMOST NO WAY AROUND IT NOT BEING ON US BECAUSE AT THE END OF THE DAY, THEY WILL NEVER BE AN EMPLOYEE TO THE CITY OF PARADISE FOR TML OR ANYONE LIKE THAT TO COVER THEM BECAUSE THEY'RE NOT COLLECTING TAXES, BUILDING INTO THMR, ANY OF THOSE THINGS.
>> I THINK IT JUST GOES DOWN TO PER THE AGREEMENT, THAT'S WHAT IT WOULD BE BUT MAYBE THERE IS A DIFFERENT WAY OF LOOKING AT HOW YOU WANT TO COME UP WITH A PLAN FOR THAT.
>> I WONDER IF THERE'S A SUPPLEMENTARY INSURANCE THAT'S AVAILABLE FOR THAT.
>> WELL, I DON'T KNOW. AGAIN, I'LL LOOK TO SEE WHAT THE COUNCIL WANTS TO DO ABOUT THIS ACTION ITEM.
BUT MY SUGGESTION WOULD BE IF WE DON'T TAKE ANY ACTION, THEN WE COULD JUST LOOK FOR IT TO COME BACK.
>> I'LL LISTEN FOR ANY MOTION.
HEARING NONE WE'LL MOVE ONTO ITEM 4.
[4. DISCUSS AND TAKE ACTION TO APPOINT THREE COUNCIL MEMBERS TO THE BUDGET COMMITTEE.]
DISCUSS AND TAKE APPROPRIATE ACTION FOR THREE COUNCIL MEMBERS TO THE BUDGET COMMITTEE.WE'RE AT THAT TIME OF YEAR AGAIN WHERE ONE THING I THINK IT'S BEEN REALLY GREAT IS THAT ALL OF US HAVE BEEN PART OF THE ONGOING WHAT'S AHEAD OF US FOR OUR OVERALL BUDGET THANK YOU, NATE, FOR BEING ABLE TO PROVIDE ALL THAT INFORMATION FOR US.
BUT WE DO HAVE HISTORICALLY HAVE HAD THREE INDIVIDUALS APPOINTED TO ASSIST TO COME BACK TO THE BOARD TO SAY THIS IS WHAT WE RECOMMEND FOR THE COUNCIL.
WE'RE GOING TO CONTINUE ON THAT DIRECTION. YES, MA'AM.
>> I'D LIKE TO BE PART OF THAT COMMITTEE, MAYOR.
>> ALL RIGHT. ANYONE ELSE WOULD LIKE TO BE PART OF THAT COMMITTEE?
>> I WOULD PULL MY NAME OUT OF THE HAT FOR THAT RUNNING.
>> WE'VE GOT TWO NAMES IN THE HAT RIGHT NOW.
>> I'VE WRITTEN THREE HOT CHECKS TODAY.
THAT WOULD BE VALUED AS AN ASSET.
>> YOU'RE A VALUED ASSET, ABSOLUTELY.
ARE YOU SAYING THAT YOU WANTED TO HAVE YOU AS MR. HAT? IS WHAT I'M GATHERING FROM THAT.
>> IF ANY OF OUR ESTEEMED COLLEAGUES RESPECTFULLY DECLINE.
>> WE'RE ALL PREPARED TO STEP UP.
WE'VE GOT TWO PEOPLE THAT HAVE SAID THAT THEY WANT TO PARTICIPATE.
>> [LAUGHTER] IT'S OKAY TO NOT BE ON THE COMMITTEE.
>> WELL, IN THE BYLAWS WE HAVE TO HAVE THREE.
>> THREE IS JUST A GREAT NUMBER TO HAVE FOR ANY COMMITTEE.
>> YOU HAVE TWO PEOPLE [OVERLAPPING] A THIRD PERSON HAS THE THIRD ALTERNATIVE.
>> IF I MAY SET YOUR MIND AT EASE COUNCIL, WE HAVE STREAMLINED THE BUDGET PROCESS THIS YEAR.
WE DID A GOAL-SETTING EXERCISE VIA WORKSHOP WITH COUNCIL WHEN WE WERE THERE.
>> FANTASTIC, I APPRECIATE THAT.
DO WE HAVE TO VOTE ON THAT OR WE'RE JUST GOOD TO GO?
>> I THINK YOU'RE JUST APPOINTING THEM WITH YOUR POWER AS THE MAYOR.
>> APPOINTED. THANK YOU SO MUCH, TEAM. AWESOME.
>> WAS THERE ANYONE THAT WANTED TO HAVE A PUBLIC COMMENT ON THAT? I GUESS I MISSED THAT ON THE INTER LOCAL AGREEMENT.
DID ANYONE SIGN UP FOR THAT SUZY? WE WILL BE GOING INTO OUR PUBLIC FORUM FOR ACTION ITEM 5.
[5. CP2023-03 CONSIDER FIRST READING OF THE ORDINANCE AND A PUBLIC HEARING GIVING ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON AN AMENDMENT TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP FOR AN APPROXIMATE 8.496 ACRES OF LAND LOCATED AT 700 DEER PARK ROAD FROM AN ESTATE LIVING LAND USE (EL) TO A COMPACT NEIGHBORHOOD LAND USE (CN). (COMPREHENSIVE PLAN AMENDMENT APPLICATION 2023-03—MR. ZHEENO ROSTAM, ON BEHALF OF PROPERTY OWNER DECATUR DEER RUN INVESTORS, LLC.) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 4-0, COMMISSIONERS WOODRUFF AND HICKS ABSENT.) ORDINANCE 2023-06-14]
WE WILL OPEN THAT UP AT 07:00 AND CONSIDER THE FIRST READING OF THE ORDINANCE IN PUBLIC HEARING FOR AN APPROXIMATE 8.496 ACRES OF LAND, CP2023-03.>> MAYOR, IF I HAVE YOUR PERMISSION TO GIVE THE PRESENTATION FROM HERE MY LEG IS BOTHERING ME.
