NOTICE OF SPECIAL WORK SESSION AND REGULAR MEETING AGENDA LANCASTER CITY COUNCIL MUNICIPAL CENTER CITY COUNCIL CHAMBERS 211 N. HENRY STREET, LANCASTER, TEXAS Monday, January 27, 2025-7:00 PM Lancaster Americal City 2019 Lancaster The. Shining. Stare af7 Texas While one or more City Council Members may be present via video or audio link, a quorum of the City Council will be at the Municipal Center-City Council Chambers, as required by the Texas Open Meetings Act. Please click the link below for forms: itps/www.ancaster-x.com/1413.NoIice-Regarding.PuDlic-Participation The meeting will be broadcast live via video at the following address: ntp/www.ancaster-ixcomsz4Match-Meetings 7:00 P.M. SPECIAL WORK SESSION: CALL TO ORDER 1. Receive and discuss a presentation from Community Waste Disposal for their annual update 2. Receive and discuss a presentation from Komatsu Architects related to the design of Fire regarding refuse and recycling services. Station Four (4). ADJOURNMENT 7:15 P.M. REGULAR MEETING: CALL TO ORDER INVOCATION: Lancaster Interdenominational Ministerial Alliance PLEDGE OF ALLEGIANCE: Councilmember Carol Strain-Burk PUBLIC ESTIMONYICIIZENS COMMENTS: At this time, citizens who have pre-registered before the call to order will be allowed to speak on any matter for a length of time not to exceed three minutes. No Council action or discussion may take place on a matter until such matter has been placed on an agenda and posted in accordance with law. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. CONSENT AGENDA: Items listed under the consent agenda are considered routine and are generally enacted in one motion. The exception to this rule is that a Council Member may request one or more items to be removed from the consent agenda for separate discussion and action. 1. Consider a resolution authorizing the award of Request for Proposal RFP 2024-11 (Hot And Cold Mix Asphalt Supply Services) to Estrada Asphalt, Inc as the primary contractor; Reynolds Asphalt Company as the secondary contractor; and Apac Texas, Inc. as the tertiary contractor, for the purpose of supplying Hot & Cold Mix Asphalt for street maintenance work throughout the city, in an cumulative amount not to exceed seven hundred fifty thousand 2. Consider amending Chapter 24 of the City Code of Ordinances Wastewater Discharge dollars and zero cents ($750,000.00) per annum. Standards" by Amending Article 24.05. PUBLIC HEARING: 3. Z25-03 Conduct a public hearing and consider an ordinance to change the zoning from Retail (R) to Single Family Residential (SF-6) on a 0.16-acre lot known as, Block 5, Lot 4, out of the T.J. Beesleys Second Addition, addressed as 119 E. Hammond Avenue, City of Lancaster, Dallas County, Texas. ACTION: 4. M25-13 Discuss and consider a special exception to Section 402.(b) (1) (D)- Accessory Buildings and Section 402. (b) (11)( (B)- Residential Portable and Accessory Building Setbacks of the Lancaster Development Code to allow for a 296.46 square foot accessory structure that is 1.6 feet from the rear yard property line and 3.3 feet from the eastern side property line, on a property described as Lot 3, Block 1, Meadowview Phase 5 Addition, addressed as 1242. April Showers Lane, City of Lancaster, Dallas County, Texas. 5. Discuss and consider a resolution authorizing the City Manager to execute an amendment to a Chapter 380 Agreement by and between the City of Lancaster and MSW Prime - Lancaster, LP to expand the definition of Certificate of Occupancy, make related changes and establish an effective date. 6. Discuss and consider a resolution authorizing the City Manager to execute an amendment to a Chapter 380 Agreement by and between the City of Lancaster and 255PRL, LP to expand the definition of Certificate of Occupancy, make related changes and establish an effective 7. Discuss and consider a resolution approving an amendment to Section 14.01 and 14.02 of the agreement for solid waste and disposal services with Community Waste Disposal, L.P. (CWD) to provide for a Consumer Price Index rate increase for residential and commercial 8. Discuss and consider a resolution amending Section 10.1700 (Garbage Collection Fees) of the Master Fee Schedule for fees and charges assessed for solid waste and recycling date. solid waste services. collection. EXECUTIVE SESSION: 9. Ina accordance with the Texas Open Meetings Act, the City Council will convene in Executive 1. Section 551.071 Pending, threatened, contemplated, or potential related litigation in Session to consider the following matters: regard to: a) Real Property located at 1508 Dewberry Boulevard (Bel-Air Place Apartments). c) Future Infrastructure (Houston School Road water main damage). b) Real Property located at 632 E. Reindeer Road. d) DeltaVictor LLC V. City of Lancaster. f) Chapter 54 1620 Enchanted Road. e) Sales Tax Audit. g)9 908, 910, 914, and 916 Westover Disability Rights Accomodation. 