you you you you you you you you you you you you you you you you you you you you you you you you you you you you you you Thank you. I'm sorry. time for I'm sorry. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to start with the first one. I'm going to show you guys. I'm sorry. to I'd now like to call the meeting of the Arlington City Council to order and we're privileged to have Pastor Carlos Pinero from Builder Church who will lead us in our embocation and recite the pledge of allegiance. Pastor. It's pastor. Let us pray. Heavenly Father, you are a good, gracious and loving King. As I was walking into this building here this evening, and noticing the flags of the AFMAS. God, we come to you at a time of hurt and of tragedy for our citizens of this great state and of this nation. God, we come before you and realize that you are good in your incontrol and you have the comfort that so many of us in this state and in this country need. God, I specifically ask that your hand would be upon the families of those who have lost loved ones this past week. Thank you for just the law enforcement officers and first responders that responded so quickly at the two tragedies that occurred this week. God, I pray for the cities of El Paso, for the cities of Dayton, that you would continue to give them wisdom and direction and comfort during this time. God, we thank you for the opportunities for the privilege that you've continue to give them wisdom and direction and comfort during this time. God, we thank you for the opportunities for the privilege that you've given us to live and the place that we have to gather as we are here this evening and that we have the ability to come together and to do the good of your cities and of your nation. Gotta pray for the officials and for the citizens that are gathered here this evening. And I ask that you would give us wisdom and determining just the good of this city. I pray for just a unique sense of unity among the citizens and among these council members to seek the good and to serve the citizens of the city that we live in. I've got to ask that you continue using us to accomplish your great work and that we would see in the city of Arlington as we would see in heaven and you would use us to that end. We'll probably ask in Jesus name. Amen. Ableegians to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible with liberty and justice for all. The Texas flag, I pledge allegiance to the Texas one state under God, one and indivisible. Councilmember Marvin Sutton had a very heartfelt ask for this council meeting and I wanted to make sure we acknowledge this request. This evening he has asked for us to observe 22 seconds of silence and awareness of the 22 veterans who commit suicide in our country each day due to post-traumatic stress, traumatic brain injuries, or other issues they may be facing. We urge those who are facing these hardships to please seek out the available resources and remember you are not alone. We appreciate and value your service to our country and communities and now we will commence with the moment of silence. Thank you. 22 seconds. Well, this is one of my favorite times to meet. I'm assuming you have a lot of now. Yeah. Well, this is one of my favorite parts of the meeting because we get to recognize special achievements of our citizens and special things that are going on here in our community. Well, I would like to have D. Barton, Vice President and Brett Smith of the Southwest Little League to come on up and I have a proclamation to present to them. Whereas the Arlington Southwest Little League was named the 2019 Carl Eastoughts Little League Community Award winner to acknowledge their remarkable players, volunteers, extraordinary values and dedication to our community. And whereas the award was named in honor of Little League founder Carl Eastoughts and was created in conjunction with the 75th anniversary of Little League in 2014. And whereas Little League has been celebrated as an organization with over 40 million graduates, 2 million players, and 1 million adult volunteers in every U.S. state and more than 80 other countries, and whereas this honor is of special significance as the Arlington Southwest Little League is the first league from the Southwest region to earn this award. Whereas the Arlington Southwest Little League strives to remain a family-friendly organization known for their welcoming and friendly culture that spreads kindness and introduces life lessons to not only their teammates but to their entire community. Now, therefore, I, Jeff Williams, Mayor of the City of Arlington, Texas, and on behalf of the Arlington City Council, do hereby proclaim June 22, 2019 as Arlington Southwest Little League Day. You all you notice the date they actually had the regional administrator come out and of course we were down at Martin Luther King facilities and to see those young men and women playing in the Little League and the enthusiasm there and then this was a big win wasn't it but I'll let y'all talk a little bit about it and tell about it come on thank you all we pride ourselves in community over baseball and we're really really proud of the fact that that's what we've achieved this award recognizes one league in the world and we're really really proud of it. We could not do it without the city parks and recreation department. They are the biggest part of our community that we can help and we thank you all very much for your Recognize this. Thank you so much. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you, sir. Thank you. Next, there is Dr. Myers. Dr. Faur Myers will come down and make our next proclamation because we have a special event coming up. If Darron Waitis here, if you'd come up and join me, please come stand with me. Thanks, Darron. Thanks for coming. All right. This proclamation is regards to a national home order. So, whereas thousands of working families in the United States hope to achieve the American dream of homeownerships. And whereas homeownership stabilizes neighborhoods, brings a sense of community, promotes a healthy living environment, and builds strong communities there by advancing the city council priority championing great neighborhoods, and whereas expansion of homeownership fosters economic prosperity for families and communities by enabling households to invest in their future, thereby progressing the City Council priority, invest in our economy, and whereas the City of Arlington is actively engaged in increasing homeownership opportunities, and providing quality housing and opportunities for all residents through a variety of programs and services such as the Arlington Homebuyer Assistance Program funded through the Home Investment Partnership Program. And whereas it is essential to provide every family and individual in the city of Arlington with the resources needed to maintain a healthy, safe environment in which you live, learn, and work, and play. Therefore, on behalf of Jeff Williams, Mayor of the City Council, City of Arlington, excuse me, and on behalf of the Arlington City Council, do you hear by Beclean August 2019 as National Homeownership Month. Thank you Mayor and Council of Arlington. This is a great achievement for us. August is National Home Ownership Month. It's something that has celebrated nationwide here in the City of Arlington. We are highlighting our efforts to highlight affordable homeownership in the City of Arlington. And some of you may be aware we are doing a, this is our fourth annual home ownership fair. It's going to be held this Saturday at 8.30 a.m. at the Esports Stadium. We would like to invite all of you that are interested in purchasing a home or a few, know someone that may be interested in purchasing a home. We would like to invite all of them out to come out to this event. It's going to be from 8.30am to 2.45pm. It's going to be a great day for the family, all types of classes on, are you ready to buy home, how to get your credit, scores improved, how to navigate the mortgage lending process, and how to maintain your home after you purchase your home. So please share this information. We would love to see all of you and all of the orange and residents out for this great community engagement event. Thank you. Thank you. And I just want to add to that, Darwin and the staff here really puts on an incredible home ownership fair and the excitement there are the people that attend to get to be able to buy their first home. But then also one of the most important things is the home ownership is one of the top deterrents for poverty. And we're going to make a big dent in that this coming week aren't we, Darwin? Awesome. Thank you very much. Next we'll move to appointments to boards and commissions and I'll turn to Mr. Alex Buskin the city secretary. Thank you mayor. We have 36 appointments to boards and commissions. The Animal Services Center Advisory Board, April Pettit, Place 4, Rhaegalinda, Place 5, Krishandra F Huff, Place 9, the Arlington Housing Finance Corporation, Andrew Peale, Place 2, Ignacio Nunez, Place 3, Marvin Sutton, Place 4, to the Building Code Board of Appeals, Brian Lee, Place 4, Brian A. Perry, place nine. To the Citizens Environmental Committee, Ranjana Bandari, place four, Julia J. Hunt, place ten. To the Electrical Code Board of Appeals, Richard Price, place four, Michael P. Wilson, place nine. To the Emergency Physicians Advisory Board, Andrew Rubin, place four, Cynthia Simmons, place nine, Don Krausen, place ten, Vicus R. Gandhi, place 11. To the Ethics Review Commission, John McKissick, place 4, to the Landmark Preservation Commission, Valerie E. Galloway, place 9. To the Library Board, Peggy Martin, place 4, Karina Kessel, place 9. The Mechanical and Plumbing Code Board of Appeals, Donald Dixon, place 4. The Parks and Recreation Board, Ronald Smith, place one. The Planning and Zoning Commission, Clay Kelly, place four, Cameron Atkins, place nine, Rebecca Boxel, place five. This action corrects the appointment of Ms. Boxel to the Special Transportation Advisory Board, which had been made an error at the June 25th City Council meeting. An accurately reflects the nominating council members' intention to appoint Ms. Boxel to the Planning and Zoning Commission. To the Tax Inc. Reinvestment Zone number one, Ignacio Núñez, place six, Barbara Odom Wesley, place seven, to the Tax Inc. Reinvestment Zone number five, Ignacio Núñez, place six, Helen Moes, place seven, to the Tax Inc. Reinvestment zone number six, Signacia Nunez, place six, Helen Moes, place seven, Barbara Odomwesley, place nine. To the team court advisory board, Christine Heath, place four. The zoning board of adjustment, Theresa Rushing, place four, Dixon J. Holman, place five, and Steven J. Kunkel, place nine. Mayer, this concludes the appointments to boards and commissions. Do we have a motion? We have a motion for approval from Council Member Farah, Myers, and a second from Council Member K. Part, please catch your votes. Motion passes. Next, we move to speaker guidelines in general decorl. Mr. Buskin. Thank you, Mayor. We ask that the citizens and other visitors and attendants assist in preserving the order and decorum of this meeting. Any person making personal, profane, slanderous or threatening remarks, or who becomes disruptive while addressing the mayor and the city council or while attending the city council meeting may be removed from the council chambers. For speakers tonight, when your name is called, please come to the microphone at the podium and state your name and address for the record. During public hearings, the applicant will be asked to speak first and will be given five minutes to make their presentation, and will be allowed three minutes for any rebuttal. Speakers and supporter opposition of an item will be given three minutes to make their statements. To the extent possible, please refrain from repeating testimony which has already been given. A bell will signal the end of each speaker's time. In consideration of other speakers, please wrap up your comments promptly when you hear the bell. We ask that you address your comments to the mayor and council. Okay, next we'll move to approval of items from executive session Mr. Buskin. Thank you mayor, we have one item for approval from executive session. One resolution authorizing the city manager or his designate to execute a fifth amendment to use agreement with AT&T mobility Texas LLC by AT&T mobility corporation, its manager, successor and interest to Southwestern Bell wireless ink relative to the installation of wireless telephone facilities, additional and supporting equipment on property located at 1526 Sherman Sherman Street, City of Arlington, Tarrant County, Texas. May I have this concludes the items for approval from the executive session. Okay, do I have a motion? We have a motion for approval from Council Member K. Part, a second from Council Member Sutton, police catcher votes. Motion passes. Next we move to approval of minutes, Mr. Buskin. Thank you, Mayor. Minutes for approval this evening or the afternoon and evening meetings from June 25th, 2019. Okay, do we have any council members that have additions or corrections? Miss K. Part. Mayor, I'll be abstaining since I was absent. And I will be too, as I was absent on city business. Okay, are there any speakers on this side of Mr. Buskin? Yes, sir. Okay, then I'll call for a motion. We have a motion for approval from Councilmember Nunez, a second from Councilmember for our Myers, please cast your votes. Motion passes. Next we move to approval of Consent Agenda, Mr. Buskin. Thank you mayor. The Consent Agenda this evening contains 22 minute orders, one ordinance and six resolutions. The minute orders seek to authorize one through four annual requirements contracts for pump rentals, for library material and related services, for mowing of code violation properties, and for local digital and long distance telephone and internet services. Five, modification number one to the renewal of annual requirements contract for information technology, temporary personnel services. Six through ten purchase of playground equipment at Fielder Park, of Glock firearms for the Arlington Police Department, of true, NARC, unlimited model for the police department, of Glock Firearms for the Arlington Police Department, of true NARC, unlimited model for the police department, of license plate recognition system for the Arlington Police Department, and of a closed circuit television sanitary sewer inspection system. 