>> THAT WOULD BE FINE. I THINK I CAN HEAR FINE AND PERFECT.
[01:00:02]
>> THIS IS MR. XENO ROSTOME'S REQUEST ON BEHALF OF DECATUR DEER RUN INVESTORS LLC.
>> THANK YOU. THEIR LLC TO AMEND THE COMPREHENSIVE PLAN IN FUTURE LAND USE MAP FROM A STATE LIVING LAND USE DESIGNATION TO A COMPACT NEIGHBORHOOD LAND USE DESIGNATION IS APPROXIMATELY 8.496 ACRES OF LAND, AND THE PROPERTY IS LOCATED WEST OF DEER PARK ROAD AND SOUTH OF WEST US HIGHWAY 380.
THE PROPERTY IS MORE COMMONLY REFERRED TO AS 700 DEER PARK ROAD, AND IT IS PART OF THE DEER PARK PLAN DEVELOPMENT.
THE PROPERTY CURRENTLY HAS A LAND USE DESIGNATION, AS I MENTIONED, OF A STATE LIVING.
HOWEVER, A MORE APPROPRIATE LAND USE DESIGNATION IS COMPACT NEIGHBORHOOD.
THIS IS BECAUSE OF THE PROPERTY'S LOCATION, BUT ALSO BECAUSE OF THE FUTURE USE FOR TOWNHOMES.
THERE'S A NEW DEVELOPER LOOKING TO DEVELOP THAT PROPERTY.
THE SURROUNDING LAND USES INCLUDE TO THE NORTH AND SOUTH ESTATE LIVING, TO THE EAST, COMMUNITY COMMERCIAL AND COMPACT NEIGHBORHOOD, AND THEN TO THE WEST, AGRICULTURAL AND RURAL LIVING.
AGAIN, THE APPLICANT IS REQUESTING TO CHANGE THE LAND USE FROM ESTATE LIVING TO COMPACT NEIGHBORHOOD FOR THE PURPOSE OF AMENDING THE DEER PARK PLAN DEVELOPMENT.
WE ALWAYS PROVIDE YOU WITH INFORMATION REGARDING THE COMPREHENSIVE PLAN, THE OBJECTIVES FOR COMPACT NEIGHBORHOOD.
THIS LAND USE DESIGNATION CAN SUPPORT A VARIETY OF HOUSING TYPES, PRIMARILY SINGLE-FAMILY DETACHED, PATIO HOMES, TOWNHOMES, AND DUPLEXES.
THE COMPACT NEIGHBORHOOD LAND USE IS CONSISTENT WITH THE UNDERLYING TOWNHOME RESIDENTIAL DEVELOPMENT THAT'S BEING PROPOSED.
BEFORE ANY DEVELOPMENT MAY OCCUR, THE APPLICANT WILL HAVE TO SUBMIT PLANNING AND BUILDING PERMIT APPLICATIONS.
THESE ARE THE MAPS WHAT'S EXISTING AND THEN WHAT'S PROPOSED.
AGAIN, THE UNDERLYING ZONING IS PLANNED DEVELOPMENT.
ALSO COMMERCIAL IS UNDERLYING FOR THIS PARTICULAR PHASE.
WE DID NOTIFY 14 PROPERTY OWNERS WITHIN 200 FEET.
WE DID NOT RECEIVE ANY NOTIFICATIONS IN FAVOR, AGAINST, OR NEUTRAL.
STAFF IS RECOMMENDING APPROVAL OF CP2023-03, AND THE PLANNING AND ZONING COMMISSION ALSO RECOMMENDED APPROVAL WITH COMMISSIONERS WOODRUFF AND HICKS ABSENT.
>> DOES COUNCIL HAVE ANY QUESTIONS ON THIS ITEM? DO WE HAVE ANYBODY FROM THE PUBLIC SIGN UP FOR COMMENT ON THIS?
>> THIS AS A FIRST READING, SO WE WILL CLOSE THAT ITEM FIVE AT 07:04 AND OPEN ITEM SIX AT 07:04.
[6. CP2023-04 CONSIDER FIRST READING OF THE ORDINANCE AND A PUBLIC HEARING GIVING ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON AN AMENDMENT TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP FOR AN APPROXIMATE 37.436 ACRES OF LAND LOCATED AT 1200 DEER PARK ROAD FROM AN ESTATE LIVING LAND USE (EL) TO COMPACT NEIGHBORHOOD (CN) AND ACTIVITY CENTER (AC) LAND USE DESIGNATIONS. (COMPREHENSIVE PLAN AMENDMENT APPLICATION 2023-04—MR. MARK DUNCUM, ON BEHALF OF PROPERTY OWNER DOUBLE CREEK CAPITAL, LTD.) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 4-0, COMMISSIONERS WOODRUFF AND HICKS ABSENT.) ORDINANCE 2023-06-15]
CONSIDER FIRST READING OF THE ORDINANCE OF A PUBLIC HEARING FOR AN APPROXIMATE 37.36 ACRES OF LAND, CP 2000 2304.>> THIS COMPREHENSIVE PLAN AMENDMENT IS MARKED DUNCUM'S REQUEST ON BEHALF OF DOUBLE CREEK CAPITAL LTD, TO AMEND THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP FROM ESTATE LIVING TO ACTIVITY CENTER AND COMPACT NEIGHBORHOOD LAND USE DESIGNATIONS.