10. Reconvene into open session. Consider and take appropriate action(s), if any, on closed/executive session matters. ADJOURNMENT EXECUTIVE SESSION: The City Council reserves ther right to convenei into executive session ona any posted agendai item pursuant to Section 551.071(2) oft the ACCESSIBILITY STATEMENT: Meetings oft the City Council are! held in municipal facilitiest that are wnelchal-accessible. For signi interpretive services, call the City Secretary's office, 972-218-1311, or TDD 1-800-735-2989, atl least 721 hours prior tot ther meeting. Reasonable accommodation will ber made to assisty your PURSUANT TO SECTION: 30.06 PENAL CODE (TRESPASS BYH HOLDER WITHA AC CONCEALED HANDGUN), AP PERSONI LICENSED UNDER: SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITHAC CONCEALED HANDGUN. CONFORME. ALAS SECCION: 30.06 DEL CODIGO PENAL (TRASPASAR PORTANDOARMAS DE FUEGO CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO411, CODIGO DEL GOBIERNO (LEY DE PORTARARMAS), NO DEBEN ENTRARAESTAI PROPIEDAD PORTANDO UN ARMADE PURSUANT TO SECTION: 30.07F PENAL CODE (TRESPASS BYH HOLDERY WITH AN OPENLY CARRIED HANDGUN), APERSONI LICENSED UNDER SUBCHAPTERH H, CHAPTER 411, GOVERNMENT CODE (HANDGUNI LICENSING LAW), MAY NOT ENTERT THIS PROPERTY WITHAH HANDGUN" THATIS CONFORME. ALA SECCION: 30.07 DEL CODIGO PENAL (TRASPASAR PORTANDO, ARMAS DEF FUEGO ALA AIRE LIBRE CON LICENCIA) PERSONAS CON LICENCIA BAJOD DEL SUB-CAPITULOH, CAPITULO411, CODIGO DE GOBIERNO (LEY DE PORTAR/ ARMAS), NOI DEBEN ENTRAR AESTAI PROPIEDAD Texas Government Code tos seek legal advice concerning: such subject. needs. FUEGO OCULTADA. CARRIED OPENLY. PORTANDO UNA ARMAI DE FUEGOA ALAIRE LIBRE. Certificate Ihereby certify the above Notice of Meeting was posted at Lancaster City Hall on January 24, 2025, @ 6:00 p.m. and copies thereof were provided to the Mayor, Mayor Pro-Tempore, Deputy Mayor Pro-Tempore and Council members. DVNeal, Jr. Coubl Carey Deputy City Manager CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 1. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Financially Sound Government Healthy, Safe & Engaged Community Submitted by: Opal Mauldin-Jones, City Manager Agenda Caption: Receive and discuss a presentation from Community Waste Disposal for their annual update regarding refuse and recycling services. Background: On December 14, 2015, the City of Lancaster entered into a contract with Community Waste Disposal (CWD) to provide refuse, recyclable materials, bulk and brush collection services within the city. The term of the contract was from February 1, 2016, through December 31, 2022. The contract had renewal options for one (1) additional three (3) year term unless either party provided written notice of election not to renew the contract to the other party, not less than one hundred eighty (180) days prior to the expiration of the original contract term or the first additional three (3) year term. On February 13, 2023 the City of Lancaster exercised the renewal clause of the agreement with Community Waste Disposal (CWD) to provide refuse, recyclable materials, bulk and brush collection services within the city. The term of the contract was for three (3) years beginning on March 1, 2023, and terminating on February 28, 2026 to include brush/bulky waste collection on a bi-monthly (once every two months) bases with the establishment of new service pickup dates for residents. The renewal also included for an annual (once every year) rate adjustment, with the first-rate adjustment request being effective March 1, 2024 and allowing a request to be made every twelve (12) months following, and agreeing that adjustments be based on CPI, Fuel and Disposal cost for the year. At the City Council Regular Meeting on February 26, 2024, the annual adjustment request was approved by the City Council and the City cost increased from $14.48 for trash, recycling and quarterly trash-off to $15.26 per residential account. The special pick-up/hot list rate increased from Commercial hand collect rates increased from $19.63 for trash, $12.83 for recycling ($37.02) to From April 1, 2023 to. April 9, 2024, The City of Lancaster has received 725 reports of missed trash collection, 117 reports of missed recycling collection, 157 reports of missed bulk trash collection, and Pursuant to Article II Section 21.00 of the Solid Waste & Recycling Services contract with CWD, City Council shall annually receive a presentation regarding solid waste and recycling services. City Council will receive the annual update presentation from Community Waste Disposal. $71.03 to $106.52. $38.37 which reflected a $1.35 per month increase in their rates. 715 reports of other service related issues. CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 2. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Healthy, Safe & Engaged Community Sound Infrastructure Submitted by: Camryn Thompson, Assistant to the City Manager Agenda Caption: Four (4). Background: Receive and discuss a presentation from Komatsu Architects related to the design of Fire Station At the June 24, 2024 council meeting, the City Council approved the award of Bid RFP 2023-21 to Komatsu Architects for architectural and design services for Fire Station No. 4. Following this approval, Komatsu Architects and city staff held one-on-one meetings with council members to gather input on the external desired design elements for the station. The Fire Department provided valuable input on the internal elements and layout to ensure the station would not only meet operational needs, but also enhance the safety and efficiency of the firefighters who work there. Ina addition, Komatsu provided a survey that was mailed to residents living within a five-minute response time of Station No. 4, located at 601 East Beltline Road, focusing on design preferences. There were 75 responses received. Komatsu Architects has reviewed this feedback and developed a preliminary design, which will be presented. Council will receive a presentation. CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 1. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Sound Infrastructure Quality Development Submitted by: Rifat Alam, Director of Public Works Agenda Caption: Consider a resolution authorizing the award of Request for Proposal RFP 2024-11 (Hot And Cold Mix Asphalt Supply Services) to Estrada Asphalt, Inc as the primary contractor; Reynolds Asphalt Company as the secondary contractor; and Apac Texas, Inc. as the tertiary contractor, for the purpose of supplying Hot & Cold Mix Asphalt for street maintenance work throughout the city, in an cumulative amount not to exceed seven hundred fifty thousand dollars and zero cents ($750,000.00) per annum. Background: Sound Infrastructure has been identified as a Key Performance Objective by the City Council. City staff have been completing infrastructure projects annually to realize the goal of having sound infrastructure. As part of sound infrastructure, City staff has been performing routine maintenance work on various asphalt streets, which requires purchasing large volume of hot & cold mix asphalt. The approval of RFP 2024-11 will continue to demonstrate Council's dedication and commitment towards achieving this goal. Operational Considerations: The Streets Division performs routine maintenance for all streets/roads within the city. Large maintenance work, requires purchasing large volumes of hot mix and cold mix asphalt. By having an established & executed contract for multiple vendors, staff will be able to improve efficiency, saving The RFP was processed in accordance with all local and state purchasing statutes.The RFP was advertised in the Focus Daily News on 10/10/2024, and 10/17/2024. The RFP was posted on the City's electronic procurement system and opened on 10/10/2024, and closed on 11/1/2024. Three complete proposals were received from Estrada Asphalt, Inc, Reynolds Asphalt Company, and Apac This formal RFP process meets the requirements set forth in the statutes, including advertising, reference checks, verification of insurance and bonding, if required by specifications, and any other requirements. The approval of this resolution will allow the City staff to address the operational needs both time and cost, improving overall operational efficiency. Texas, Inc. in a timely and efficient manner. LegalConsiderations: The City Attorney has reviewed and approved the agreement and resolution as to form. Public Information Considerations: Texas Open Meetings Act. Fiscal Impact: This item is being considered at a Regular Meeting of the City Council noticed in accordance with the Funding is available in the FY2024-25 Street Division Budget. Funding for street maintenance are approved by City Council annually with funds available in the Street maintenance accounts. Options/Alternatives: 1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution. Recommendation: Attachments Resolution Staff recommends approval of the resolution, as presented. Estrada Asphalt Agreement Reynolds Asphalt Agreement APAC Texas, Inc Agreement Exhibit. A Exhibit C Exhibit D Exhibit B ITB CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 2. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Sound Infrastructure Quality Development Submitted by: Rifat Alam, Director of Public Works Agenda Caption: by Amending Article 24.05. Background: Consider amending Chapter 24 of the City Code of Ordinances Wastewater Discharge Standards" The City ofl Lancaster discharges wastewater to the Trinity River Authority (TRA) Ten Mile Creek Wastewater Treatment Plant. In Fiscal Year 2024, the Trinity River Authority underwent streamlining and program modification as defined by Title 40 Section 403.18 of the Code of Federal Regulations. The new revised Wastewater Ordinance changes the verbiage and removes once per permit sampling language and the Total Toxic Organic local limit. All other sections remain unchanged, and provides the City of Lancaster the authority to enforce compliance to discharge wastewater to TRAI in accordance to the streamlining and program modifications as defined by Title 40 Section 403.18 of the Code of Federal Regulations. The ordinance also has an updated Enforcement Response Plan (ERP) in which the enforcement response time has been amended to 30 days from approximately 10 days and once per permit cycle sampling language removed. Operational Considerations: The Trinity River Authority requests all participating cities adopt the updated Industrial Wastewater Ordinance. The updated ordinance includes the following changes: 1. Clarifies pre-treatment terminology and definitions. 