I'd like to call to order the meeting of the Arlington City Council and I'd like to call upon one of the great prayer warriors of our community, Pastor Thomas Sluder, Prince of Peace, House of Prayer, and he'll give the invocation and recite the the pledge of allegiance. Please stand. Hello Mayor Williams. If I can take this personal privilege for just a moment, this one would congratulate those of you that were reelected to this council, and we are continue to pray for you. And also to say goodbye to a dear friend, Robert Rivera, from the council. As pastors of the city we thank you for your faithful service that you done Robert we really bless you. And then I would also just like to honor a fellow pastor I was on a ministry duty this Saturday so I could not attend but I cannot put into words how I'm going to miss Pastor Robinson who is a mentor to me and a dear dear friend. And I think we just need to honor him tonight. Amen. Amen. Let us pray. Father, we honor those who desire to serve your kingdom. We honor especially tonight, dear Lord, in memory, pastor, and El Robinson of Manala Baptist Church. We thank you, dear Lord, for his decades of service to this community. And for the cherished way that he loved this community and the people of this community, and we will dearly, dearly miss him. We bless Manala Baptist Church as they mourn his loss, but as they continue their destiny into the future. We also pray for dear Lord those that have said we will serve this city as duly elected members as mayor and city council. We ask that you would show them wisdom, discernment, understanding that you would guide them in their decisions, that they would honor you above even the citizens of the community. For in honoring you, they are honoring the citizens. And so Lord, we ask again for your presence tonight, we know that you are here, we know that you are guiding them in their decisions, and that you are guiding also all the discussions that will take place in this chamber tonight. To you, dear Lord, we give all the glory and all the honor and all the praise for you are our Lord and our Savior, and in your name Jesus we pray, amen. Let us pledge allegiance to the flags, United States. I pledge allegiance 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. I pledge allegiance to the Texas one state under God, one in indivisible. visible. Thank you. Tonight we have three proclamations and I'd like to go ahead and call up Melissa Walker from the Environmental Education. Amy Cannon, our floodplain administrator and Irish Hancock emergency management administrator, because this is flood awareness week and I have a proclamation here to present. Whereas each year brings the potential for flooding and flash flooding to Texas. And whereas flash flooding is the number one cause of weather-related damage and can cause significant damage to commerce, public, and private property and result in the loss of human life. And whereas dangerous floods and flash floods often have a higher frequency during the spring and fall, flooding can happen anywhere and at any time of the year. And whereas the reduction of loss of life and property damage can be achieved if appropriate, flood preparedness, control and mitigation measures are taken before a flood by both the city and its residents, including observing flood watches and warnings. Development of flood preparedness plans, the purchase of flood insurance through the National Flood Insurance Program, development of flood mitigation, capital improvement plans, and adherence to prudent land use planning. And whereas the Texas Flood Plain Management Association and the state of Texas have joined together to urge all citizens to be informed and prepare for floods and flash floods and to educate themselves on safety strategies and to always be mindful of signs and barriers and warning of flood dangers and to always turn around, don't drown. Now therefore I, Jeff Williams, mayor of the City of Arlington, Texas on known behalf of the Arlington City Council, do hereby proclaim, May the 22nd through 26, 2017, as flood awareness week. As an engineer myself and as a long time resident here, it is amazing the progress we have made here in flood reduction. In fact, we have seen here in the last couple of years, several major floods and there has been great progress made and very proud of our citizens and our staff for making these many improvements. We still are going to continue that battle against flooding and protecting our citizens, but I want to commend our staff for what they've done. Would you like to say a few words, Amy? Thank you. Thank you, Mayor Williams. We are joining together with the Public Works and Transportation Department and the Fire Department to encourage all residents to be aware of their flood risk and understand what to do when a flood occurs because it's never a matter of if a flood will happen. It's a matter of when. So we want to make sure that everyone absolutely understands the importance of when you see water on the road, stop. Don't make yourself a victim. Turn around. Don't drown. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Now, I'd like to call Council Members Robert Shepard up for the next proclamation. And then Council Member Lanna Wolfe is right there ready to. It's always my pleasure this time of the year to call Brandon up here. We've gotten to be really good friends. I wonder why they were laughing. I always have people laughing at me, but I didn't. That's all right. Well, we're going to give proclamation out to Brandon and all of his colleagues here for motorcycle awareness month. Whereas today's society is finding more citizens involved in motorcycle on the roads of our country. And whereas motorcyclists are roughly unprotected and therefore more prone to injury or death and a crash other than vehicle drivers. And whereas campaigns have helped inform riders and motorists alike and motorcycle safety issues to reduce motorcycle-related risk, injuries, and most of all fatalities through a comprehensive approach to motorcycle safety. Whereas it is the responsibility of all who put themselves behind the wheel to become aware of motorcyclists regarding them with the same respect as any other vehicle traveling the highways of this country and it is the responsibility of riders and motorists alike to obey all traffic laws and safety rules and whereas urging all citizens of our community to become aware of the inherent danger involved in operating a motorcycle and for riders and motorists alike to give each other the mutual respect they deserve. Now therefore, Jeff Williams, Mayor of the City of Arlington, Texas, and on behalf of the Arlington City Council, do hereby proclaim May 2017, as motorcycle safety and awareness month. This is Brandon's favorite time right here. He gets to address all of y'all. Brandon, congratulations there. Thank you, sir. Thanks, y'all. Brandon, congratulations, Eric. Thank you, sir. Thank you, sir. Thanks, y'all. Thank you very much, sir. Sorry. I haven't Elvis Presley moment. Thank you. Thank you. Thank you. Thank you. Thank you. Oh, my God. Oh, my God. Thank you. Thank you. First, he's like the first one to ever do that to me. Congratulations. So, pull my finger. I'll show you that. Smart move. But mine is different. I don't always go to. And I don't always test cast. Sometimes I smack myself while I just give you. Oh, okay. Oh, my God. Applause. And I'm giving each and every one of you brave people serving our country and protecting the city of Arlington. I hug and I give you a salute and thank you. I'll keep up the great job. Thanks for the picture of what's right here. Okay. Would you go around? You ready? Ready. I'm going to try to move. All right, you got me again. Congratulations to you. Thank you. Good to see you again. Good to see you, sir. Absolutely. Good to see you. Nice to see you. I'm going to bed. It's a city. I was 12 years old. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm 10. I'm sure Glow is glad that was a hug. Now let's call upon Councilmember Lana Wall for the next proclamation. Thank you, thank you very much. As the current City Councilmember representing District 5, which is the original old town, it is my privilege to call Michelle Kenton and members of the Landmark Preservation Commission. Right, how are you guys? This is National Preservation Month. Okay, we have everybody here. Wonderful. Whereas historic preservation is an effective tool for managing growth and development, revitalizing neighborhoods, fostering local pride in maintaining community character while enhancing livability, and whereas historic preservation is prevalent for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life, and all ethnic backgrounds. And where is it's important to celebrate the role of history in our lives, and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people. And whereas National Preservation Month 2017 is co-sponsored by the Arlington Landmark Preservation Commission and the National Trust for Historic Preservation on behalf of Mayor Jeff Williams and the behalf of the Arlington City Council. We do hereby proclaim May 2017 as National Preservation Month. Congratulations. Would you introduce your commissioners? Thank you. Hi, I'm Michelle. I'm the chair of the commission this year, Michelle Canton. And really, I'll let you to say your names each of you. I'm Rob M. Collins, Valerie Dalloway, Barbara Reaver, each of you. And we are very grateful mayor and city council members for your support for historic preservation. Thank'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm Our next item of business is appointments to boards and commissions and I'll turn to our city secretary, Ms. Mary Sapino. Thank you, Mayor. We have one appointment to boards and commissions to the team court advisory board. Kenya Gibbs Gibbs place one Okay, do we have a motion? If I have a motion for approval from councilmember glass being a second from councilmember Parker police catch your votes Motion passes. Mr. Pino, could you go over speaker guidelines in general to Cora? Yes, Mayor, thank you. We have citizens and other visitors and attendants assisting preserving the order and day Cora of this meeting. Any person making personal, profane slanners or threatening remarks are who becomes disruptive while addressing the mayor and council, 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 of 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 and 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 and consideration of other speakers. Please wrap up your comments promptly when you hear the bell. And we ask that you address your comments