THIS IS INSIDE THE SAME PLAN DEVELOPMENT.
IT'S FOR THE REMAINDER OF THE PROPERTY.
A PORTION OF IT IS ALREADY DEVELOPED FOR MULTIFAMILY, AND THEN THE SOUTHERN PORTION, THAT BIG TRAPEZOID PIECE IS PROPOSED FOR SINGLE-FAMILY DETACHED.
THE PROPERTY IS APPROXIMATELY 37.436 ACRES OF LAND.
THE PROPERTY IS MORE COMMONLY REFERRED TO AS THE DEER PARK PLAN DEVELOPMENT.
AGAIN, THE LAND USE DESIGNATION ON THE PROPERTY AS A STATE LIVING, HOWEVER, MORE APPROPRIATELY LAND USE DESIGNATION GIVEN WHAT'S CURRENTLY DEVELOPED THERE AND WHAT'S BEING PROPOSED IS FOR ACTIVITY CENTER AND COMPACT NEIGHBORHOOD.
THE ACTIVITY CENTER WOULD BE FOR THE MULTIFAMILY SIDE OF IT AND THEN THE COMPACT NEIGHBORHOOD WOULD BE FOR THE SINGLE-FAMILY DETACHED.
IN TERMS OF SURROUNDING LAND USES TO THE NORTH, THERE'S A STATE LIVING TO THE SOUTH,
[01:05:02]
THERE'S A STATE LIVING IN PROFESSIONAL SERVICES AND LIGHT INDUSTRIAL, TO THE EAST COMPACT NEIGHBORHOOD, ESTATE LIVING, PROFESSIONAL SERVICES AND LIGHT INDUSTRIAL, AND THEN TO THE WEST AGRICULTURAL AND RURAL LIVING.I'VE ALREADY GONE OVER THE COMPACT NEIGHBORHOOD LAND USE DESIGNATION.
AS FAR AS THE ACTIVITY CENTER LAND USE DESIGNATION, IT OFFERS THE ABILITY TO LIVE, WORK, AND PLAY IN ONE GEOGRAPHICALLY COMPACT AREA.
PRIMARILY, LAND USE INCLUDES RETAIL, COMMERCIAL, CONDOMINIUMS, APARTMENTS, OFFICES, HOTELS, ENTERTAINMENT CENTERS, SERVICE, AND OFFICE USES.
THE COMPACT NEIGHBORHOOD LAND USE IS CONSISTENT WITH THE UNDERLYING SF-2 SINGLE-FAMILY DETACHED RESIDENTIAL ZONING DESIGNATION, AND THE ACTIVITY CENTER LAND USE IS CONSISTENT WITH THE UNDERLYING MULTI-FAMILY RESIDENTIAL ZONING DESIGNATION FOR THE PLANNED DEVELOPMENT.
AGAIN, BEFORE ANY NEW DEVELOPMENT MAY OCCUR, THE APPLICANT WILL HAVE TO SUBMIT PLANNING AND BUILDING PERMIT APPLICATIONS.
ON THE LEFT IS WHAT'S EXISTING, ON THE RIGHT IS WHAT'S PROPOSED.
FOR ZONING THE UNDERLINING IS PLANNED DEVELOPMENT WITH SINGLE-FAMILY RESIDENTIAL AND MULTI-FAMILY.
WE DID 515 PROPERTY OWNERS WITHIN 200 FT. WE DID NOT RECEIVE ANY NOTIFICATIONS OR RESPONSES BACK.
STAFF IS RECOMMENDING APPROVAL OF CP 2023-04, AND THE PLANNING AND ZONING COMMISSION ALSO RECOMMEND APPROVAL FOR TO ZERO COMMISSIONERS WOODRUFF AND HICKS ABSENT.
>> THANK YOU. ANY QUESTIONS FROM COUNCIL? COMMENTS.
>> DEIRDRE, VERY EARLY IN THE PLANNING STAGES, ANY IDEA HOW MANY UNITS IN THIS PROPOSAL?
>> FOR MR. DUNCUM, HE HAS NOT REALLY GIVEN US AN INDICATION FOR THE TOWN HOME.
>> OTHER QUESTIONS OR COMMENTS? ANYBODY FROM THE PUBLIC SIGN UP FOR THIS ITEM?
WILL CLOSE ITEM SIX AT 07:08, WE'LL OPEN UP ITEM SEVEN AT 07:08,
[7. PD2023-02 CONSIDER FIRST READING OF THE ORDINANCE AND A PUBLIC HEARING GIVING ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON AN AMENDMENT TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP FOR AN APPROXIMATE 8.496 ACRES OF PROPERTY LOCATED AT 700 DEER PARK ROAD, WEST OF DEER PARK ROAD AND SOUTH OF WEST US HIGHWAY 380 BUSINESS, FROM THOROUGHFARE BUSINESS, C-2 TO TOWNHOUSE, TH TO ALLOW TOWNHOMES IN THE DEER PARK PLANNED DEVELOPMENT. (PLANNED DEVELOPMENT APPLICATION 2023-02— MR. ZHEENO ROSTAM, ON BEHALF OF PROPERTY OWNER DECATUR DEER RUN INVESTORS, LLC.) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 4-0, COMMISSIONERS WOODRUFF AND HICKS ABSENT.) ORDINANCE 2023-06-16]
CONSIDER FIRST READING OF AN ORDINANCE OF PUBLIC HEARING FOR APPROXIMATELY 8.496 ACRES OF PROPERTY, PD 2000-2302.>> AGAIN, THIS IS MR. ZANT RAPHTON ON BEHALF OF PROPERTY OWNER DECATUR INVESTORS LLC, WITH THE COMPREHENSIVE PLAN AMENDMENT, NOW THEY'RE PROPOSING TO AMEND THE PLANNED DEVELOPMENT, WHICH IS ALSO THE ZONING, THE UNDERLYING ZONING.