2. Removes once per permit sampling language and the Total Toxic Organic local limit. The updated Enforcement Response Plan (ERP) includes the following changes: 1. Enforcement response time has been amended to 30 days from approximately 10 days 2. Removes once per permit cycle sampling language removed. LegalConsiderations: The ordinance has been reviewed and approved as to form by the City Attorney. Public Information Considerations: This item is being considered at a Regular Meeting was noticed in accordance with the Texas Open Meetings Act. Fiscal Impact: The City of Lancaster may assess fees related to Article 24.05 Wastewater Discharge Standards Section 24.05.023 fees outlined in the City of Lancaster Code of Ordinances OPtions/Alternatives: 1. City Council may approve the ordinance, as presented. 2. City Council may deny the ordinance and direct staff. Recommendation: Attachments Ordinance Lancaster Revised ERP Staff recommends approval of the ordinance, as presented. CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 3. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Submitted by: Nyliah Acosta, Assistant Director of Development Services Goal(s): Quality Development Agenda Caption: Z25-03 Conduct a public hearing and consider an ordinance to change the zoning from Retail (R)to Single Family Residential (SF-6) on a 0.16-acre lot known as, Block 5, Lot 4, out of the T.J. Beesleys Second Addition, addressed as 119 E. Hammond Avenue, City of Lancaster, Dallas County, Texas. Background: 1. Location and Size: The property is located at 119 E. Hammond Avenue, and is situated 153 feet east of the intersection of East Hammond Avenue and North Henry Street. The property is 0.16 of an acre in size. 2. Current Zoning: The subject property is currently zoned as Retail (R). 3. Adjacent Properties: North: Retail (R) - Vacant Lot South: Retail (R) - Single Family Residence West: Retail (R) - Single Family Residence East: Single-Family Residential (SF-6)- Single Family Residence 4. Comprehensive Plan Compatibility: The Future Land Use Map of the Comprehensive Plan identifies this site as Reinvestment Area. The requested zoning change from retail to single- family residential is not consistent with the 2016 Comprehensive Plan. 5. Case History: Date Body Action 11/11/2024 CC Z22-14 Tabled to 1/13/2025 CC at Applicant's Request 11/5/2024 P&Z Recommended denial of a rezone from Retail (R)t to Single-Family (SF-6) 9/26/2022 CC Z22-14 Denial of a rezone from Retail (R) to Single-Family (SF-6) 9/26/2022 P&Z Z22-14 Recommended denial of a rezone from Retail (R) to Single-Family Residential (SF-6) 10/16/1989/CC Zoning Map Adopted Operational Considerations: This is a request to rezone the subject property from Retail (R) to Single-Family Residential (SF-6) to construct a single family home. The single family home that existed previously at this location was demolished without a permit. Pursuant to Section 14.1101 of the LDC, when reviewing a zoning change application, there are five (5) considerations that must be made when deciding on a zoning change application. The following is an analysis of these considerations: Consistency with the Comprehensive Plan The City's 2016 Comprehensive Plan identifies this site as Reinvestment Area. Reinvestment areas are existing developed or vacant properties that are not performing or are dilapidated and, due to market trends, could have a better use and would need improvements or an anchor to improve performance. A commercial development that attracts other businesses and improves development prospects in the area would be most appropriate, because these areas have the potential for redevelopment. The proposed zoning district is not appropriate as it would allow for single-family homes. Potential Impact on Adjacent Development The subject property is currently vacant. Although the properties to the east are single-family homes appropriately zoned, properties to the west are single-family homes zoned Retail (R). The single- family structures zoned Retail are legal non-conforming uses. Should the single-family use cease for at total of 180 calendar days during any three (3) year period, the use will no longer be permitted. The improvement of single-family homes on these properties will not promote prospective commercial developments in the surrounding area. Availability of utilities and access Both water and sewer line availability are located along East Hammond Avenue. Site conditions such as egelaton.somganlv/and flood plain The site is currently vacant. Construction of a new home would impact vegetation and topography. This site is not in a flood plain. Timing of Development as it relates to Lancaster's Capital Improvement Plan There are currently no capital plans programmed for East Hammond Avenue. The local road standards for the Master Thoroughfare Plan (MTP) require 60- feet rights-of-way. The property is currently platted with 20-feet rights-of-way. Should the City Council approve the rezoning request, the Based upon an analysis of the five (5) criteria that must be taken into consideration when reviewing a change in zoning application, the proposed zoning change request to SF-6 is not appropriate as the proposed zoning district allows residential development that is inconsistent with the Comprehensive Plan and vision for the area. Reinvestment Areas are meant to serve as a catalyst for new commercial developments or revamp areas that are not performing well. Therefore, staff recommends denial of the request, as the proposed zoning district would negatively impact the potential reinvestment of the area as envisioned through the Comprehensive Plan. The ordinance has been reviewed and approved as to form by the City Attorney. home's expansion will not trigger additional rights-of-way dedication. Legal Considerations: Public Information Considerations: This item is being considered at a Regular Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. On October 15, 2024, a notice for this public hearing appeared in the Focus Daily Newspaper. Staff also mailed notices to property owners within 200 feet of the subject site. There are no letters in support or opposition to this request. OPtions/Alernatives: 1. The City Council may approve the zoning change request, as presented. 