11 purchase and installation of HVAC system equipment for the E-Sports Stadium Arlington and Expo Center, 12 and 13 engineering services contract for the water treatment plant scatter program integrator and for water treatment corrosion study, 14 professional services contract for tier of early golf clubhouse HVAC improvements, 15 Tarrant County College Services agreement providing curriculum and training for EMT and advanced EMT, 16 through 19 construction contracts for sanitary sewer lift station improvements. For South Collins Street East Park Rail Drive to East Pioneer Parkway, SBIR 303. For green oak sanitary sewer like Arlington Drive to Pioneer Parkway and Lake Arlington spillway repairs. And for Bowman Branch Linear Park Trail project. 20 service for Water Main Leak Repair at East Division in AT&T Way. 21 open edge merchant payment processing services contract, 22 Texas Department of Transportation, 2020 Ramp Grant Agreement. The ordinance seeks to authorize 23 specific use permit 19-1 BMG Auto Group, 1860 West Division Street. The resolution seeks to authorize 24 green oaks, 42-inch Water Main Emergency Replacement, 25 interlocal agreement with the town of Panthego Street. The resolution seek to authorize 24 green Oaks 42 inch water main emergency replacement, 25 interlocal agreement with the town of Panthigo for water and wastewater service between the city of Arlington and the town of Panthigo. 26th amendment number one to Arlington landfill gas services agreement and site lease agreement. 27 drug enforcement administration tactical diversion squad task force agreements. 28 Southwest Restaurant Equipment Inc. amended and restated tax abatement agreement. 29 Airport Perimeter Fence Replacement Grant Increase. Thank you, Mayor. This concludes the consent agenda for this evening. I'll call upon Council Member K. Part. Mayor, I'd like to remove item 8.23 for separate consideration. Okay. All right we'll remove 8.23 for separate consideration. And Mr. Buskin do we have any speakers in support or opposition as a contingent? Yes sir we have one speaker on item 8.28. When I call your name, please come to the microphone at the podium. Richard Weber. Richard Weber, 2703, Crestmore Court. The issue here is accountability. My understanding is this is the third time this is being pushed back. If you're going to improve this, let's make a motion to delay everyone paying their taxes, their property taxes for three years. I'd like to have mine pushed back, push back everyone else's. Yeah, the signed shield and delivered agreement. And now we're amending it for the third time. This is not accountability. Thank you. Thank you. Any others, Mr. Baskin? The only other speakers we have are on item 8.23. Okay. All right. Do we have any discussion or a motion on the Consent Agenda absent 8.23? Okay. We have a motion for approval of Consent Agenda without 8.23 from Councilmember Moe's and a second from Councilmember Shepherd, please cast your votes. Motion passes. Mayor real quick if I may. Mr. Secretary if you'll show me is abstaining on item 8.17 please. Thank you, Mr. Shepherd. Okay, next we'll move to 8.23 and I'll call upon Council Member K. Part. Mr. Mayor, since we have speakers on this item, I'd like to hear from those speakers before we go further. It'll be great. First speaker is Brian Green. Mr. Green, if you can state your name and address for the record. Brian Green, one thousand eight, four street. Thank you. Mayor councilmembers, I was asked to come here today in case I had some questions to answer. I wasn't really expecting to speak, but obviously I thought this was already voted on and approved. I'm here to reassure that we'll keep our word on all the promises we made. I made an agreement today that we would have been in our certificate occupancy at our current location before we move to the new location. This way it ensures that that will be a good deal. We'll be able to make sure that we're going to be able to make sure that we're going to be able to make sure that we're going to be able to make sure that we're going to be able to make sure that we would have been in our certificate occupancy at our current location before we move to the New location this way is ensures that that won't be used as a Use carload anymore And I'm here willing to do take suggestions and do what it takes to get this thing approved To have any questions for mr. Green Do you have any questions for Mr. Green? Ms. Molyse. I have just a couple. In your plans, what are your plans for fencing your location? I don't believe the plans only call for fencing the back, where are the railroads at? And the other is just like a border fencing, like a pipe fencing. Where's it gonna be fenced? Only in the rear section, where it abuts the railroad. Okay, so just the back of the lot. Yes, ma'am. What about signage? At your current location, the back of the lot. What about signage? At your current location, there are four pretty obvious signs advertising credit and no credit checks and they're pasted all over the front building. What is your plan for signage on this location? I want to have a, I actually had the discussion with Dr. Ferrar-Mierer's this morning about I think one of the main problems on the vision street is the signage that the signs look cheap and the problem with our current signs is we don't own the building. So you know signs are expensive. On the current location it will be a brand new state of the art sign. So you're you're going to maintain signage only on the monument sign at the front of the property. Yes, ma'am. All right. Thank you. Any other questions from Mr. Green? Okay, Dr. Farrah Mars. Mr. Green, thank you very much and I appreciate you meeting with me earlier today. It's my pleasure. I just wanted to reiterate a couple things we did talk about. One, you did indicate that you would abandon your CO at the current location. I heard you just state that, is that correct? Yes, ma'am. You also in our conversation earlier today and for the record, given the changes in state law, you still abide by the fact that you will uphold your agreement with the city if this is to go forward on all building plans as they are currently existed. Yes, ma'am. Okay, again for the audience at home and in the state has passed a new law indicating that cities cannot dictate building materials. So getting this agreement from you is very important. In addition to the last thing, we did talk about your involvement in the community. And I know we had a long discussion at the last meeting about that. You had indicated, you had joined the chamber. And earlier today you indicated that you had wanted to revitalize the Division Street working group to work towards the redevelopment of division street and working with your fellow owners. And I stress owners of the use car because they're not all of them, our owners, as you will be in this new lot. Yes. Is that correct, sir? Yes, ma'am. Okay, I just wanted to make sure that everything we talked about earlier today was still in place. Yes, ma'am. Thank you, sir. Appreciate your time. Thank you. Thank you, Mr. Mayor. Well, Councilmember Cape Hort. Sure. Thank you Mayor. And thank you for coming down this evening. I'm glad you had a chance to visit with Dr. Myers. Yes. But I have a question. So we got the letter from the location where you currently are. Yes, ma'am. And I know you're having to move from there. And I know in the letter, we were reassured that that particular track would no longer be used for use car. Is that property owner willing to re-zone it? So we make sure, because I'm sure his intent is good, but the zoning states are the property, not the property owner. So would that owner be willing to re-zone? So we make sure that we're not adding a use Carla? He says that he is he says he's his low in agreement He's purchasing the entire property part of his financing agreement Is that he's not he's only allowed to use the entire property for his business purpose. He's not allowed to lease it or So it has to well that's that's for him because he owns it. But once he sells it, if the zoning is still there, another owner could buy it and use it. He would have to actually rezone it. It's not just what his loan statement says. Right. This is a new owner and he's actually going to encompass the entire business with his reclamation business. So he's going to take over this part of the, he owns a reclamation business. So he's gonna take over this part of the, he owns a reclamation business next door, and the car lot, he's gonna encompass the car lot to include his business now. So the profit that you're interested in moving to, have you purchased it? Yes ma'am. How long have you owned it? Approx me four years. So was there a reason you haven't moved before? I've been in the process of trying to obtain this special use permit. For three or four years? About two and a half. Thank you. Dr. Nignus. Actually, Mr. Mayor, I think Ms. K. Park made my point that the email that we all received verified that the owner of the building who was in the Reclamation Business is not allowed to use that additional property for any other business at all. He must incorporate it into his business that he's for the loan that he qualified for, which is to stay in the Reclamation business. So I remember at our last meeting that we're not adding a new use card dealer, we're simply moving you to a much better, more attractive location. And thank you for becoming a part of the community and entering into into the new relationships with the Chamber of Commerce. And thank you for being willing to work with the city in terms of the division quarter. That hopefully we'll be able to revisit. Council Member Molyce. I want to thank you for coming back tonight too. And I want to share with you. I still can't support this case because from the standpoint of my many constituents who would like to see major change along division, we just have far too many used card dealerships on that corridor and on the corridor north from Bowen down to the Croprr store. I'm sure you know that I mean I'd spent a good bit of time in the last two weeks driving that and identifying and although the original City Map showed we had about 11 with one of them being yours, and then we still have 11, what we finally uncovered was we had closer to 21 in that small zone. So it's clear that we can state that you need a special use permit, but there are a lot of them operating use permit, but there are a lot of them operating without a special use permit, really using old zoning that's already in place that just stays with the property. And what I want to stress to counsel that, when you vote yes on this, you're putting zoning on this property and through a special use permit that will stay with this property perhaps for generations. It's okay, you're not putting zoning on, you're putting a special use permit on that can stay with this property for generations. And I- It's limited to this applicant only. Holy. Yeah, but he can keep it in his family and so I'm just saying I sympathize with you. I know that you're trying to do better. And like I said last time, this may well pass. And I hope that if it does, that you adhere to what you promised, and that you help us try to, for the neighborhoods who live in the Pope Elementary area and up and down in in a lock-in who uses as a card or to put on the West and to downtown. We need to clean this area up and we're asking for your help. I agree. Thank you. Thank you. Councilmember K. Part, did you or you done? Okay. All right. You didn't have it again. I had any other questions from Mr. Green. Thank you, Mr. Green. Thank you, Mary Consomers. Mr. Buskin, and the other speaker. Yes, sir, we have one additional speaker, Paul Padilla. My name is Paul Padilla. I'm with Multitech Architects and Engineers and we've been hired by Mr. Green to design and site plan the site for the use car dealership. From the very get go, Mr. Green has been upboard and up front saying I want to upgrade the facilities there. I want something that's first class, something that shows, hey, this is this is pride of ownership. I want to set the bar high. And that's what we did and we put in 100% Mason rebuilding in that on that site with a very good looking front. That can be modified if it had to be to be some other type of building. We changed and enhanced the landscape to make sure that it not only meant the requirements of the ordinance but exceeded those requirements of the ordinance. And all along the line, Mr. Green has been like, yeah, let's do it. Let's do it. Let's make this something that everybody's going to be proud of and they're not going to turn their head when they see it. And so I'm just here in support of Mr. Green for this project. As an architect and engineer, I see his pride and ownership and his willingness to go the extra mile to put something on the street that everybody will be proud of. Any questions for Mr. Padilla? Thank you, Mr. Padia. Any other speakers, Mr. Baskin? No, sir. We have no additional speakers. We did have one non-speaker in support. When I call your name, please raise your hand. Pat Green. Thank you. Councilmember K. Part. Thank you, Mayor k part Thank you mayor Miss self. I have a question for you. We've had it stated tonight with regard to the existing property for that Cardi worship Existed and the email the letter we got from that property owner saying You know their loan is based on but but I need clarity here. Based on that letter, can that property never be used for use car dealership again? So currently that property is zoned LI, light industrial, which does not allow for used car sales without a SUV. So this used car sales was there as a grandfather used. Now after the CO is abandoned, that uses gone. And if it is gone out of that property for more than six months, that means that legally non-conforming use has been abandoned. And it can never come back on that side without an SUP. Okay, so that's the existing one. That's the existing one. Oh, okay. Okay, that's helpful. Thank you. Any other comments, questions? Okay. Then councilmember Moeys. Yes, we are. I believe we're ready for a motion. Yes. I move to approve. 