AS I PREVIOUSLY MENTIONED, THE UNDERLYING ZONING CURRENTLY IS COMMERCIAL C2.
THEY ARE NOW LOOKING TO CHANGE THAT ZONING TO TOWN HOMES, TH FOR THE UNDERLYING ZONING DESIGNATION.
THIS IS JUST A HISTORY OF WHEN THE PLANNED DEVELOPMENT WAS FIRST CREATED.
WITH ZC2005-01, IT HAS SUBSEQUENTLY BEEN AMENDED ON A NUMBER OF OCCASIONS AUGUST 28, 2006.
TO RESPOND TO THE CURRENT MARKET CONDITIONS, THEY CHANGED THE PHASING OF THE COMMERCIAL.
THEY MOVED IT TO THE THIRD PHASE IN THE SINGLE-FAMILY TO THE SECOND PHASE AND MULTI-FAMILY TO THE FIRST PHASE.
THEN IT WAS ALSO AMENDED IN 2019.
I DON'T KNOW IF THIS COUNCIL WAS ON THE COUNCIL AT THE TIME, BUT WE HAD A MAXIMUM SQUARE FOOTAGE FOOTPRINT FOR MULTI-FAMILY OF 6,000 SQUARE FEET, AND THEY NEEDED TO HAVE IT BE 12,000 SQUARE FEET.
THE APPLICANT IS ALSO REQUESTING A BASE DOWNING OF TOWN HOMES AS I MENTIONED.
THEY ARE INCLUDING THESE ADDITIONAL AMENITIES OF 40 FOOT RIGHT-OF-WAY WITH 28 FOOT WIDE STREET, 60 FOOT ENTRY RIGHT-OF-WAY WITH 36 FOOT BACK TO BACK.
THE APPLICANT WILL NEED TO WORK WITH MR. MARK DUNCUM FOR ACCESS AND EXTENSION OF TROPHY RIDGE DRIVE.
ONLY A SMALL PORTION OF THAT ROADWAY HAS BEEN DEDICATED TO THE CITY.
THERE'S THREE TYPES OF TOWN HOMES, RESIDENTIAL UNITS THAT THEY'RE PROPOSING.
THEY'RE WANTING TO PROVIDE A FENCE, THEN PLAYGROUND, A DOG PARK, A CLUBHOUSE WITH SWIMMING POOL, AND THEN A DO RUN HOMEOWNERS ASSOCIATION.
THE PROPOSED AMENDMENTS TO THE PLANNNED DEVELOPMENT ARE IN KEEPING WITH THE CITIES ADOPTED 2050 COMPREHENSIVE PLAN.
[01:10:04]
AGAIN, COMPACT NEIGHBORHOOD DOES SUPPORT TOWN HOMES.THIS IS THEIR PROPOSED CONCEPT PLAN.
THE EXISTING ONE, AS I MENTIONED BEFORE, WAS THE RETAIL.
NOW THEY'RE PROPOSING SINGLE-FAMILY RESIDENTIAL ATTACHED OR TOWN HOMES.
THEIR FLOOR PLAN FOR THE TOWN HOME.
THERE'S A TYPE B, THEN THERE'S A TYPE C. YOU WILL NOTICE THAT ONE OF THE TOWN HOME FLOOR PLANS DOES ONLY INCLUDE ONE CAR GARAGE.
IF THE COUNCIL WAS OKAY WITH THAT, WHICH STAFF DIDN'T HAVE ANY PROBLEMS WITH THEM PROPOSING THAT EVEN THOUGH OUR ORDINANCE DOES SAY YOU HAVE TO HAVE TWO OFF STREET PARKING SPACES.
WHEN YOU DO A PLANNED DEVELOPMENT, YOU CAN AMEND THAT REQUIREMENT.
YOU CAN IMAGINE ANY REQUIREMENT THAT YOU WANT, SO LONG AS THE CITY COUNCIL SUPPORTS IT AND APPROVES IT.
THIS IS THE SITE PLAN FOR THEIR GARAGES, AND THEN THIS IS A PROPOSED ELEVATION.
WE DIDN'T NOTIFY 14 PROPERTY OWNERS WITHIN 200 FEET.
WE DID NOT RECEIVE ANY NOTIFICATIONS OR RESPONSES BACK.
THE PROPOSED PD AMENDMENT IS CONSISTENT WITH THE DECADE OF 2050 COMPREHENSIVE PLAN.
STAFF IS RECOMMENDING APPROVAL OF PD 2023-02 THE PLANNING AND ZONING COMMISSION, ALSO RECOMMEND APPROVAL FOR THE ZERO COMMISSIONERS WOODRUFF AND HICKS ABSENT.
I WILL ALSO LET YOU KNOW WE'RE STILL WORKING WITH LEGAL ON THE ORDINANCE.
IT WAS A VERY CHALLENGING DOCUMENT AND SO THERE'S STILL HELPING US REFINE IT.
>> ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL? NO. THIS IS WHY WE'RE HERE.
>> DEIDRE, THE 28 FOOT ROAD. WHAT'S THE NORMAL?
I THINK 28 IS NORMAL BUT HE'S GOING TO HAVE TO SPEAK TO THAT.
>> IF THEY HAVE A 28 NORMAL AND IT'S A ONE CAR GARAGE, MOST HOUSEHOLDS HAVE TWO CARS MINIMUM.
WE'RE NOW GOING TO HAVE STREET PARKING.
>> UNLESS IT'S BANNED BY THEIR HOA.
>> NO, THEY'RE PRIVATE STREETS.
>> I HAVE A QUESTION. HOW MANY TOWNHOUSE DEVELOPMENTS DO WE HAVE NOW IT SEEMS LIKE WE MAY BE OVERLOADING OURSELVES WITH TOWNHOUSES ALL OF A SUDDEN.
>> WE HAVE A LOT OF PEOPLE TALKING ABOUT TOWN HOME DEVELOPMENTS, BUT WE'RE STILL NOT QUITE THERE YET.
>> IS THIS DETRIMENTAL TO US TO KEEP ADDING MORE TOWN HOME DEVELOPMENT WHEN WE'VE GOT SO MANY PEOPLE TALKING ABOUT IT?
>> I'M NOT SURE IT'S DETRIMENTAL.
WE DO HAVE A HOUSING SITUATION HERE INDICATOR.
I WOULDN'T SAY IT'S A CRISIS, BUT HOUSING IS DEFINITELY NEEDED AND AFFORDABLE HOUSING IS DEFINITELY NEEDED TOO.
THE MORE VARIETY THAT YOU HAVE, THE MORE OPPORTUNITIES YOU HAVE FOR FOLKS.
>> IT SEEMS LIKE THAT AREA IS GOING TO BE TOWN HOME CENTRAL.
>> WELL, SINCE THEY ARE STILL IN THE PLANNING PHASE, THEY WILL ONLY BUILD WATER COMMUNITY WE'LL SUSTAIN.
THEY WON'T BUILD THEM BECAUSE I DON T THINK THEY PLAN ON RENTING THEM WITH IT BEING AN HOA.
AT THE END OF THE DAY, THEY DON'T THINK THAT THEY CAN SELL.
>> I THINK THAT'S WHY THEY'RE ALL VYING TO GET IN FIRST.
>> ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL? ANYBODY ON PUBLIC FORUM FOR THIS ITEM.
WE WILL CLOSE ITEM 7 AT 7:15 AND OPEN ITEM 8 AT 7:15,
[8. SUP2023-01 CONSIDER FIRST READING OF THE ORDINANCE AND A PUBLIC HEARING GIVING ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON 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 THE SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR ON-PREMISES CONSUMPTION IN A C-1A, DECATUR SQUARE BUSINESS ZONING DISTRICT, ON APPROXIMATELY 0.055 ACRES OF LAND LOCATED AT 103 B W. MAIN STREET. (SPECIFIC USE PERMIT APPLICATION 2023-01—MR. CHRIS KELLY, ON BEHALF OF PROPERTY OWNER EZRA ZION, LLC.) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 4-0, COMMISSIONERS WOODRUFF AND HICKS ABSENT.) ORDINANCE 2023-06-17]
CONSIDER FIRST READING OF AN ORDINANCE ON PUBLIC HEARING ON AN AMENDMENT TO APPENDIX B, ZONING OF THE CODE OF ORDINANCE TO GRANT A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOL OR MIXED BEVERAGES FOR ON-PREMISES CONSUMPTION.[01:15:01]
>> MISDEMEANOR ON BEHALF OF IT'S NOT MOVING, IT'S SUSIE.
I'VE ALREADY FILLED OUT THE POSSIBILITY OF HAVING A POSSIBLE RELATIONSHIP WITH BROTHER CHRIS, SO I'M GOING TO STEP AWAY WHAT YOU GUYS ARE HAVING CONVERSATIONS.
>> AGENDA ITEM 8 IS SPECIFIC USE PERMIT APPLICATION 2023-01.
HOLD A PUBLIC HEARING, HEAR COMMENTS AND CONSIDER FIRST READING OF AN ORDINANCE REGARDING AN AMENDMENT TO APPENDIX B, ZONING OF THE CODE OF ORDINANCES.
THIS IS CHRIS KELLY'S REQUEST ON BEHALF OF EZRA ZION, LLC TO GRANT A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR ON-PREMISES CONSUMPTION IN A C1A, DECATUR SQUARE BUSINESS ZONING DISTRICT.
APPROXIMATELY 0.055 ACRES OF LAND BEING LEGALLY DESCRIBED AS PART OF LOT FOR BLOCK 1 IN THE ORIGINAL TOWN INDICATOR, THIS PROPERTY IS MORE COMMONLY REFERRED TO AS 103B WITH MAINSTREET.
I THINK IT'S STUCK. I'LL KEEP GOING.
ON MARCH 27TH, 2017, THE CITY COUNCIL APPROVED AMENDING APPENDIX B, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DECADES TEXAS, TO ALLOW THE SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR ON-PREMISES AND OFF-PREMISES CONSUMPTION IN CERTAIN ZONING DISTRICTS, AND THAT INCLUDED THE C1A DECATUR SQUARE BUSINESS ZONING DISTRICT WITH AN APPROVED SPECIFIC USE PERMIT.