2. The City Council may approve with changes and state those changes. 3. The City Council may deny the request. The Lancaster Development Code (LDC), Section 4.208 City Council, (d) Council Approval or Denial (1)Approval of an Item., states that "The Council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. However, when a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the City Council shall be required for approval". The Planning and Zoning Commission recommended denial oft this item, and a super majority (6 of7 members) is required for approval of this zoning change request. Recommendation: Attachments Location Map Letter of Intent Survey On November 5, 2024, the Planning and Zoning Commission recommended denial of the zoning request. Staff concurs with the recommendation. November 5, 2024 Draft P&Z Minutes CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 4. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Submitted by: Nyliah Acosta, Assistant Director of Development Services Goal(s): Sound Infrastructure Quality Development Agenda Caption: M25-13 Discuss and consider a special exception to Section 402.(b)(1)(D)-/ Accessory Buildings and Section 402. (b) (11)(B)- - Residential Portable and Accessory Building Setbacks of the Lancaster Development Code to allow for a 296.46 square foot accessory structure that is 1.6 feet from the rear yard property line and 3.3 feet from the eastern side property line, on a property described as Lot 3, Block 1, Meadowview Phase 5 Addition, addressed as 1242 April Showers Lane, City of Lancaster, Dallas County, Texas. Background: size. 1. Location and Size: The property is addressed at 1242 April Showers Lane being 0.17 acres in 2. Current Zoning: The subject property is currently zoned Single-Family (SF-6). 3. Adjacent Properties: North: Single-Family Residential (SF-6)-Single-Family Dwelling South: Single-Family Residential (SF-6)-Single-Famly Dwelling East: Single-Family Residential (SF-6)-Single-Family Dwelling West: Single-Family Residential (SF-6)-Single-Family Dwelling 4. Comprehensive Plan Compatibility: The Future Land Use Map of the comprenensive Plan designates the subject property as Suburban Neighborhood. 5. Case History: Date 10/16/1989 Body CC Action Z1989 Adopted Zoning Map Operational Considerations: On November 4, 2024, Code Enforcement issued a notice of violation for an accessory structure at the rear of the property with no building permit. At this time, permit records indicate a building permit Section 402,D/0/0)-Accessoy Buildings, in the Lancaster Development Code states, "in SF-4, SF-5, SF-6, no more than two (2) accessory buildings shall be allowed which are up to 225 square has not been submitted, nor issued, for the accessory structure on the property. feet (each) in area and 15 feet or less in height". Section 402. (b) (11)( (B)- - Residential Portable and Accessory Building Setbacks, provides setback requirements as follows: the rear yard setback is 3-feet, the side yard setback is 5-feet, and separation from other structures is 6-feet for accessory structures between 121-225 square feet, and The applicant is proposing to keep a fully constructed accessory structure that is 296.46 square feet. This exceeds the allowed 225 square feet by 71.46 square feet. The structure violates the required side and rear setback requirements, which are established to ensure adequate spacing, safety, and compatibility between properties. The structure is 3.3-feet from the east property line and 1.6-feet from the rear property line at the closest distances. In addition, the structure is not anchored down, and does not appear to be on a complete slab of foundation. It should also be noted it appears there was an addition to the original accessory structure. The addition was done with no permit. The applicant has stated that the shed is being used for storage. They also indicated that they are required by law to have locked/secured space for client records. There is currently an AC unit in the shed, and the applicant has stated that the reason for the unit is for the storage of medication that is Due to the structure being constructed without obtaining the necessary permits, the required reviews that ensure compliance with safety, zoning, and building regulations were not conducted. The lack of a proper foundation raises safety concerns as structures that are not adequately anchored may pose risks of collapse or shifting during severe weather, and can potentially endanger adjacent properties Variances are granted when there is a unique physical condition or practical difficulty