8.23 or SUP 191, but I'll be voting against it. Okay, do we? And so let's restate that. You are making the motion to approve it that you'll be voting against it. Against it. Okay. Do we have a second? Okay, here it is. We have Council Member Moees made the motion to approve and Council Member Odom Wesley Seconded Please cast your votes Motion passes Next we move to public hearings ordinances first reading and resolutions. And we have 11.1, zoning case, ZA 19-1, 1201 East Division Street. And the applicant has requested a continuance to October 15, 2019. Is everyone all right with that? It requested a continuance to October 15th, 2019. Is everyone all right with that? Okay. So we will move on then to 11.2, zoning case ZA 19-2, twin hills, 7107, and 7115, lead better road. And I'll call upon Ms. Jinsy Topall, the Director of Planning and Development Services. Thank you, Mayor. The purpose of this zoning case is to make the 5 acre property at 7107 and 715 Lead Better Road with the same consistent zoning as the adjacent property to the south and east so that this land may be incorporated into the Twin Hills residential development. If approved, it is anticipated that the homes that are proposed to be developed in this location will be reflective of the style and value currently being sold in Twin Hills Phase 1 and Phase 2, which is currently under development. The zoning case was continued at Planning and Zoning Commission meeting on June 5, 2019, in order to address concerns expressed by the commission related to soil conditions. The applicant contracted alpha testing to conduct a limited environmental site investigation on the Pruitt drill site, which has been abandoned and plugged. The goal of that study was to evaluate the presence of chemicals affiliated with the drilling process in the soil at the location of the former gas fell site. The soil testing showed that the vicinity of the borings was not affected by the release of total petroleum hydrocarbons and the borings are not affected by the release of volatile organic compounds. If this rezoning is approved, it will result in 29 additional residential lots in Twin Hills Phase 3. Just for reference, Twin Hills Phase 1 is 81 lots and Twin Hills Phase 2 is 116 lots. In the packet is a letter from Twin Hills HOA noting the intent to annex Twin Hills Phase 3, and that the covenants, conditions and restrictions now in place for Twin Hills Phase 1 and 2 shall apply to the proposed Phase 3. The covenants include allowed as well as prohibited building materials. This evening we have applicant Douglas Cooper with MMA presenting the case for you. Mr. Cooper. Thank you Mayor. Members of the Council, Douglas Cooper 519 East Border Street with MMA. Appreciate the opportunity to come for you this evening to present the Z19-2. I'd like to walk you through a brief presentation. Gents, you did a great job of kind of giving a little bit of history. I'll kind of carry that over with a little bit of visuals and then be happy to answer any questions. We've been working on twin hills phases one, two, and three since about 2014. Phase one there at the bottom of your screen consists of approximately 81 lots, approximately two acres of open space. In 2016, we proceeded with preliminary plot of phase two and three, which was approximately 192 lots. At that time, the primit drill saw was still active. And as you can see with this proposed land plan, all the setbacks from the gas well associated occurrences, tank batteries were here too in terms of the 300 or 600 feet. Fast forward a little bit to 2017. We brought a zoning case forward to rezone a gentleman by the name of Mr. Tidwell's property from residential estate to RS-7-2 to kind of marry it up with the zoning that we had already had in place and we pulled that approximate four acres into the subdivision. These is a few photos of the phase one build out, just a few images of the entry features, open space, walking trails, and seating areas. The subject property is shown here in the magenta color, so again, the request is to rezone the former Proof of Drill Site, which currently has a zoning of PD, exclusively limited to the gas drilling use. And we would rezone that to the RS-72 to again pull it into phase three of the Twin Hill development. And here's kind of a final land plan of what the complete built out of phases two and three looked at with that additional acreage. Appreciate your time, appreciate staffs, help throughout this process. You know, we feel that by incorporating this, it's just going to make for a more orderly subdivision, you know, without the rest of Twin Hills. It would be difficult just to develop this five acres until we appreciate your support and approval of the 1819-2. Mr. Cooper, could you go into what you've done going to ask you to ask the staff to do that. And I'm going to ask the staff to do that. And I'm going to ask the staff to do that. And I'm going to ask the staff to do that. And I'm going to ask the staff to do that. And I'm going to ask the staff to do that. And I'm going to do in terms of these additional homes. Just like any developer would initially, they conducted a phase one environmental side assessment. And that's kind of just a real high level look at the property to go out and make sure the side observations to see if there were any, you know, just known spills or anything that would have happened during the drill site during its activity. That report came back with there were no observed issues at that time. When we brought the case forward to PNZ, there were some questions that came out about specific soil testing because in that phase one environmental assessment, no soil testing is actually conducted. So we had continued the case and engaged off of testing a very reputable firm dealing in geotechnical and environmental. They had taken six borings at approximate 10 foot depths to immediately adjacent to the seven former wells, three adjacent to the tank batteries and then one adjacent to the detention pond. And the report came back that as Ms. Topold stated, that the soil doesn't appear to be affected by the release of total petroleum hydrocarbons or volatile organic compounds and that no apparent additional investigation needed to occur. And once that report was handed to staff, I believe it was accepted and there was no kind of further action that was requested of us and the developer certainly felt confident in that report to move forward. Rewind a little bit before the actual testing was done. The Operator total had Followed the appropriate permitting to then shut in the wells so the site's been basically reclaimed to its Natural state walls have been removed the wells have been filled with concrete tanks have been removed And so if you were go out to bed there today you would just kind of observe a undeveloped track. Councilmember K. Port. Thank you, Mayor. Thank you, Mr. Cooper. I certainly am very supportive of rezoning this and incorporating it to Enhills Development. You and I talked earlier today, so you have had a conversation yet with the developer or have you had a chance to do that yet? Sure, no, we have, and I appreciate your time this afternoon. So we had a chance to visit and just kind of so everyone is aware of the aware of what's seen here is what the zoning is in place as well as approved preliminary plat. And then in this image you can see what's already been constructed in addition to, let's say, you know, 20 or 30 additional homes in Phase 2. So in regards to looking at the layout and making changes for the curvilineriness, based on the street alignment that has essentially been set here, and then what we're proposing to move forward with, it would be very difficult to kind of take a departure from what we've already done to create something quite different. Right. The areas that we see where there could be an opportunity to add it, were curve of linearness. I think we would just start to encroach in our open space. And rather than sacrifice open space, either on the end caps where we would have exaggerated sidewalks and landscaping, just to create an ever-so-slight curve in the street. We feel that there's a better benefit to the neighborhood to leave what we have in place and keep and maintain the open space that we currently show. I think it's a great comment suggestion but kind of what's already been done. We'd like to move forward with the plan. Kind of if you see it right now. Okay. All right. Well, I appreciate you're looking into it. And I agree to preserve the open spaces. Probably the better benefit to the people. All right. Thank you. Councilmember Sutton. Yes, Michael. Are there any state or federal guidelines that cover the testing you conducted on its abandoned site? So my knowledge regarding the testing No, it was more so following the row the process is in place that the row of commission has for shutting in the wells But to the actual testing we're we're kind of learning this process as we came along as well. To my knowledge, this is not necessarily the first well in Arlington to have been shut in, but certainly one of the first to have had kind of development and crotch on to it. So we were just kind of going along with the advice of staff as well as some of the feedback that we received from planning and zoning, which when we ultimately decided to move forward with the additional testing. Thanks. Any other questions from Mr. Cooper? Thank you, Mr. Cooper. Thank you, Mayor. Any other speakers? Yes, sir. We have one speaker in opposition. When I call your name, please come to the microphone at the podium, Ingrid Kelly. Good evening, Mayor Williams and City Council. I'm very I'm Ingrid Kelly I live at 902 Bill of Mead Street 76014. I'm very concerned about this proposed residential development at Twin Hills letter Lead Better Road, aka the Pruitt drill site. This is a difficult responsibility placed on each of one of you all. The burden falls on all of you to make a safe and informed decision that will be setting a precedence for this in future drill sites. I urge each of you to proceed cautiously. As your decision will affect future family safety, health and well-being. I implore you all to take the time to consult with impartial expert biochemist environmental scientists. You have access to a world-renowned research university with talented professors and researchers just across the street. And sure that comprehensive standards are set by independent, non-biased experts on how soil testing should be done and conducted. Please research the health risks of the chemicals used at these drill sites and the effects on human health. Material safety data sheets is a start. Don't rush your decisions based on monetary gains for when it comes to safety and health. There isn't a price. I hope your decisions will be informed and your conscience free as you navigate into this new territory that will impact us for generations. Thank you very much. Thank you, Ms. Kelly. We have no additional speakers on this item. Okay. Any questions, comments from Council Members? You know, this appears to be a good use of the property, but I couldn't agree with Ms. Kelly Moore in the fact that this sets a precedent. And for us to take a little time here to be sure that we have done everything we can to make sure that this soil is not contaminated and that everything is in good shape. I want a compliment Mr. Cooper for what he's done so far there in it, but yet I do believe we're going to have a lot of other shut down wells here and I think that for us to develop the procedure we had a discussion this afternoon even in the work session there about that and I just think it would be a good time for us to take a moment and pause and make sure that we are doing everything that we can to ensure that this would truly be a safe and secure home site there. So I would like to entertain that we continue this case if I have support for that and maybe the applicant would be willing to let us do that. Mr. Mayor? Yes, Dr. Nignus? I'm intimately aware of this case. And the reason I'm intimately aware of this case is that I was serving on planning and zoning in June when this case was approved by planning and zoning. And the reason that it was approved, I did a lot of research. And my apologies for probably not speaking up a little bit earlier. Unfortunately, the question was asked and it was probably answered incorrectly. But the environmental protection agency is responsible for setting the guidelines for testing for various poisonous compounds in the United States. And there are some very specific phases by which companies are required by the EPA to test the dirt around not only oil wells, but also any other facility where there were dangerous chemicals. This applicant went above and beyond what was required of him. And the only reason that he went above and beyond what was required of him was because of the knowledge that existed on the planning and zoning commissioners, those commissioners knew that something else should have been done. To simply pass this zoning without any kind of testing at all would have been, in my opinion, what's the word I'm looking for? Irresponsible, exactly. And so for that reason, we ask the applicant to do some really good testing. Some of the testing that the EPA recommends is what we call superficial testing where they basically use a hand trough or a trough and go down to adapt the six to eight inches to see if any of the soil has been contaminated. This applicant