to the mayor and council. Next, we'll go to approval of items from executive session, Mr. Pino. Mayor, we have 12 items from executive session. The first is a condemnation resolution. And I'd call upon council members Shephard. Thank you, Mayor. I'd like to make a motion that we continue to continue item 6A1 until our next council meeting. I think staff and the persons involved are very close to coming to some understanding and so I think another two weeks would be appropriate. So that's my motion. Okay we have a motion for Continuance to Next Council meeting. We have a second from Council please cast your votes. Motion passes. Mr. Pino. Oh, and then stay with you, Councillor MACK. If I may, I think for ease here, if I could jump ahead a little bit. I'd like to make a motion also that we remove item 6B3 through 10. Should be all of those that are marked tabled. I'd like to make a motion that we remove those from the table so that they can be included in the balance of the consent agenda. We have a motion. Do we have a second? Okay, we have a motion from Councilmember Shepard to remove the table. And we have a second from Councilmember Glaspi. Please cast your votes. Motion passes. Now, Mr. Pino. Now we have the consent agenda executive session items. One in two Abrams Street, Cooper Street to Collins Street, DCK Investments, LLC, and Frazier Real Estate. And three through 11 consent assignment to least of Intervest Energy and Institutional Fund 13-A, LP. Intervest Energy Institutional Fund 13-WIB, Lp, Intervest Energy Institutional Fund 13-WIC Lp, and EV Properties Lp. 10-06011-003. 11-001. 11-005. 9-0489-050 and 8-015. Are there any speakers on these items? No speakers, ma'am. Okay. Then any discussion? I'll call for a motion. We have a motion for approval from Councilmember Shepherd and a second from Councilmember K. Part. Please cast your votes. Motion passes. Next, we move to approval of minutes. Mr. Pino. Mayor, we have the afternoon and evening meeting minutes from April 25th, 2017. Any council members have any additions or corrections? Okay, seeing none. Mr. Pino, are there any speakers on this item? Any council members have any additions or corrections? Seeing none. Mr. Pino, are there any speakers on this item? No speakers. Then I'll call for a motion. We have a motion for approval from Councilmember for our mires and a second from Councilmember Wolff, police catch, Ms. Appano. Thank you, Mayor. The consent agenda this evening contains 10 minute orders in the final readings of two ordinances and three resolutions. The minute orders seek to authorize one light up Arlington Fireworks, two designed contract for Randall Mill Park improvements, three through five renewal of annual requirements contracts for electrical services, for invasive plant removal at Johnson Creek Restoration Area, and for printing services for seasonal park guides. Six, design build service for a new storage facility in public restroom at the Arlington Municipal Airport. Seven contract modification number one to the engineering services contract for Eden Road, U.S. Highway 287 to Calender Road, eight engineering services contract for key branch tributary one erosion improvements, nine, south service center material and equipment canopy addition, ten agreement for Arlington Landfill gas collection and control system improvements. The ordinance is seek to authorize one amended project and financing plan for tax increment reinvestment zone number six, Verdean. Two right of way abandonment on Nolan Ryan Expressway from Randall Mill Road to Cowboys Way. And the resolution seek to authorize one division street enhancement project, advance funding agreement amendment number one. Two transfer of fire engine to the Arlington Independent School District Fire Academy program. And three wireless services, small cells design manual. Mr. Pinot, do we have any speakers? Support our opposition of these items. Yes, speakers. Okay. Then I'll call for a motion. We have a motion for approval from Councilmember Shepherd and a second from Councilmember Walman, please cast your votes. Okay, motion passes. Now, I turn the meeting over to Mayor Pro Tem, Ms. Cape Art. Councillor, we are going to take one item out of order. We're going to now consider item 13A1, which is the resolution for the tax increment reinvestment zone number six amended and restated, Veridian Project, Finance, Plan and Development Agreement, and Marcus Chung from our staff will introduce the topic. Good evening, Mayor Pro Tem, Council. Markishung, Economic Development Specialist. The item that's before you is a resolution authorizing the execution of the amended and restated Veridian Project Finance Plan and Development Agreement between the city and Veridian Holdings LP, the Board of Directors of the Tax Increment Reinvestment Zone number six, the Viridian Municipal Management District, rolled to ownership maintenance and repair of public improvements, serving property located within the Viridian Municipal Management District and other related matters. At this time, I'll attempt to answer any questions you have. Thank you, Mr. Young. Any questions from Council? Mr. P&O, do we have any speakers on this? No speakers. No speakers? Council, I'll entertain a motion. I think I have a motion. We have a motion from Mr. Parker. Seconded by Mr. Shepherd. May