STAFF IS NOT RECOMMENDING THAT ANY ADDITIONAL CONDITIONS BE IMPOSED FOR APPROVAL OF THE SUP.
THE LAND USE DESIGNATION ON THE PROPERTY IS DOWNTOWN, WHICH DOES SUGGEST THAT A MIXTURE OF LAND USES ARE APPROPRIATE.
THE DOWNTOWN AREA IS THE TRADITIONAL CORE OF A COMMUNITY AND THE CENTER OF ECONOMIC ENTERTAINMENT AND CIVIC ACTIVITY.
PRIMARY LAND USES INCLUDES RETAIL, COMMERCIAL, SINGLE-FAMILY RESIDENTIAL, TOWN HOMES, CONDOMINIUMS, ADAPTIVE REUSE OF SERVICE AND OFFICE USES, SECONDARY CIVIC AND INSTITUTIONAL USES, PARKS AND OPEN SPACE.
THIS IS THE EXISTING ZONING MAP.
THE EXISTING LANYARDS, DOWNTOWN.
THE YELLOW HIGHLIGHTED AREA IS THE LOCATION.
THIS IS THEIR PROPOSED FLOOR PLAN.
TWENTY PROPERTY OWNERS WITHIN 200 FEET WERE NOTIFIED.
WE RECEIVE ONE RESPONSE IN OPPOSITION, FIVE IN FAVOR, AND ONE WAS NEUTRAL TO THE REQUEST.
THE PROPOSED SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR ON-PREMISES CONSUMPTION AND THE SITE PLAN ARE IN SUBSTANTIAL COMPLIANCE WITH THE CRITERIA THAT'S OUTLINED IN THE ZONING ORDINANCE FOR GRANTING AND THE SUP.
WE'RE NOT RECOMMENDING ANY ADDITIONAL CONDITIONS BEING POSED.
STAFF IS RECOMMENDING APPROVAL OF SUP2023-01.
PLANNING AND ZONING COMMISSION ALSO RECOMMEND APPROVAL FOR ZERO.
COMMISSIONERS WOODRUFF AND HICKS, ABSENT.
>> ARE THERE ANY COMMENTS OR QUESTIONS FROM COUNCIL? ANYBODY ON THE PUBLIC HEARING FOR THIS ITEM? THIS IS OUR FIRST READING AND WE WILL CLOSE THIS AT 7:20 AND WE'LL OPEN UP ITEM 9 AT 7:20.
[9. SUP2023-02 CONSIDER FIRST READING OF THE ORDINANCE AND A PUBLIC HEARING GIVING ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON 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 A DETACHED ACCESSORY DWELLING IN A SF-2, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT, ON APPROXIMATELY 0.275 ACRES OF LAND LOCATED AT 107 E. HALLSELL STREET. (SPECIFIC USE PERMIT APPLICATION 2023- 02—MS. LORY RUIZ, ON BEHALF OF PROPERTY OWNER JEFFREY HARRISON) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 4-0, COMMISSIONERS WOODRUFF AND HICKS ABSENT.) ORDINANCE 2023-06-18]
CONSIDER FIRST READING OF THE ORDINANCE AND PUBLIC HEARING ON AMENDMENT TO APPENDIX B ZONING FOR THE ORDINANCE TO GRANT A SPECIFIC USE PERMIT TO ALLOW DETACHED ACCESSORY DWELLING IN A SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT, APPROXIMATE 0.275 ACRES, SUP2023-02.>> THIS IS LORI RUIZ'S REQUEST ON BEHALF OF JEFFREY HARRISON TO GRANT A SPECIFIC USE PERMIT TO ALLOW A DETACHED ACCESSORY DWELLING IN A SF-2,
[01:20:05]
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT.THE PROPERTY IS APPROXIMATELY 0.275 ACRES OF LAND, LEGALLY DESCRIBED AS LIGHT TO BLOCK 22 OF THE SOUTH DECATUR EDITION AND MORE COMMONLY REFERRED TO AS 107 EAST HUSTLE STREET.
ON MARCH 27TH, 2023, THE APPLICANT CONTACTED STAFF ON BEHALF OF THE PROPERTY OWNER REGARDING THE REQUIREMENTS TO REMODEL A DETACHED GARAGE IN A DETACHED ACCESSORY DWELLING IN A SINGLE-FAMILY TO RESIDENTIAL ZONING DISTRICT.
THE STRUCTURE FOR THE PROPOSED DETACHED ACCESSORY DWELLING HAS BEEN IN EXISTENCE SINCE 2002 PER THE WISE COUNTY APPRAISAL DISTRICT, AND THE SITE PLAN ISN'T SUBSTANTIAL COMPLIANCE WITH THE CRITERIA FOR GRANTING THE SUP.
AGAIN, THE EXISTING ZONING IS SF-2, EXISTING LAND USE.
THE PROPOSED SITE PLAN AND FLOOR PLAN HAVE BEEN PROVIDED.
WE DID NOTIFY 20 PROPERTY OWNERS WITHIN 200 FEET.
WE DID NOT RECEIVE ANY RESPONSES BACK.
STAFF IS RECOMMENDING THAT AN ADDITIONAL CONDITION BEING POSED FOR THE APPROVAL OF THE SUP AND THAT IS THE APPLICANT WILL HAVE TO SUBMIT FOR A BUILDING PERMIT TO CONVERT THE DETACHED GARAGE INTO AN ACCESSORY DWELLING UNIT.
STAFF IS RECOMMENDING APPROVAL OF SUP2023-02, AND THE PLANNING AND ZONING COMMISSION ALSO RECOMMEND APPROVAL 4-0.