went to a much larger lab and they went 10 feet down in the ground around where this well was, looking for petroleum products and volatile organic compounds, which are basically the byproducts of a variety of different solvents and chemicals that are injected into the ground during the fracking process. Therefore, when the results came back negative from this reputable lab, at that point in time, the commissioners felt that their due diligence had been completed and that it was in their opinion that this development should be allowed to go forward. What I do absolutely agree with is that this case presented the Planning and Zoning Commission and now presents the City Council with an opportunity to do something concrete in terms of codifying and putting into zoning laws or putting into our UDC some type of rules and regulations because Mr. Mayor you were absolutely correct. This is going to happen again and again and again. Right now, if someone else wanted to build on top of another abandoned gas well that had been plugged up with concrete, we still don't have any rules at all for the city to enforce testing. The Planning and Zoning Commission caught this because there was no rules and we asked them to go above and beyond. I think, in my opinion, based on all the stuff that I've read, and I've read the reports not in our packet, I went back to look at it in the zoning, planning and zoning packet, and unfortunately, GenC, it's not in there. But there was a very large multi-page laboratory analysis of exactly what they were looking for and what was in there. Nothing dangerous was in the ground. That's the kind of testing that we have to do going forward in the future. I think this particular development is fine to go forward in my opinion. Councilmember Shepard. Dr. Noonia has kind of stolen my thunder a little bit. I know we had a brief discussion this morning or in the work session this afternoon about the need to do it. I don't disagree with that. I've got my own opinions about how far down the slippery slope we go. And whether we require it, how much we require, they've punched how much is enough and where is it supposed to be? And I'm not sure given the EPA and the railroad commissions authority over these kinds of things, the TCEQ. I don't know that where the authority on that should we require some testing, yes, what that testing should be. I don't know that we're the ones to speak to that. But getting back to what Dr. Menunia said, you know, I think the applicant in this case voluntarily did the testing, perhaps they didn't have to do it, but they did it. And according to the results, there was nothing there. And so if the applicant is willing to continue the case on their own, I'm happy with that. I'm not comfortable forcing the applicant to continue the case until we come up with an idea, because it may be 18 months before we come up with that idea. We're not this solution that we find is not going to be found in the next couple of council meetings. And so for that reason, I don't want to inconvenience the applicant. So if the applicant's willing to do so, I'm happy to do it. And ordinarily, I don't oppose motions for continuance because they're usually for the good but I don't see this problem or problem. This solution appearing in the next 60 days and even 60 days may be an inconvenience to the applicant in their development plan. So I can't support that unless the applicant can but I'm just one voice on the council. Mr. Cooper. Thank you Mayor. Thank you for your concern. I appreciate your comments, Dr. Nunez and Commissioner Shepard, or excuse me, Council Member Shepard. And thank you, Mrs. Kelly for being here. I think I would tend to agree and less on the continuance, we're kind of clear and defined in what we would try to accomplish in that time frame, and what the end result would be to get everybody to a comfort level. I mean, as you know, at the development, we've got a long road ahead to plough in terms of even being able to start construction. So I think there's even time, post zoning that we'd be happy to work with staff on being part of the solution to come up with this process. I mean, we do plenty of work here that we and we'd love to have some input and even how that looks and how that unfolds. So if it would please the the council I think we would be willing to you know Would we would like to move forward this evening with an action Provided the the continuance that we we went through in PNZ However, if there is a large express concern about moving forward We could we could take that under consideration. I think it's worth pointing out again though that there are none of the the plugged wells are actually in a proposed single-family lot so they're not in a Future lot that somebody would purchase their their they're kind of confined within an open space so not sure if that Effects anybody's opinion, but just wanted to make that clarification if there wasn't. Well, I'll restate. Well, let me go to Council Member K. Bart. She'd like to talk. Mayor, with regard to your request for continuance, I could certainly support that. But if we can accomplish what needs to be between first and second reading, maybe we could go ahead and hear the case tonight. This should at past tonight then between first and second reading, maybe from your perspective, Mr. Mayor and from staff's perspective, we can forgive the pun, drill down a little bit further about what else we might need to see from you, or some testing. And that way we've kind of moved it forward, but we still could stop it at second reading if we're still not comfortable. Mr. Mayor, would that satisfy you? Well, I think maybe clarifying a little bit. First of all, level one is a very basic. It doesn't even get very far at all. And we can consult with experts including the regulatory agencies fairly quickly to find out what to do because right now we're talking about homes and we're talking about safety and this has been one of the most volatile topics that we have here in our city. And so the council may choose to go ahead and move ahead, but I'm not gonna vote for moving ahead until I have the opportunity there to be able to consult after hearing what we had from Ms. Kelly and then other citizens here that I wanna be sure that we have actually done not just relying on P and Z, but I would like to do due diligence myself there on it. And so I'd love to have that opportunity here, and we will have it between first and second reading anyway. Yes, Mr. Shepherd. Just a point of clarification. I think what I heard Mr. Cooper say is that they got a phase one study initially, but in response to P&Z's request, they did a limited phase two study which involved borings 10 feet deep. Is that correct? We did a limited site and investigation assessment. So it's not a complete phase two, so it was strictly soil testing. But there were borings done. Correct. It wasn't just a phase one study. Correct. Okay. All right. It just want to be sure I didn't miss you. Clarification. When is where when are boring studies actually required? Is it phase two or phase three? Because it was my understanding and reading through the literature that it was actually phase three that actually mandated that that be done. So, but either way, I'm glad you did it and thank you. Councilmember Peel. Sorry. One thing that is rookie mistake. One thing that is not been considered here is that your client faces potential huge legal liability if they sell a home to a family on contaminated soil. So they have every incentive to make sure this issue is addressed properly and also I believe there's issue of disclosures as well. That might be why your client's not putting an actual home on the drill sites because then you'd have to disclose that to a potential buyer. So what I'm saying is that it's actually in your client's best interest to make sure these issues are addressed so they don't buy themselves a problem down the road. And that's something else's council we'd like to avoid in development as well. The council member, K-PAR. May your request for a continuance doesn't require the closing of the public hearing. So I'd like to move to approve your request for continuance. Councilmember for our Mars. Thank you, Mayor. I'm sorry. I had a request to speak in there for a while. I'm sorry. You bet we'll hold that. Thank you, Mayor. I'm sorry, I had a request to speak in there for a while. I'm sorry that- You bet we'll hold that. Thank you very much. Actually, I was going to support your call for a continuance. I feel I should, earlier today in the work session, I was the one who asked for future research, future agenda item for us to discuss. Place putting into the UDC, the actual steps that would need to go through beyond the TCUQ requirement at the capping so that we could ensure. And I, Mr. Peel, articulated much of what I was going to say, which is I believe that we need to take that extra step to make sure that we cover the liability and I would think it would be in your best interest to do so. So for that reason, I would be supportive of a continuance. Certainly if we go ahead, I would have difficulty supporting the case as is without out that further assurance that use your owners would be protected. And I think this is precedent setting as you articulate it your own self so I think we really need that time. Thank you Mr. Mayor. Okay so we have a motion for continuance from council member K. Could I just before the motion? Yes. So just so I'm clear when I go back and visit with the developer what would I, beyond obviously continuing this conversation, post-meeting, the direction or the kind of the goal we would be looking at, or the expectation of us, or is that something, or not necessarily clear about, or not know, and we talk about that. I think we definitely have staff look into it with our experts and our regulatory agencies there to make sure there isn't any problems there in it And see where we could go from here So I think the continuance would be just to August the 20th which is our next meeting Mr. Mayor, I'll second that motion All right, so we have a I'll second that motion. All right, so we have a, I think we already had a motion there from Council Member K. Part II from Council Member for our Myers and Council Member Ninius. There, so all in favor, please cast your votes, our opposed. motion passes for the continuance. 2 August 20th. Yes. Okay, next we move to zoning case PD 18-16. JAMP Bowman Springs, 4727 and 4735 Bowman Springs Road and 7103 and 7105 West Interstate 20. Ms. Topel? Thank you, Mayor. The development plan is for a total of 200 unit independent senior living facility on approximately 9.34 acres. The development proposes a density of approximately 21.41 dwelling units per acre. On Thursday, September 27, 2018, the applicant met with the surrounding property owners, representatives from homeowners associations, former council member of allman and city staff to meet and discuss any questions or concerns regarding the proposed use. The request proposes the development of a gated community with an approximately 200,000 square feet five story structure that steps back to three stories containing 188 dwelling units, and approximately 21,000 square foot clubhouse, and an approximately 1200 square foot leasing office atop a podium parking. At the Eastern Property Line, 12 one story two bedroom villas are proposed adjacent to the established single family development. This request is not a tax credit project, but a market rate one that will be age restricted to residents 62 years and older. The proposed primary exterior finish materials are brick and stucco, and secondary exterior finish materials include court and metal panels. This evening we have applicant Mark Tolson of Arrived Architecture Group presenting the case. Just Tolson. Good evening there and council my name is Mark Tulson arrive architecture group 2344 highway 121 Bedford Texas here tonight to represent the Jamp senior living community. Jamp Enterprise is the owner and I have here tonight Jeff Jeff McKinney, who can answer ownership question. Our civil engineer is Kim Lee Horne and Joe Fakaro is here from them to answer questions. Our firm does senior housing across the country. I serve presently on the American Institute of Architects Design for Aging Subcommittee. We did the Watercress Mansfield campus that's familiar to many Arlington residents. We found in this business, and the 21 years I've been doing it, people want to retire and live in their community. Arlington is a great city with a great market for senior housing and people want to live close to their family and where they've spent their lives. We've liked this site. It fits all of our things we've been looking in southwest, Arlington for quite a while. We like sites that are close to roadway access, homes nearby, some type of amenity like upon and trees, and this site checked all the boxes. This 9.34 acre site has been looked over and basically left over as the residential developments around it built up. It's difficult to develop this site with a proposal for some town homes there and because of drainage because of limited visibility off I-20 it's been a difficult site. So when we started working with the site we did extensive drainage studies I went over that for nearly 10 minutes at Planning and Zoning I will not do that tonight but I have it if you need it. But we have a complete engineered drainage study each time we met with homeowners. That was one of the big discussion items. The pond that's there is not engineered and has a dam that was put in by a farmer who knows. So we will improve all that bringing up to city standards and it'll be safe and engineered. We did have a neighborhood meeting on September 27th at the Arlington Library had a constructive detailed Frank comments and mostly positive. So the plan before you tonight represents those comments. Again we're doing a 200 unit age restricted property. We have two building types we have a large building in the front that has 188 units. It's three and five