specific to the property that prevents compliance. The request does not demonstrate that strict adherence to the code causes unnecessary hardship. Since the property owner built the structure without permits, or compliance with the code, the hardship is self-imposed and does not merit an exception. Staff up to 15-feet in height. required to be maintained at a designated temperature. and occupants. recommends denial. Legal Considerations: Texas Open Meetings Act. Public Information Considerations: received any notices in favor or opposition. This item is being considered at a Regular Meeting of the City Council noticed in accordance with the Onl December 29, 2024, a publication appeared in the Focus Daily News. In addition, notices were sent to property owners within 200-feet, and a sign was posted on the property. Staff has not Options/Alternatives: 1. City Council may approve the special exception, as presented. 2. City Council may approve the special exception with conditions, and state those conditions. 3. City Council may deny the special exception. Recommendation: Staff recommends denial. Attachments Location Map Letter of Intent Site Plan Exterior Photos Interior Photos Notice of Violation CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 5. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Financially Sound Government Quality Development Submitted by: Shane Shepard, Director of Economic Development Agenda Caption: Discuss and consider a resolution authorizing the City Manager to execute an amendment to a Chapter 380. Agreement by and between the City of Lancaster and MSW Prime - Lancaster, LPt to expand the definition of Certificate of Occupancy, make related changes and establish an effective date. Background: Inorder to facilitate the construction of the Walmart eCommerce facility located at 2300 East Belt Line Road, the previous property owner (MSW Prime - Lancaster, LP) agreed to construct public infrastructure needed for the project, specifically a 12" PVC wastewater line, gate valve, fire hydrant, and connection to the existing water line. The public improvements were made, and the facility was completed and occupied. In 2023, the real property on the site was valued at over one hundred fifty The City agreed to reimburse the previous landowner up to one million six hundred thirty-one thousand dollars ($1,631,000) for documented expenditures for this work. The agreement was subject to Walmart receiving a Certificate of Occupancy for the site by. January 1, 2025, and meeting all the specific obligations of their development agreement. Walmart has a temporary Certificate of Occupancy which allows operation of the facility but is waiting for some back-ordered fire million dollars $150,000,000). suppression equipment to finalize their Certificate of Occupancy. isr requesting the following amendments to the original agreement: The previous landowner completed all the work required under the agreement within their control and Section 3(b) (Definition of "Certificate of Occupancy") is hereby amended to read as follows: "Certificate of Occupancy. The words "Certificate of Occupancy" to include a temporary Section 4(d) (Affirmative Covenants of Developetr/satslaction of all Project Peak and Project o SalslaeomofaiPogeaemdPRaVaNe/Cemtse-ems- PrejeetPeakust wccesshulysalisiyalehempchneEomomeeerapmemtgremensw#hthe-ehyend withtne-taneasterlerEcemome-DevelepmentCorperatonHEPSePie-ne-thetme-thattnein All other rights, duties and obligations under the Agreement remain in full force and effect certificate of occupancy (or its local equivalent) for the Facility. Valley Contract Terms) is deleted to read as follows: respetiweFeeHlieseresere-seeCenteekeepeney unless expressly amended by this First Amendment. Funds are available to make this reimbursement, Legal Considerations: The City Attorney has reviewed and approved the resolution and agreement as to form. Public Information Considerations: with the Texas Open Meetings Act. This item if being considered at a Regular Meeting of the City Council noticed and held in accordance Fiscal Impact: This payment is made from Impact Fee funds. Sufficient funds are available, although a mid-year The net property tax revenue from real property taxes alone on the Walmart facility over the next ten years is estimated to be approximately nine million nine hundred twenty-five thousand five hundred budget adjustment may be required. fifty dollars ($9,925,550). Options/Alternatives: 1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution. Attachments Resolution Original Agreement Exhibit. A- First Amendment to the 380 Agreement CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 6. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Financially Sound Government Quality Development Submitted by: Shane Shepard, Director of Economic Development Agenda Caption: Discuss and consider a resolution authorizing the City Manager to execute an amendment to a Chapter 380. Agreement by and between the City of Lancaster and 255PRL, LP to expand the definition of Certificate of Occupancy, make related changes and establish an effective date. Background: Inorder to facilitate the construction of the Walmart Cold Storage facility located at 940 East Pleasant Run Road, the previous property owner (255PRL, LP) agreed to construct public infrastructure needed for the project, specifically a 12" PVC wastewater line, associated manhole, connection to the existing wastewater line and related pavement replacement. The public improvements were made, and the facility was completed and occupied. In 2023, the real property on the site was valued The City agreed to reimburse the previous landowner up to nine hundred sixty-six thousand dollars ($966,000) for documented expenditures for this work. The agreement was subject to Walmart receiving a Certificate of Occupancy for the site by January 1, 2025, and meeting all the specific obligations of their development agreement. Walmart has a temporary Certificate of Occupancy which allows operation of the facility but is waiting for some back-ordered fire suppression equipment The landowner completed all the work required under the agreement within their control and is at over sixty-four million dollars ($64,000,000). to finalize their Certificate of Occupancy. requesting to make the following amendments to the original agreement: Section 3(b) (Definition of "Certificate of Occupancy") is hereby amended to read as follows: o "Certificate of Occupancy. The words "Certificate of Occupancy" to include a temporary Section 4(d) (Affirmative Covenants of Developer/satslaction of all Project Peak and Project o Saltisfaetien-eFal-PyeetPeakandPrepetValeyCentraetlemms.-Pi9jetPeakemust sueeessiuysatistyaHermmse-neEcememie-DevelepmepmentAgreememts-wwiththe-Ciyend WA#h-Re-LaneasterEcemomNe-DeveiepmeniCeperationtORLEDCYePee-he-Pe-haHRe certificate of occupancy (or its local equivalent) for the Facility." Valley Contract Terms) is deleted to read as follows: respecte-FaeHRs-are-sSted'a-ceFteate-etOeeupancy All other rights, duties and obligations under the Agreement remain in full force and effect unless expressly amended by this First Amendment. Funds are available to make this reimbursement, Legal Considerations: The City Attorney has reviewed and approved the resolution and agreement as to form. Public Information Considerations: with the Texas Open Meetings Act. This item if being considered at a Regular Meeting of the City Council noticed and held in accordance Fiscal Impact: This payment is made from Impact Fee funds. Sufficient funds are available, although a mid-year The net property tax revenue from real property taxes alone on the Walmart facility over the next ten years is estimated at approximately three million eight hundred seventy-five thousand dollars budget adjustment may be required. ($3,875,000). OPtions/Alernatives: 1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution. Attachments Resolution Original Agreement Exhibit A- First. Amendment 380 Agreement CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 7. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Financially Sound Government Healthy, Safe & Engaged Community Submitted by: Gregory Carrell, Assistant to the City Manager Agenda Caption: Discuss and consider a resolution approving an amendment to Section 14.01 and 14.02 of the agreement for solid waste and disposal services with Community Waste Disposal, L.P. (CWD) to provide for a Consumer Price Index rate increase for residential and commercial solid waste services. Background: The initial contract with Community Waste Disposal (CWD) covered a 7 year period beginning On February 13, 2023 the City of Lancaster exercised the extension clause of the agreement with Community Waste Disposal (CWD) to provide refuse, recyclable materials, bulk and brush collection services within the city. The term of the contract was for three (3) years beginning on March 1, 2023, and terminating on February 28, 2026 to include brush/bulky waste collection on a bi-monthly (once every two months) bases with the establishment of new service pickup dates for residents. Allowing for an annual (once every year) rate adjustment, with the first-rate adjustment request being effective March 1, 2024 and allowing a request to be made every twelve (12) months following, and agreeing Section 14.01 and 14.02 of the agreement allows rates charged by Community Waste Disposal to be subjected to an Annual CPIFuel/Disposal Cost Adjustment ("ACA"). The first ACA became effective on March 1, 2024, and subsequent adjustments can be made at twelve (12) month intervals thereafter, through the term of the contract. The ACA is not based on service performance and The City cost will increase from $15.26 for trash, recycling and quarterly trash-off to $15.73 per residential account. Currently residents pay $16.34 inclusive of $2.50 administrative fee and will see Commercial hand collect rates are increasing from $25.10 for trash, $13.27 for recycling ($38.37) to $39.36. Commercial hand collect customer accounts will notice a $0.99 per month increase in their While CWD bills directly for all commercial accounts, notice of rates charged on their accounts must be approved by the City and reflected in our master fee schedule pursuant to the agreement. CWD February 1, 2016 through January 31, 2023. that adjustments be based on CPI, Fuel and Disposal cost for the year. cannot be unreasonably withheld or denied. no increase to their Residential rate. rates. must provide notice of this increase to commercial customers. Legal Considerations: The resolution was approved as to form by the City Attorney. Public Information Considerations: Texas Open Meeting Act. Options/Alternatives: This item is being considered at a Regular Meeting of the City Council noticed in accordance with the 1.C City Council may approve the resolution, as presented. 