COMMISSIONERS, WOODRUFF AND HICKS ABSENT.
>> ANY QUESTIONS, COMMENTS FROM COUNCIL? ANYBODY IN PUBLIC HEARING?
>> THAT WILL CLOSE THAT ITEM AT 7:22 AND WE'LL OPEN ITEM 10 AT 7:22,
[10. SUP2023-03 CONSIDER FIRST READING OF THE ORDINANCE AND A PUBLIC HEARING GIVING ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON 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 THE SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR OFF-PREMISES CONSUMPTION IN A C-1, RESTRICTED BUSINESS ZONING DISTRICT, ON APPROXIMATELY 0.55 ACRES OF LAND LOCATED AT 2806 S. FM 51. (SPECIFIC USE PERMIT APPLICATION 2023-03—MR. JOE MEAD, ON BEHALF OF PROPERTY OWNER GREAT ABODE INVESTMENTS, LLC.) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 4-0, COMMISSIONERS WOODRUFF AND HICKS ABSENT.) ORDINANCE 2023-06-19]
CONSIDER FIRST READING OF THE ORDINANCE OF PUBLIC HEARING AND AMENDMENT TO APPENDIX B ZONING OF THE CODE OF ORDINANCE.THE GRANT OF A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOL OR MIXED BEVERAGES FOR ON-PREMISES CONSUMPTION ON APPROXIMATELY 0.55 ACRES.
>> THIS IS MR. JOE MEET'S REQUEST ON BEHALF OF GREAT ABODE INVESTMENTS, LLC TO GRANITE SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR OFF-PREMISES CONSUMPTION.
I SEE ONE RESTRICTED BUSINESS ZONING DISTRICT.
PROPERTY IS APPROXIMATELY 0.55 ACRES OF LAND, LEGALLY DESCRIBED AS LOT 15R BLOCK 1 LIPSY EDITION AND MORE COMMONLY REFERRED TO AS 2806 SOUTH FM51.
ON MARCH 27, 2017, THE CITY COUNCIL DID APPROVE AMENDING APPENDIX B ZONING OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR BOTH ON-PREMISES AND OFF-PREMISES CONSUMPTION IN CERTAIN ZONING DISTRICTS THAT DID INCLUDE THE C1 RESTRICTED BUSINESS ZONING DISTRICT WITH AN APPROVED SPECIFIC USE PERMIT.
AGAIN, EXISTING ZONING IS C1, THERE'S THE EXISTING LAND USE AND THE PROPOSED SITE PLAN.
THIS WAS FORMERLY A CONVENIENCE STORE AND THEY'RE PROPOSING TO PUT BACK ANOTHER CONVENIENCE STORE.
THIS IS OUR PROPOSED FLOOR PLAN.
SEVEN PROPERTY OWNERS WITHIN 200 FEET WERE NOTIFIED.
WE DID NOT RECEIVE ANY RESPONSES IN RETURN.
WE DID HAVE A GENTLEMAN COME AND SPEAK AT THE PLANNING AND ZONING COMMISSION, MEANING HE WAS OUTSIDE OF THE 200-FOOT NOTIFICATION, BUT HE WAS VERY MUCH OPPOSED.
I THINK HE MISTAKENLY THOUGHT IT WAS GOING TO BE A LIQUOR STORE.
I DON'T KNOW THAT HIS MIND CHANGED ONCE HE FOUND OUT IT WAS A CONVENIENCE STORE, THAT THEY WERE JUST SELLING BEER AND WINE, BUT HE DID WANT TO REGISTER HIS OPPOSITION.
THE PROPOSED SALE OF ALCOHOLIC OR MIXED BEVERAGES FOR OFF-PREMISES CONSUMPTION AND THE SITE PLAN ARE IN SUBSTANTIAL COMPLIANCE WITH THE CRITERIA FOR GRANTING OF SUP.
WE'RE NOT RECOMMENDING ANY ADDITIONAL CONDITIONS BE IMPOSED FOR APPROVAL OF THE SPECIFIC USE PERMIT.
WE DO RECOMMEND APPROVAL OF SUP2023-03.
THE PLANNING AND ZONING COMMISSION ALSO RECOMMEND APPROVAL 4-0 WITH COMMISSIONERS WOODRUFF AND HICKS ABSENCE.
>> ANY QUESTIONS FROM COUNCIL? COMMENTS? ANYBODY IN PUBLIC HEARING? THAT WILL GO AHEAD AND CLOSE THAT ITEM AT 7:25, AND WE WILL OPEN UP ITEM 11 AT 7:26.
[11. ZC2023-04 CONSIDER FIRST READING OF THE ORDINANCE AND A PUBLIC HEARING GIVING ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON AN AMENDMENT TO REZONE APPROXIMATELY 0.84 ACRES OF LAND LOCATED AT 708 E. HALE STREET FROM SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT (SF-2) TO A THOROUGHFARE BUSINESS ZONING DISTRICT (C-2). (ZONING CHANGE APPLICATION 2023-04—MR. R.B. SANFORD, ON BEHALF OF PROPERTY OWNER 97 CIRCLE S CONVENIENCE STORES INC.) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 4-0, COMMISSIONERS WOODRUFF AND HICKS ABSENT.) ORDINANCE 2023-06-20]
[01:25:02]
CONSIDER FIRST READING OF AN ORDINANCE AND PUBLIC HEARING ON AMENDMENT TO REZONE APPROXIMATELY 0.84 ACRES OF LAND.STANFORD'S REQUEST ON BEHALF OF 97 CIRCLE S CONVENIENCE STORES, INC., TO AMENDMENT ZONING MAP FROM AN SF-2 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT, TO SEE 2/3 FOR OUR BUSINESS ZONING DISTRICT.