I have your votes, please? We'll vote something. Her deal's not working. He's not working, yes. But We're glad that okay got it all right thank you thank you council We have Zoning Case PD 16-4, Vinson Residence 701 East Abram Street, and I'll call upon Ms. Jinsy Topal, Assistant Director, Community Development and Planning. Mayor, we have the applicant Dixon Canyada with Canyenda LLC here to present their case. If you could state your name and address as you come to the microphone, thank you. Yes. My name is Lubula Canyinda, but Dixon will be fine. I live in Arlington on 7,420 Lakefront Trail, sat down in town. And I'm here on behalf of Mr. Olu Achecon, who's also the owner of the property. And I'm here to talk to you about the Vincent Residence. Vincent Residence is a, sorry. Yes, Vincent Residence is a mixed-use project that we're proposing on a 701 East Abom street. Currently the lot is empty. And the lot stands for the closest street from the Tankeini building, or that's 0.6 acre. So we had to seek some deviations. For instance, on the property line along the north side of the property, we were required to have a 30-foot landscape setback. But because of the size of the lots and the top of the project we We came with a nine foot setback Lance landscape setback and which with a little bit more trees to make it a little bit dancer the landscape The landscape we match with what's Design with the seat of Arlington. There will be one world, one world of trees along Avarm Street. This is the rendering of the project. So we have your typical floor plants, two bedrooms apartment and one bedroom apartment and one efficiency and we also have, we also suggesting a live work unit at the first floor. And these are the materials we intend to use. You have your typical wood floor. Stand still appliance to add the, I mean, stand still appliance. And tonight, contact up to add the house. If any, any questions for Dixon? Yes, Ms. Wolfe. Yes, I just wanted to go on record and say I know that this project has been worked on for a long time and then we kind of went away and then came back and rethought it. And I just appreciate all the input that you received, particularly from the residential areas nearby that surrounds it, and particularly the heart of Arlington neighborhood association. And that you worked with them, and as they submitted their absolute support for this. So, Mayor, unless there's other comments, I would move for approval. Okay, I need to hear from speakers. So hold that one right there. Council member Wolff and are there any speakers on this side? No speakers. Well then I need to close the public hearing and then Ms. Wolff. Move made more for it. Move for approval. And do we have a second? Yes, we have a second from Council Member Walman. Please cast your votes. Motion passes. Dixon, thank you for working with us. Thank you for your investment in Arlington. Thank you for your investment in Arlington. And thank you very much. And it's been like the lady said, it's been a very long ongoing process. And I can never be there. I cannot be and thankful enough for the support that I received from the staff downstairs. Right. Thank you, Dick. Thank you. Thank you. Next, we'll move to zoning case PD 16-25-day residential 7800 South Collins Street. And again, I'll call upon Ms. Topo, the assistant director of community development and planning. Mayor, we have applicant Douglas Cooper with MMA representing this case. Thank you, Jensy. Thank you, Mayor Williams, members of the city council, Douglas Cooper, 200 East Averm Street. Mckosky-Makennis Associates, appreciate the opportunity to come before you this evening. To present PD 16-25 day residential on behalf of DR Horton. I'd just like to take a few minutes to walk you through a brief presentation and then I'll be happy to answer any questions. Our request this evening is to change his zoning on approximately 25 acres in Southeast Arlington from community commercial to a planned development for RS5 to develop approximately 101 single-family homes. The average lot size is expected to be around 7,000 square feet with several of the larger lots ranging between 9,000 and 15,000 square feet. We anticipate home sizes ranging from 1,800 to 3,000, which will cater to a diverse group of prospective buyers. Day residential will incorporate amenities such as Dekor Streetlights, Open Space with park benches and children's playground. The retention pond will have two aerating fountains and be enhanced with native grasses and canopy trees. We're proposing a sidewalk connection at the southern edge of the pond to allow for more connectivity throughout the neighborhood. Our lots will have street trees in the parkway and masonry entry signs with planning beds. The new neighborhood will bring out a value to the surrounding community, along with cohesive design to connect the existing schools and nearby adjacent neighborhood. The city's 2015 comprehensive plan contains goals to develop residential neighborhoods with a variety of housing styles, as well as provide housing options for our insurance residents. Day residential will help our lengthen achieve this vision by offering quality neighborhood to the city's current and future residents. In conclusion, we fill the residential use as far bit are suited than the commercial development and