stories. The entire first floor of that building is a parking garage. So everybody will have a parking garage included in their rent. We'll also have the improved pawn to the east as one of our amenities. And then to the north we'll have single-story cottages with a one car garage. You can see from this exhibit that the portions that are one story or everything in yellow, you can even see the adjacent homeowners, that the majority of the site is one story. The green is the three story as it steps closer to the neighbors and the blue is the five story. It's about 11% of the site. So we've had calls from neighbors talking about five story building. It's just 11% basically literally right up on the highway And so that was very intentional for us We're trying to save as many trees as possible on the site and Keeping that as much as we possibly can We'll have landscape buffers and a walking trail that's connected to the east and west Beaccess gate for a neighbor to be able to walk on our property One of the big topics we had with neighbors was I-20 access, which we were able to get. 100% of our construction traffic will go off I-20 and our day-to-day traffic will be minimal going on to Bowman as a secondary exit and then gated emergency exit to the neighborhood in the east. We at Planning and Zoning requested that we build a foot masonry fence to the north and surrounding the homeowners of the north, we agreed to do that. And these are some examples of what that might look like. You can see the driveways and this exhibit. And our building is fairly straightforward. The first floor has 227 parking spaces and our clubhouse, including our spa, indoor pool, and the upper floors are residential and you can see kind of the step back in that. These are renderings of our building. They show this is looking back to the south, it shows our entrance, the pond, and the one story, town, a one story villa buildings. This is our main entrance. You can see it's a modern fresh architecture that we really have done well with. This is the corner bone in Springs. You can see the five-story stepping down to the three-story. And this drawing shows the backside of the building, the three-story to the five-story. The three-story portion has no vision windows or balconies facing the neighbors. And I've talked to almost every neighbor along that street and they've been happy with that. And you can also see our podium courtyard that there will be activities there. These are some examples of what the podium courtyard look like. This is one that we just completed in Frisco. And units will be able to walk out onto those. Our project will feature high-end finishes and spaces. And about a time. We just appreciate your time on this. We did have a called special meeting with Councilman Peale with a neighborhood association. Definitely appreciate you for stillitating that. And Danielle and her staff have been great. We're here to answer any questions you have. Council Member Peel, just wanna clarify that while in the packet there was an opposition letter dated June 18th, 2019, that was from the Canada Lakes Estate Homeowners Association. That's subsequent to that as after my eGrid meeting the applicant came and spoke to the entire Homeowners Association board after that, especially once they found out the property was age-restricted 62 and above and chanted lakes opposition to the project evaporated they no longer feel that way. And then to go beyond that, he actually at my request, because I know several people on the street whose backyards would connect to this development, he went and met with them. And after speaking with them, we've determined that the drainage improvements that this project will provide on this very old, ratty piece of property that really looks awful will actually benefit the people that live in the residential neighborhood adjacent by reducing water runoff that they currently experience that causes them great problems. There's a detention pond at the front of the facility and it's actually going to improve their homes. So they have all spoken with me and told me that they are really appreciative of the reassurance and the design changes including the fact there will be no windows that people will be looking out into their backyards that all be the high level windows so I just want to say thank you to the applicant for jumping through all those hoops and reassuring people and Let the rest of my council colleagues know I'll be supporting this project Any other questions from mr. Tulson or comments? Thank you, Mr. Tulson. Any other speakers, Mr. Buskin? Yes, sir. We have two speakers on this item. One in support and one in opposition. The first speaker is Wayne Bergdorf. Good evening, Mayor and Council. I'm here in Arlington. Good evening, Mayor and Council. I'm Wayne Bergdorf, 2413 Lakeside Drive here in Arlington. I'm the real estate broker that has listed the property representing the seller. The seller is a local Arlington family that bought it as an investment a few years ago with the existing zoning that is in place now, they'd never move for a different zoning. I started marketing that property in 2014, four and a half years ago. So I've been the boots on the ground guy the last four and a half years and I believe there were some that went before me. But I was the one talking to prospects and talking to a lot of the neighbors about the property and the development. You know, there were a lot of contacts, about almost 200 to date for that time. And I might add, it hadn't come up in the testimony, but the current zoning of the property, the four acres at the hard corner of Bowman Springs and our 20-zone CC commercial, then there's a three-acre zone for offices next to it to the east, and then the rest is zone residential. So there were some calls for people that wanted that for acres of commercial that could come build a convenience store or a retail building or some kind of office without zoning change at all, if they'd developed that part. And it was a little scary because that way neighbors had no input whatsoever. So I was relieved to see that this was a PD showing exactly what would be built. Through that marketing, we had lots of folks step up. There were lots of single family developers, lots of town-honed developers. As you can see, the shape of the side is kind of a skinny flat J. So the shape is very difficult. It was very difficult to try to put a city street through the middle of it and have a double load of lots. It just functionally and economically was the square pegging around whole situation. So that never really worked. So it became apparent that the ideal development would be as a campus use or a single plated site, if you will, where internal circulation could happen. It wouldn't be city streets. So given that, an ideal use would be campus and then more and more as the senior housing segment is growing in the real state world, in the development world, it came obvious that a senior housing site would be ideal for this site. You've got the major custom housing stock near Lake Arlington right there where folks want to if they want to move out of their custom home they want to stay close to their neighbors and friends and where they shop and go to church and and where they fellowship. You have younger folks that are moving in those houses that want to bring their their parents close and live close so it made a lot of sense given the demographic of the area for senior housing on this site. Given that, and with an emphasis on marketing towards senior housing, it was contacted by JAMP, the developer. They agreed with the things I thought of. It checked, like he said. It checked all the boxes. They put under contract, been very impressed post contract at their diligence in the public meeting, working with staff, working with neighbors, they did a professional job from engineering to architecture to development, and I must say I hold hardly endorse this project. Any questions from Mr. Bergdorf? Thank you Mr. Bergdorf. The next speaker is Richard Weber. Okay. All right. No other speakers? No sir. Okay. Then I will close the public hearing Then I will close the public hearing and any discussion. Well, I'll start out because I know this property so well. Mr. Burgdor, thank you for working this property. He has brought some really exciting projects on there and they couldn't make. Could they? I mean mean economically they were just not able to be successful here this also is a piece of property that's in a key location there and and of course Bowman Springs is really a gateway there in in Southwest Arlington and we had trouble with dumping on this site and and then as Andrew said we've known it as a kind of a scab piece of property. However, when you walk around it, it's got some beautiful trees and so forth, but the dumping there on the front is given it a bad reputation there in it. Well, you can find the very need that we have for senior housing. We are way short on senior housing. And then I love the combination of what you've done here and paying attention to the neighbors. And then two, getting us some density there on the front so we can have more seniors there. And then of course, cutting down on that maintenance also. It's a product that we get asked for every day. And then also, this is in Southwest Arlington, where we don't have much, do we, Miss Capehart? We're trying to get more. And so with that, very excited about this project, the only thing that I would like to add to that though, is that we appreciate your project in Frisco, and it's good, but we expect the one in Arlington to be better and great You know here with it Because we built a little better a bigger and better here in in Arlington But I'm excited about it in all seriousness and I think it's a great project any other comments or anything from council members Okay with that do we have a motion? Okay, council member Peel has made the motion and we have a second from council member Shepard. Please cast your votes. Motion passes. And thank you for your investment here in Arlington and looking forward to what you're about to build. Thank you. And then one last question, one of y'all going to start. As soon as possible. Okay. That's great. Great. Thank you. Okay. Next, we move to property exchange here in 2,200 Greenway Street, Helen Wessler Park for Roark Elementary School. And I'll call upon Mr. Stewart Young, a real estate manager. Good evening, Mayor and City Council, Stewart Young, real estate services. The Arlington Independent School District has requested a transfer of city property known as Helen Wester Park, located at 2200 Greenway Street, in exchange for property that is currently the site of Rorak Elementary School located a few blocks away at 2401 Robert Circle. At this time, AISD has established the need for additional land adjacent to Knox Elementary School for the relocation and expansion of Carter, Jr. High School. The land adjacent to Knox Elementary school is currently being utilized as Helen Westler Park. In exchange for the Helen Westler Park property, AISD would convey the city the property that is currently the site of the Rohark Elementary School. AISD only desires to proceed with the exchange of the Rohark property for the Helen Westler property in the event that the bond election is called and is successful. In 2006 and 2012, the city improved Helen Wester Park in part with federal community development block grant funds in the total amount of $424,041. If the city moves forward with the change in location of the park, community development block regulations require a 30-day public notice and input on the change in location of the park, community development block regulations require a 30 day public notice and input on the change of use. Even though the use of the project will remain as a public park, the city is seeking public comment on the change of location of the park at 2200 Greenway Street to 2401 Robert Circle, approximately three blocks north of the current location. Furthermore, excuse me, in accordance with chapter 26 of the Texas Parks and Wildlife Code, any sale of lease, including a transfer that occurs to park land, we need to number one, determine that there is no feasible or prudent alternative for the taking, and that number two, the process includes all reasonable planning to minimize harm to the land. At this time, I'd like to turn over this public hearing to the superintendent of Arlington Independent School District, Dr. Kavasos. Dr. Kavasos, we're excited. You're here. Appreciate your time to come up here and do this. Thank you. Thank you, Mayor and Council, City Manager. What a unique opportunity to practice for the State of the District tomorrow. I'm kidding. That's a little joke. OK, so this afternoon or this evening, we'd like to ask for your consideration as you heard for this exchange and this resolution. So I'll begin with our mission statement because I think that grounds our work and reminds us why we're trying to do the things we're doing in education. So empowering Gates all students to be contributing responsible citizens, striving for their maximum potential through relevant, innovative, and rigorous learning experiences. And that's what we try to do every single day. Our capital priorities to support our mission include looking at capacity Our capital priorities to support our mission include looking at capacity for our projected enrollment, learning spaces to support our instructional programming, protecting our investment, looking at current technology, increase access to programs and excellence for all students. We've conducted a needs assessment, a capital needs assessment. We've been in that process now for over a year and a half. And we've looked at different enrollments, programming, fine arts, athletics, the age of our facilities, the operations, the efficiencies that need to be taken into consideration as well. Here are some of our assessment findings. We need programming to support full day pre-kinder in Arlington. And as I've shared before, our neighbors