THE PROPERTY IS APPROXIMATELY 0.84 ACRES OF LAND LOCATED AT EAST HILL STREET IN SOUTH US HIGHWAY 81-287 BUSINESS.
PROPERTY IS MORE COMMONLY REFERRED TO AS 708 EAST HILL STREET.
THE APPLICANT IS REQUESTING A ZONE CHANGE FROM SF-2 TO C-2 THOROUGHFARE BUSINESS ZONING DISTRICT FOR THE PURPOSE OF EXISTING GAS STATION.
A ZONING CHANGE TO THOROUGHFARE BUSINESS IS CONSISTENT WITH THE DECATUR 2050 COMPREHENSIVE PLAN LAND USE MAP.
THAT CURRENT LAND USE DESIGNATION IS COMMUNITY COMMERCIAL.
COMMUNITY COMMERCIAL PRIMARILY HAS LAND USES FOR RETAIL AND COMMERCIAL, CIVIC AND INSTITUTIONAL USES, OR SECONDARY.
THE SURROUNDING ZONING TO THE NORTH IS C-2, TO THE SOUTH IS SF-1, TO THE EAST IS LIGHT INDUSTRIAL, AND TO THE WEST IS SF-1.
BEFORE ANY DEVELOPMENT, ANY ADDITIONAL DEVELOPMENT, OR NEW DEVELOPMENT CAN OCCUR, THE APPLICANT WILL NEED TO RE-PLOT THE PROPERTY, AND THE PROPERTY CURRENTLY IS NOT PROPERLY PLANTED.
IT'S STILL SHOWN AS AN ABSTRACT IN THE AJ WALKER SURVEY.
THIS IS THE EXISTING LAND USE MAP, EXISTING AND PROPOSE ZONING MAPS.
WE NOTIFIED NON-PROPERTY OWNERS WITHIN 200 FEET.
WE DID NOT RECEIVE ANY RESPONSES.
STAFF IS RECOMMENDING APPROVAL OF ZC2023-04, PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL 4-0 WITH COMMISSIONERS WOODRUFF AND HICKS ABSENT.
>> THANK YOU. COUNCIL, ANY QUESTIONS OR COMMENTS?
>> I'D LIKE TO MAKE A COMMENT ACTUALLY.
LAST WEEK I WAS ACCIDENTALLY INVITED TO ATTEND THE P&Z MEETING.
BUT IT WAS NICE TO SEE LANIER AND CLOSE SEE UP HERE SETTING THE FOUNDATIONS, THE SEEDS BEFORE WE TAKE ACTION ON SOMETHING.
I WOULD LIKE TO SEE SOME RECIPROCITY FOR THEM TO ATTEND OUR MEETINGS AND VICE VERSA.
I DON'T KNOW IF IT WAS FUN TO SEE JUST SITTING IN THE STANDS FROM THE OUTSIDE.
I WAS IN THE CHEAP SEATS OBVIOUSLY BECAUSE I COULDN'T AFFORD [OVERLAPPING].
>> THEY'RE PROBABLY ONLINE RIGHT NOW.
>> CAN WE GET HEADCOUNT PLEASE [LAUGHTER], BUT IT WAS NICE TO SEE,2/3 OF THIS IS REDUNDANT, BUT I'M OKAY WITH REDUNDANCY.
>> WELL, THANK YOU FOR ATTENDING THAT MEETING, AND THANK YOU FOR YOUR COMMENT.
>> I'M THANKFUL FOR BEING ACCIDENTALLY INVITED.
>> THERE YOU GO. ANY OTHER? YES.
>> ANY CONCERNS WITH TRAFFIC ON THAT DEVELOPMENT BECAUSE OF THAT LOCATION?
>> NO MORE THAN WHAT'S ALREADY THERE.
>> DID ANYBODY SIGN UP FOR THAT? WE WILL CLOSE THIS ITEM AT 7:29, AND THAT WILL END OUR PUBLIC HEARING SECTION, AND WE WILL NOW ENTER INTO OUR NON-PUBLIC CARRYING ITEMS,
[12. CONSENT AGENDA]
WHICH IS ITEM 12 OR CONSENT AGENDA.IF ANYBODY HAS ANYTHING ON THE CONSENT AGENDA THAT THEY LIKE TO PULL, LET'S GO AHEAD AND MAKE A MOTION FOR THAT OTHERWISE WILL LOOK FOR A MOTION TO ON THE CONSENT AGENDA.
>> MOTION TO APPROVE THE CONSENT AGENDA AS WRITTEN.
>> I HAVE A MOTION AND A SECOND.
ALL THOSE IN FAVOR OF THAT MOTION SAY, AYE.
THAT PASSES UNANIMOUSLY. THANK YOU.
ITEM 13, I'M GOING TO GO AHEAD AND ASK ANYWAYS, ANYONE WHO SIGNED UP FOR ANY PUBLIC INPUT. THANK YOU.
ITEM 14, AS COUNCIL MEMBERS REQUEST, ANY ITEMS FOR FUTURE AGENDA ITEMS? THAT WILL GET US TO 7:30 AND WE'LL ADJOURN.
[NOISE] THANK YOU. [NOISE]
* This transcript was compiled from uncorrected Closed Captioning.