2. City Council may deny the resolution. Recommendation: Attachments Resolution Exhibit A Staff recommends approval of the resolution as presented. CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 8. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Financially Sound Government Healthy, Safe & Engaged Community Submitted by: Gregory Carrell, Assistant to the City Manager Agenda Caption: Discuss and consider a resolution amending Section 10.1700 (Garbage Collection Fees) of the Master Fee Schedule for fees and charges assessed for solid waste and recycling collection. This is a companion item to the agenda regarding Commercial Waste Disposal Consumer Price Article 14.00, Section 14.02 Modification of Rates" of the Solid Waste contract states: All rates charged by Community Waste Disposal (CWD) will be subject to an. Annual CPIFuelI/Disposal Cost Adjustment ("ACA"). The. ACA will be effective on March 1, 2025. Background: Index (CPI)Annual Cost Adjustment (ACA) request. Below reflects rates to be charged to our customers. (a) Residential Once weekly refuse collection/disposal Once weekly recycling colection/processing Every other month brush/bulk item collection (b) Administrative Processing Fee $13.84, no change. $2.50, no change. $10.00, no change. $15.00, no change. $20.00, no change. $25.84, increase from $25.10. $24.41, increase from $23.72. $13.52, increase from $13.27. $9.21, increase from $9.21. $109.65 minimum, increase from $19.43/per: yard, increase from (c) Extra cart 2nd cart 3rd cart 4th cart (d) Commercial Hand Collect Once weekly refuse collection / disposal Additional trash cart (e) Commercial Hand Collect Recycling Collection Once weekly recycling collection/p processing Additional recycling cart (f) Special Pick-up - Up to 12 yards Over 12 yards additional $106.52. $18.87. Commercial containers price haul rates (disposal costs included). Rates do not include franchise fees, billing fees or taxes. Size 1XWK 2X WK 3XWK 4) XWK 5X WK 6XI WK EXTRA 2YD $116.54 $206.70$319.495368.365449.15.$529.94 $129.49 3YD $127.73 $236.38$ $328.775421.1955195513.595606.02 $133.33 4YD $159.72 $295.60$411.08 526.505641.97575742 $137.14 6YD $191.77 $54.93549365582375771,125909.79 $144.74 8YD $239.84 $443.755617.305790.865965964.4351,137.365148.55 Casters $14.97/Lift Lock Gates $14.97/Lift Recycling for Small Businesses, price includes haul & disposal. Size/Pickup 6YD 8YD loaders). 1XWK $152.36 $152.36 2XWK NB* NB* EXTRA $119.05 $119.05 Vertical compactors, once per week collection price includes haul and disposal (emptied by front end Size 1XWK 2XWK 3XWK 4XWK 5XWK 6XWK 2CY $428.18 $792.37 $1,102.07 $1,411.86 $1,721.56 $2,031.37 3CY $489.66 $906.07 $1,260.28 $1,614.47 $$1,968.67 $2,322.94 4 CY $601.83 $1,113.86 $1,548.88 $1,983.97 $2,418.95 $2,854.02 6 CY $735.14 $1,360.48 $1,892.20 $2,423.92 $2,955.73 $3,487.44 8CY $893.22 $1,650.74 $2,296.34 $2,941.96.53,587.63 $4,231.02 *Not Billed Legal Considerations: The City Attorney has reviewed and approved the resolution as to form. Public Information Considerations: Texas Open Meetings Act. Options/Alernatiyes: This item is being considered at a Regular Meeting of the City Council noticed in accordance with the 1) The City Council may approve the resolution as presented. 2) The City Council may deny the resolution. Staff recommends approval as presented. Recommendation: Attachments Resolution Master Fee Schedule Excerpt CITY OF LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 9. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Financially Sound Government Healthy, Safe & Engaged Community Sound Infrastructure Quality Development Professional and Committed City Workforce Submitted by: Opal Mauldin-Jones, City Manager Agenda Caption: Ina accordance with the Texas Open Meetings Act, the City Council will convene in Executive Session 1. Section 551.071 Pending, threatened, contemplated, or potential related litigation in regard to: a) Real Property located at 1508 Dewberry Boulevard (Bel-Air Place Apartments). c) Future Infrastructure (Houston School Road water main damage). to consider the following matters: b) Real Property located at 632 E. Reindeer Road. d) DeltaVictor LLC V. City of Lancaster. f)c Chapter 54 1620 Enchanted Road. e) Sales Tax Audit. g) 908,910, 914, and 916 Westover Disability Rights Accomodation. LANCASTER CITY COUNCIL City Council Regular Meeting Meeting. Date: 01/27/2025 Item 10. Policy Statement: This request supports the City Council 2024-2025 Policy Agenda Goal(s): Financially Sound Government Healthy, Safe & Engaged Community Sound Infrastructure Quality Development Professional and Committed City Workforce Submitted by: Opal Mauldin-Jones, City Manager Agenda Caption: session matters. Background: Executive Session. Reconvene into open session. Consider and take appropriate action(s), if any, on closed/executive This agenda item allows City Council to take action necessary, if any, on item(s) discussed in