are big neighbors, they already have implemented full day pre-k and this is something that would be an equity issue for many of our students to have full day pre-k. Thankfully the state also agreed with that this time and their funding some of that, but the facilities need to be upgraded for that. Juner High School of Fine Arts and Dual Language Academy is the support of those very popular and robust dual language fine arts career tech. Playgrounds in our elementary schools is an upgrade and is an access for our students, kitchens, restrooms, athletics, fine arts facilities, looking at the age of our facilities, capacity at elementary, life cycle, and operational efficiency. kitchen's, restaurants, athletics, fine arts facilities, looking at the age of our facilities, capacity at elementary, life cycle, and operational efficiency. So all of these assessment findings were completed as a result of our comprehensive facility assessment. And so we get to one part of that assessment finding, and that's what we're here tonight. And so it relates to East Arlington Schools and opportunities. And you know, and you remember in the 2014 bond, the opportunities to be interdependent with our projects and solve some persistent issues in our school districts, such as career tech and East Arlington overcrowding and things like that, and being able to do that. So as we look forward, specifically in East Arlington as one component, utilization becomes an issue of our specifically in East Arlington as one component, utilization becomes an issue of our schools in East Arlington as we now introduce full day pre-K. Cardigene High is fully utilized as an example, and we'll talk more about that in just a minute. The condition and age of some of our facilities is specifically in East Arlington, poses a challenge as we continue to invest money into those schools, the return is just not there. Now those schools are safe and they're functioning. It's just they're not as efficient as they could be, and certainly not the learning spaces for our students. The Carter site is undersized and erosion, as you're well familiar in the adjacent creek, begins to impede the use of that site as we look at it full functioning junior high school. And so as we began working on this needs assessment and had the engagement of our community and our staff and our board, some of these things begin to emerge just to how we could connect some of these projects to fully utilize some of our facilities, improve our facilities, and also be efficient at the same time. And so the board put together a Capitol Needs steering committee. And tonight we have and I'll introduce everyone here, but we have our co-chairs of that committee, Gene D. Kine, Gary Hill. We also have Cindy Powell, our CFO. We have Kelly Horn, Executive Director of Pine Services, and Ms. Kishame is our school board president here tonight. And so this Capitol needs committee spent many, many meetings as you're familiar. You've served on that committee before some of you to begin to prioritize these needs and they went through a process for that. They had steering committee meetings. They had subcommittees. They had community dialogues. We had 2,500 community dialogue surveys that were completed, and so all of these things now begin to emerge and call this into this 2019 potential bond program. So our prioritized capital needs summary, as you'll see on that slide, for facility safety security technology transportation and binards, total $965 million in terms of capital needs summary for that. So back to you, starting to, part of this plan includes operational efficiency and some interdependent projects, so we'll kind of start from the bullets there. Closing RORC and NOX Elementary to not only eliminate the capacity that we have in those schools, but also to not have aging schools in such a condition. Resoned Rorak and Knox students rebuild Thornton, Barry on current sites. Some boundary changes to accommodate this move that includes Barry, Crow, Blanton, John's, Rankin and Thornton. And part of this discussion, obviously tonight is to swap with the city of Arlington, the Rorakland for the western parkland, so that we can then rebuild Carter, Junior High on the current NOx and western park site. And then we'll repurpose existing Carter site for another use, and that's to be determined. That's not something that's part of necessarily the bond, but we know that that would be a facility that would be either repurposed or not exist anymore. So as you look a little closer, we'd like to minimize that disruption, but also create efficiencies at the same time. And so I think this is kind of a telling slide as we move or potentially move Carter, junior high to the NOC site, it is actually closer to the population that attends Carter. And so if you look at the blue dots and things like that, those are the student population for Carter. So currently, where Carter is, it's actually further away from the student population center as we move it closer. So obviously, the new Carter would have an athletic field and we would turf and track that field and obviously open it up for community use to not only be an upgrade to our card to junior high site but also continue to open those facilities up for the community that could get use during when we're not in school and things like that. A little closer, this is the Knox Elementary site, including that park. This is the Roar site, which is pretty compact in terms of our facility and our aging facility there. And so some expected outcomes of this particular portion of the bond recommendation is significant investment in East Arlington, replacing aging schools, rebuilding schools, five of them, new modern learning environments for students with the next five years, locating Carter and a more appropriate site closer to the student population, improving the utilization of our facilities, implementing obviously full day pre-kinder, safety and security improvements, and operating efficiencies with closing down to schools, and consolidating those, we do get some efficiencies with that as well, so it helps in many ways. You have the resolution, you've studied that, these are just some highlights. Obviously the Roar Excite for the Western Park site. Obviously contingent on the passage of the bond proposition to fund the identified facilities. We'd get independent appraisals for the property, AISD, demolishes Roar, that's our commitment. And then we would compensate for the difference in appraised values of the property and redevelopment of the park improvements comparable to existing improvements currently in the western park. And then we would dedicate a drainage easement to maintain drainage across the current western park site. That's something that we've been discussing with city staff as well. And so this is again one of those opportunities that presents itself to really be interdependent and accomplish many things with one kind of recommendation here. Kind of the next steps that will come before us very quickly. August 19th is the deadline to call the Bond election if we do so or the board does so. And we have a meeting August 8th, August 19th, and then the election will be in November. That is the path and the timeline. Again, I appreciate your support of this and your willingness to also help in the investment of East Arlington and help us create a better learning environment for our students, but also upgrade many of our schools and our facilities. With that, I'm open to, well thank you, it says they're big on the slide, but then open to any questions. Okay, I'll call upon council member Peale. I grew up attending the first Presbyterian church that's immediately adjacent to the Carter Junior High current site and I still have lots of people that go there. And they asked me, what is the school district going to do with the old Carter building? Because we're concerned it'll sit empty and derelict and not look good. Are you all going to demolish the old Carter building into a green field side? That's correct. Our plan is to demolish it and then repurpose the real estate for other use, including for sale or a use in the future for the school district. So how quickly would the demolished happen? Well, that's a great question. We, you know, as we cover these items, we would like for them to happen right away. But we know it's a five year bond. So it would happen within the five years, would be my expectation. Have been some discussion with city staff about would it be appropriate or necessary to repurpose some of the facility, not all of it, gymnasium areas, that even consideration, the current field and things like that. And so, but for the most part, unless there's something that emerges like that We would we would not have that facility in our in our Kind of portfolio. Thank you Any other questions for Dr. Cavazos Okay, thank you, Dr. Cavazos Mr. Buskin are there any other speakers on this item? No sir, we have no additional speakers on this item. You know, it's an awesome thing when we have an opportunity to help education and then it's also been a great relationship between the Arlington Independent School District and the City of Arlington. This is incredible to be able to facilitate the 21st century of education here in East Arlington. And when we see what is happening over there now, we've got the diaper career and technical center in there, a new opportunity zone that's been created. Housing is a new housing is now being constructed in East Arlington. And then you look at all of the jobs that are being created around it there. And when I think about what these new elementary schools will do for the spirit of not only our students, but also their parents and the people living around there, it's a phenomenal thing there with it. So I wholeheartedly support this, and I would like to make the motion. Oh, I need to close the public hearing. Thank you, and I saw this. I got a little enthusiastic about this one. So I'll close the public hearing and then I'll make the motion for approval and council member for our Mars. Mayor, thank you very much. I appreciate it. Be very close to hearing. I just want to say thank you to the volunteers on the board. Volunteers as well as the board for working so diligently on this package. And as an educator, I just find it very appropriate that you are thinking ahead to the 21st century kind of education that we need to provide our children and also specifically for your investment in this area of our city. So, sir, I just wanted to make that comment. So, thank you mayor for the time. And are you going to make a second or somebody else already done it? Mayor Hitchcock has been done. Council member K. Park got her in and there. Okay, so we have a motion for approval there for myself and then Council member K. Park seconded any other discussion? Okay, seeing none, please cast your votes. Motion passes unanimously. Looking forward to the future and thank you all very much for coming out tonight. Thank you. Okay, next we move to ordinances. First readings. We have Texas Rangers Complex Development Project User Taxes and I'll call upon Mr. Ethan Claus Treasurer. Thank you, Mayor and Councilmembers. In front of you tonight are two ordinances to levy taxes that the voters approved back in November of 2016 with the building of the new Rangers ballpark. We had anticipated that the Rangers would be coming to us to issue this incremental financing bonds that these taxes will support. They finally approached us in late May. This will be the first reading for issuing these taxes that will go into effect once the new ballpark is open. They will remain outstanding as long as there is debt to that it's supporting. If you have any questions, I'm happy to help. Any questions? Seeing none, thank you. Mr. Buskin, are there any speakers on this side? No, sir, we have no speakers. We do have one non-speaker in opposition. When I call your name, please raise your hand. Richard Weber. Thank you. Okay. Then with no other speakers, then I will call for a motion. Thank you. Okay. Then no other speakers, then I will call for a motion. If I may just clarify your voting on both A and B. Okay. So we have a motion for approval of 121A and B from Councilmember Shepherd and a second from Councilmember Moe's, please cast your votes. Motion passes. Next we move to resolutions and we have tax increment reinvestment zone number one, City of Arlington, Texas, downtown West Street underpass mural and I'll call upon Miss Ann Foss.oss bringing his presentation. Good evening, Marin City Council and Foss Principal Planner, Office of Strategic Initiatives. You have before you a resolution authorizing the Chair of the Board of the Tax Increment Reinvestment Zone number one to negotiate and execute a contract with Chris Bingham for design and painting of a mural on the West Street Railroad underpass in downtown Arlington. The contract is in an amount not to exceed $50,000, conditioned upon receiving formal consent from Union Pacific Railroad. Happy to answer any questions you may have. Any questions from Ms. Fals? For the audience too, we did discuss this in work session. A lot of the work that we do does take place in those discussions. And you can find it there on our website to be able to look at if you didn't see it this afternoon. So seeing no questions, thank you, Ms. Foss. Thank you. Any questions or a motion? Well, let me just make a said do we have any speakers on this side? Yes, sir. We have one speaker in opposition on this item. Richard Weber. Okay Okay Mr. Weber. Richard Weber 2703. Christmas Court. Personally if we're going to spend $50,000 tax' money, right to much rather see half of a police officer. Unfortunately, this doesn't get prioritized against that because this Council in previous action extended TURRS number one, forever and ever and ever, it seems like. The money gets siphoned away from the general fund and this gets its own special funding and doesn't have to be prioritized against things like police officers. The process is wrong. The siphoning is wrong. Thank you. Thank you, Mr. Weber. Is there any other speakers, Mr. Beskin? Yes, sir. Okay. Any discussion or a motion? We have a motion for approval from Council Member K. Part, a second from Council Member Shepard. Please cast your votes. the motion. Next, we move to consideration to call a public hearing. Zoning case PD 19-4, Provident at Debbie, 8150 south Watson road. I'll call upon Mr. Jennifer Peruvian Planning Manager. I'll take that. Ms. Topo. All right. Ms. Topo, would you handle this one? All right. The property is addressed at 8150 south Watson Road. On July 10, 2019, the motion to approve PD19-4 failed at the Planning and Zoning Commission meeting for a lack of a second. The item before you is to allow for the consideration of a public hearing for this zoning case. If consideration is approved, the item will be on a future agenda date at County City Council after required notification. The development plan is for a 331 unit gated multi-family development on approximately 17.15 acres and it proposes a density of approximately 19.29 dwelling units per acre. Any questions for Ms. Topel? Okay, then Mr. Buskin, are there any speakers on this item? Yes, sir, we have three speakers on this item. One in support and two in opposition. When I call your name, please come to the microphone at the podium. David Holland. on the podium, David Holland. Good evening Mr. Mayor, Council, Dave Holland with Provincial Realty Advisors, 10 to 10 North Central Expressway, Dallas, Texas, 75231. Do not have a presentation prepared for you this evening, but I just wanted to let you know that we have compelling information that we would like to be able to present on the public hearing on August 20th if so allowed to go forward. We have been the planning zoning commission twice and we felt that we have answered their questions regarding drainage traffic schools and the need for apartments on the site. And we'd love to be able to present that opportunity to you back in the public here in the form. Any questions? Council members? Okay, thank you. Oh, Ms. Tobel. It's won't be for the August 20th because we won't have notification done by that time. So it'll be the meeting after that. Fine. All right. Okay, thank you, Mr. Hall. Thank you. Mr. Buskin, are there any speakers on this item? You know, some more? Yes, sir. Kim Dennis. Miss Dennis is the first speaker in opposition. Ms. Dennis is the first speaker in opposition. Thank you, Mayor. Council. Kim Dennis, 9319 Marble Falls Drive, Arlington. In the Southwind addition adjacent to where this planning and zoning is being proposed. We have 624 homes in our community and then we have 153 more homes that will be just adjacent to this property that are considered a newer addition to South Wind, South Wind Meadows, as it's called. I have multiple concerns from our community regarding a change in this funding is owning one of them. The biggest one that I've heard from our neighbors on our neighborhood website is for traffic. That we're currently way overcrowded and having a multifamily complex would further complicate this matter. It's currently extremely congested. There is a turn into the older portion of self-wind when they did 360 made it a toll road. We didn't get a designated turn lane. What they did was took the part of the road that I'm blanking on the name of it, that you, yes. And I'm just made it turn lane out of it. So it's very congested in that area, especially in the evenings as people are coming home from work. The other concern, one of the large concerns of our residents is school zoning. If the zoning is allowed, it might cause redistricting of the schools. Currently, our neighborhood is zone for, I know, a Willie Brown Elementary School in Mansfield, which is, I work for the Mansfield School District, and it's currently already overcrowded. We had to move some things, some of our classrooms into portable buildings for this year. So it would also force us to re-district, re-zone that. And one of the other concerns is for drainage in that area. I also have a concern that unlike the jamp senior living that has been proposed, Mr. Vatelli and I that's here are a serve on our homeowners board. And we have yet to meet with the developers of this land to talk about what they are going to be proposing. I don't know if that has to, the planning and zoning has to be approved first, but they have not met with any neighbors or our homeowners association. Thank you. Thank you. Michael Vitale. Hey, John. off to the table. Good evening, Mayor Williams, council members. Thank you. I was here for the planning and zoning commission when we talked about this, follow up on what Kim said. Southwind Community Association, 624 homes, when they were zoning that plot that they're now at Southwind Meadows and all that area there. And there was only like commercial. The board worked diligently with the city on what could and could not be built there as far as like commercial because of the community behind it. Southwind Meadows came again, I think for anybody that knows that's a huge drainage issue in there. South Wind Meadows came, worked closely with us. They had one builder that backed out because of it because they didn't want to spend the money on the drainage. Linar said they would work with us. Their homes are comparable to our homes. They also came to us and made sure that they actually asked for a copy of our CCRs, our deed restrictions, to make sure their deed restrictions were almost identical to our deed restrictions. We just have a lot of concern that Kim's already brought up, so I won't regurgitate it, but just we have a lot of concern. There are just a plethora of apartment buildings just on the east side of 360. We don't need an apartment complex on the west side of 360 in that area. They are just all over the place. You know, I just don't think it's a good idea. The apparently the ploning, planning, and zoning, they didn't give it a second. I don't know exactly what that means except for the means it failed. And I would really hope that the council would not grant this appeal and just let it go away. Thank you very much for your time. Councilmember Sutton. Mayor, I represent the district and South Wind is one of the furthest most district. It protects us from Mansfield and Grand Prairie, obviously. And I do have concerns. I do have concerns. I didn't meet with Joe and the rest of the group there and I expressed my concerns. I think it puts a strain on our public services being so dense. I noticed I could dig it a letter from Joe, which Mansfield, I see, would prefer low density versus high density in that area. So I do have concerns with the strain on our public service with the development of a high density residential. Okay. Council member Shepard. I had a question for the last speaker. If you could come back down to the podium, please. And I'll you probably didn't see the afternoon session but it's my intent to make a motion denied to to hear the appeal if you will. I'm not sure either what happened at PNZ and why it didn't. Why it failed for a second but my question is this the the property is currently zone general commercial, which I think you alluded to in your comments. And so I just want to be sure that I understand that you all understand, I guess, is that their car washes and convenience stores and other things like that are possible on that site without anybody getting any input on anything. And am I hearing you say that you'd prefer the role of the dice on Some commercial Activity on that corner rather than what the oh sorry the applicant has proposed Okay, so I guess the way I'd answer that and again being a board member at the Southland Community Association and Can't speak for everybody there, but based on what's across Our concerns we already have commercial there the The entrance in and out of that location is actually between two commercial pieces of property, a small little swap between through Quick Trip and Sonic's parking lots. And then that dumps out right onto an incredibly busy corner and although we know because I was on the bond commission with Congressman Peale, we know that down the road, sorry, my apologies, Councilmember, I just gave you a promotion, that's all good. We know that down the road, we got in the five-year bond to redo Debbie Lane and to open it up. But when you're gonna have that much traffic in and out, right there in that short corner that's right there, the way that it's proposed, it just doesn't make sense, and it doesn't make sense to us to have a multi-story apartment complex, not to mention the fact that they're asking for a waiver on the minimum size of the units within that building as well. And we just don't think it's good for our neighborhood. And as Mr. Sutton said, we feel often forgotten down there. You can't go any further south in Arlington than you can. Three houses down from mine and Kim's house. After that, you're in Mansfield. And it's just this tiny little finger at the very bottom and we feel forgotten out there. So we hope that you hear what we have to say and hope that we take the chance. Yeah, if there's other commercial property that is similar to what's there, we understand that. We know that that's a zone. We knew that when we bought the homes. We didn't sell it, okay? Thank you. Well, thinking up on what Council Member Shepard said, there are more intense uses that could go on there than this. And generally, always, and this council, especially, has always encouraged the developer to meet with the Homeownerowner associations before it comes here. And I just wonder if we might be better served to not take any action on this and give an opportunity for you guys to visit because, you know, if this, if we go ahead and vote and this fails, you will have never have known what all they might do. So, I just wonder if we might be better served there to just table this and let the developer meet with the Homeowners Association and see if there's any merit to it because we take a vote here and it's gone. I mean, there isn't any other opportunity to bring it back. You know what? I think we'd be fine with that. And then would y'all be willing to do that? Councilmember Shepherd, are you okay? There with that, I know you were about to bring a vote, but I think it accomplishes the same thing. I guess it really doesn't make any difference to me. I would suggest that it would be my preference that we and maybe maybe the vote to appeal to hear the appeal fails. I don't know, but if it's going to fail, I suggest it's going to fail whether they meet with those folks or not. And I'd rather call the public hearing and have them meet with those folks before we have the public hearing then potentially waste everybody's time by failing anyway. So that's just me trying to be pragmatic about this. Well then let's let's I hear you and let's have our city attorney talk about what you're proposing because it just does get a chance to hear it. Doesn't approve anything. Doesn't approve anything, but you want to talk about that. Mayor and council, all this does is set it for a hearing as if it was coming to you initially. So it would be up for a public hearing and vote just like your typical zone in cases. Okay, we have some council members set in. Mayor, I can support Delania for postponing it. I would like to be good, thank you, everyone for seeing the group kind of together. It's one before we take action. I think a lot of them. I'm sorry. A lot of this can be resolved when you come together and talk about the issues and come up with meaningful solutions. The Southwind subdivisions, that group of people have been there for quite some time. They know what they want in their community and they know what's a good fit for the community. I would like to see you come together and at least have the dialogue, have the conversation. So I'll be in favor of postponing. Okay? Council member K. Bart? Thank you, Mayor. I think several of us on the Councillor Verte from here with Southwind. I work at Lockheed Martin with several of them, particularly the jurors. So, and Southwind is a great community. And you are very well organized and you speak your mind and we've had you here before us many times. So, I'm very familiar. But for me, I want to dig deeper and I'd rather go ahead and call the public hearing and make my decision on that end versus delaying it because I think as we said this afternoon in the work session we're not really sure what happened at PNC and I think this deserves a full hearing before this council so Mayor I'd like to go ahead and proceed with a vote on the request to call a public hearing. Okay, Council member Moeys. That's really what I was gonna say is to me, this is a simple up or down vote on a hearing. And there's plenty of time before the hearing occurs for the two parties to get together. So I support my fellow council members in going ahead and voting to get this on the calendar and let the sides meet and talk between now and the hearing date. Okay. Seeing no other speakers, do we have a motion? Oh, Dr. Nunez. Well, let me do, and I've got two things. One, I'll make the motion that we delay this. And before opening it for a second, I'd like to request something. I'm sorry. Are you making a motion to delay it or to have the public hearing? The public hearing. Okay. I'm making a motion to have the public hearing. Jensen, when the public hearing does come before us again, could you please have information regarding the number of apartments that are in Grand Prairie on the other side so that we could have that information. And the other information that I think the council could look at? I'm not sure that the neighbors know how the prior, well, not the prior, that the present ownership, the diocese of the Catholic diocese for worth has attempted to turn this property into shopping centers or grocery stores and how they've been unable to find a buyer for that purpose. I think that information is important for everybody to be aware of. And with that, my motion for a, what do I say? Public hearing is still in effect. Okay, and then I think Miss Cape Art really made the motion, but I had another one there too. So you want a second? A second. Mr. Art really made the motion, but I had another one there too So you want a second Mr. Shepherd really made the motion. I believe Third is the way it really worked out Mr Okay, awesome if I could I just for the for the benefit of the folks here including the applicant I want to make sure everyone knows that by making the motion It's not I'm not saying I support anything other than the ability of them to come down here and tell their story and for y'all to come back and tell a more complete story as hopefully after all if you have met and decided what's going on. Just to make be clear on that. And I couldn't agree more council member shepherd appreciate how you worded that and we look forward to the applicant and the south winds to get together and and see what they think so with that we have a motion and a second and all and then cast your votes. Motion passes. Okay, next we move to citizen participation. Mr. Buskin, if you could go over speaker to call. Thank you, Mayor. Citizen participation gives a public an opportunity to make comments or address concerns which are not posted on the evening's agenda. However, please understand that the Mayor and Council are not permitted by law to respond or address your concerns at this time, as these items are not included on the posted council agenda for this evening. The Mayor and Council may only ask clarifying questions and or direct staff to take appropriate action. Speakers will be given three minutes to make their comments. Okay, our first speaker is Karen Gavis. Miss Gavis, if you could state your name and address as you come to the podium. I'm Karen Gavis. I'll live at 816 Drum and Drive. That's near Cooper and Division Street in Miss Moise's District. And I've lived there for 29 years. Mayor and Council, I realize that there's precedent these days to blame reporters rather than attack issues. Today I was sent a video of a recent town hall meeting where Mayor Williams told those in attendance that there were no reporters cover business openings or anything in Arlington only bad news. I'm a reporter and I'm a member of the National Society of Professional Journalists. I've written stories about Arlington restaurants, craft breweries, authors, and musicians. I've written about a local food truck, urban union, Dan Doppert career and technical center, Arlington theater, Arlington music hall, six flags, Texas live, and Arlington's frame for frame film festival. I wrote about growl records when it opened downtown as well as Cosmic Crow which was in business at that location beforehand. I covered the grand opening of Free Range Pumpkins bookstore as well as the closing of half-price books at Lincoln Square. I've written about transportation, the driverless shuttle, Arlington Z, sports stadium, and its new Texas Rangers golf course. I've also written about city ordinances, police shootings, and Arlington elections. Again, I'm a reporter. And just because the news here isn't always good, like it is on the city's website, doesn't mean that there aren't any reporters here in Arlington. that there aren't any reporters here in Arlington. Thank you, Ms. Gavis. Next speaker is Zach Maxwell. Good evening, Mayor, Council. Zach Maxwell, 244949 South Graham Drive. Well thank you for letting me speak tonight. I'm here to follow up with what Karen spoke about. I've received a video this weekend of you making some comments at a town hall meeting on Saturday. Those comments you could probably understand would be frankly upsetting to somebody like me and to people like Karen who are equally work harder than I do to make sure that they do their job and they do it well. Today is kind of special. It's the exactly four months since my dad passed away from a heart attack. My dad held a lot of anger inside. And if there's one thing that I've really had to learn just over the last four months, but really over the last probably year is that a lot of stuff you just have to let roll off your back. And in the case of tonight, I wanted to offer some solutions that I believe the city, and I would also draft this at you, Mr. Yolverton, could take immediately that would improve the challenge that you described to that audience, which is that we have no reporters that all the news that ever comes out is bad and that the hard work of the economic development office and other offices just never gets highlighted. I have gone round and round as the owner of the Arlington voice with Mr. J. Warren about a challenge that I cannot get him to address or change. And that is that he refuses. And I do say refuse. He refuses to send press releases via email to the media. If you asked Mr. Warren about this, he would tell you that we've had some heated conversations because When I bring this up to him and I patiently say could you do this if there's a new business opening If there is going to be a ribbon cutting if there is going to be maybe a new bond package project that's open Could you do the media the favor of just Put it in a press release and sending it out by email? We're all professionals here and I think that we would all agree that email is a very, it's just an efficient way to communicate. I get a little notification on my phone every time I get an email and I check it multiple times a day. When I brought this to Mr. Warren's attention, the response that I receive and I've received this response multiple times, is, well, it's a waste of time for us to send out those emails because nobody's covering the city anyway. Again, a slight on me, people like Karen, for the job that we do do. I'm running out, but I'd like to point out one more thing. This is a deficiency that I learned after digging into this problem some more because I was wondering, you know, how is Mr. Warren running that department up there? Mr. Maxwell, can you... I'm going to wrap it up, absolutely. And so I did an open record request for every standard operating procedure that he has in that office. And specifically what I was looking for was the operating procedure that relates to how his office handles media inquiries. And what I found in that open record request is a half finished incomplete SOP that hasn't been touched since 2010. So if you would like to see improvements in the coverage that's happening here in this city and from the news reporters, not just the Arlington voice, you could improve that one thing with the emails and even get that OOP finish. And I think you'd see a Earl Callaway. Good evening. Thank you, Mayor and City Council for allowing me to voice my concerns. My name is Earl Callaway, and I live at 1807 Katherine Court in Arlington. I have three concerns. Back in 2008, my wife and I moved there. And since I've been there, it is, I don't know the exact number, but I know my property then damage four times. There's like a, from New York and Green Oaks, there's like a curve. I live at the southeast end of New York. But there's been probably about 10 accident and there's been two deaths. My property had been damaged four times already in the last two and a half years. About a couple of weeks ago, my property was damaged again and within a week. Another vehicle came back and hit the same section of the property. The concern is not only property but the two lives have been lost in the last five years in that area. And not only that, there's a lot of citizen in this area that's driving around with no insurance because each time my property's been damaged, I'm having to get it repaired out of my finances. They don't have auto insurance. So those are my concerns. I'm not sure if you, well, I know that you guys put some kind of flash and light there Some years back, but that didn't fix the problem We still have that problem. I don't know exactly what needs to be done But something needs to be done and that's what my concerns are. Thank you for your time Thank you Mr. Calaway Tell us again the address of where this is. Okay, I live at 1807 Catherine Court in Arlington. It's red at the sub intersection of New York and Green Oaks, if you go in South on New York, back towards Terran County College. And it's really been a problem for some years now and so I don't know if you guys are working on anything or not and I know you can't talk to me about it right now but I would like to we can later and play Elbertson you want to yeah we'll get someone to follow up with you but I did have us just a question for it when you say damage can you be more specific about what you're talking about well Well, my house is the house. Yeah, well, there's been two houses where the car ran into their house. A guy on a motorcycle, he died. There was a guy with a female in a car ran into the house. The guy put big stones in his yard there. They died. My vehicle, I mean my vehicle, my fence been hit four times. This last time make the fifth time that has been hit. I have brick. The brick has been damaged twice and the metal fence been damaged three times. That'll fence been damaged three times. And so that's why I'm here tonight. I just, it's a problem. And I just need, feel like someone needs to address that, okay? Again, for a point of clarification, your address is 1807, Catherine Court. And that is at the intersection of Roosevelt. Roosevelt makes a curve. No, no, there's two catharrines in Arlington. They're spelled different. How is there? My mind is spelled K-A-T-H-Y-Cort. Yeah, you're talking about the other end of Arlington, down nearby. Yeah, I'm more close to the Southeast campus of Terran County College. Oh, one eight. Yeah. I'm in district three, I believe. Marvin is my councilman. So I'm not sure if he's aware of it or not. I am aware of it. And it has been an ongoing problem before he put the flash and lights there. Oh, we can't. We can't. We can't. OK. Sorry. Thank you, Mr. Calaway. All right. Thank you. Jay, we got your address. Got your contact. All right. Thank you. Thank you. Next, we have Joanne Thrasher. Yeah, the court. I'm Joanne Thrasher. I live at 541 Parliament Drive, Arlington, 767. I'm here to talk about the Key Branch tributary for a Rojan project. I've attended the town hall meetings that they've had. I've watched the City Council meetings on the Internet. After the June 25 meeting of which Amy Cannon spoke for the project, I felt compelled I needed to come speak to you all. My husband and I moved away from this area. We used to live on Keybrook. We moved away and we came back. And I was very specific. I wanted to come back to 7601-6 or 7601-7 area code because I really liked that area and the trees and it's just really, really pretty. We were one of many offers on our house. We bid well above the asking price and the house became our home. What makes this home is its backyard. Everyone that sees it says, well, and what a great yard we have, their trees and the wildlife are phenomenal. And now the city wants to take a third of our yard away. It will be a really large part of it. I understand the need for the project. It's good for the homeowners and the city to have a structurally stable system for rainwater and the runoff to come. Oops, sorry, to keep from flooding. I understand the project needing to be a green project. What I don't understand is why I'm more of a compromise between the people that want to do this and us can't be reached. Gabyans, concrete and retaining walls could be used in some areas to stabilize the erosion. They've been used for years. At one point, I was looking into getting some concrete cloth possibly for one part of our land that's starting to road a little bit. My shed whose picture was shown at that meeting is not being undermined at all. It is on the large piece of land that we will lose. And in fact, our shed is kind of big. And there would be room back there for six sheds, three sideways and two, three, two frontwards is a amount of land that we will lose. The shed has electricity that goes to it. It has the sprinkler system that goes to it and the sprinkler system goes all the way back for land. We will lose all of that. And we've been told our fence will come down. They'll put up a chain link fence, but our fence is a wooden fence. We'd like a wooden fence put back if that's what they're going to take. The wildlife issue has not been addressed at all. I think many of the homeowners will be very surprised when the animals start coming up into their yards, their rages, and their sheds. And unfortunately, as the animals are displaced, as they do the creek area, a lot of them will probably be hit in the road by cars and killed. Ms. Cannon stated that they are looking at the project. She stated many times that they're taking a step back and looking at 99% of the project is under review. She stated multiple times that they're working with the homeowners. Who's overseeing that? No one's talked to us. No one's tried to make any compromises with us in any way. What has been said to me in the town hall meetings is it's pretty much a deal. There's nothing we can do and they're just waiting to buy some of the homeowners property easements that they need. This has been very stressful for my husband and me. And when I'm asking for the project of this size, it affects so many of us homeowners. All avenues have been exhausted to not be so invasive into our yards and still have a stable steam runoff water system. Thank you. Thank you, Mr. Asher. Staff will be in touch with you. Okay. Thank you. Okay. That ends citizen participation. Now we'll move to announcements. Mr. Buskin. Thank you, Mayor. I'd like to remind our residents Arlington City Council evening meetings or rebroadcasts on Sundays at 6 p.m. and on Wednesday and Saturday mornings at 6.30 a.m. The Council's afternoon work sessions or re-broadcasts on Sundays at 1 p.m. Wednesdays at 1.30 p.m. and on Saturdays at 6 p.m. You can also watch the meetings online anytime at www.arlingtontx.gov. Any council members have any announcements? Okay. Seeing none, this council meeting stands adjourned.