a commercial commercial development, provided the existing neighborhood, which surrounds this track on three sides. I'd like to thank Mr. Sharp with the Law Frontier HOA Association for their output or input and support throughout the process, as well as staff for their hard work over the last five months. Deer Horton is excited to bring another quality subdivision to Southeast Arlington. Again, I appreciate your time and I'm happy to answer any questions. Any questions from Mr. Cooper? Okay. Seeing none. Mr. Pino, are there any speakers on this side? Mayor, we just have two non-speakers here in support. Cliff McCoskey and Shashi Sharpe. Anyone want to speak to us? Oh, and Mark Allen is here. Oh and Mark Allen is here who might wish to speak. Did he wish to speak? I'll leave those questions further. Okay, from DR Horton. Okay, any questions from Mr. Allen with the OR Horton? Okay. Then I'll close the public hearing and any discussion here on this case, Miss K. Part. Mayor, I had meant to ask Mr. Cooper something while he was at the mic before you got the public hearing close and I apologize it. Well, we can reopen. Okay. We'll reopen the public hearing. Yeah, do I need a motion? No, I don't even need more. Re-opening the public hearing, Mr. Cooper. Mr. Cooper, with regard to the variation of your lot sizes and your models and stuff, when we had spoken earlier on the ball week track, we had quite a bit of variation. I don't see that in the day track. Can you tell me, are you willing to do more like we did in the ball week track than what I'm currently seeing on the day track? Sure, I appreciate your question. Sure. Just a few points to that. Dear Horton is the fourth developer to look at this track, residential developer. So over the past several years, we've studied it quite extensively and provided land cost, development cost. There's a certain lot yield we need to obtain to make the project feasible. And hence our request for kind of 50 foot lots throughout the neighborhood, where we have had opportunity to create a mix with, say, for instance, side-entry garages to give some variation without necessarily affecting a lot size. We've tried to maximize that and work through staff to do so. You know, we feel we've got a really good neighborhood here. It's walkable that has open space, that has a good variety of options for Arlington residents, so we'd like to keep the plan as presented. So and I don't know if you were involved on the YWAAD track, which was done probably in 02, I think maybe. So that had 7,200 script at last. They had, I don't know how many thousands of dollars in doing a drainage pond. And I know Mr. McCoskey whom you work with was integral in that one. It was very costly. But that was owned estate. So we had 7,200 script at last. We had no front entry garages. We had Jay swing and side entry. The house, the footprint was bigger. Those houses have maintained their value. And those were built next to an industrial park. And business 287. And so this is a neighborhood. This is kind of an infill. And I realize you've got neighborhoods all around. And I appreciate the open space and your drainage issues. But I really seem to think that you could do more to kind of upgrade it a little bit. At least come up to what you did potentially with the ball work track. So, you know, I would be interested in continuing this discussion with you and seeing if we can make some additional improvements because I'm not prepared to vote on it this evening. And so I just wanted would you be willing to do that? I think after a conversation with Dear Horton and Mark we would like to move forward with the plan as presented this evening. Okay so you're not interested in further conversation about. Well we feel we've looked at the plan extensively with trying to cooperate as much as we can working through staff, so we would prefer to move forward with the 50s footlot. But I think the development is lacking, particularly with the models that you've presented. It's very much more the same of what we have already out there. And I know D.R. Harten who's done different models with porches and different delineation nations. And I really think Arlington deserves some of that. And I'm disappointed that you guys are not willing to continue in discussion. But I appreciate your comments. Thank you. Thank you, Mayor Patin. Councilmember Rivera. Thank you, Mayor Pratton. Councilmember Rivera. Thank you, Mayor. You know, this project has been one that really has been before the city for a while. You've mentioned the four different development companies that have taken a look at that this track has been most challenging for a while. I know you really didn't speak to in great detail regarding the drainage, regarding the water movement that needs to be there. There's a tremendous amount of dollars that have to be spent in order to get this track so that you can provide additional homes for Southeast Arlington. The neighborhoods around there have, that are visited with, that we've heard from are in support. They would prefer that this go residential versus the potential of a variety of, potentially conflicting commercial structures that could go there that would throw off light, throw off sound, throw off just a variety of things that the neighborhood would really not want to have as their neighbor. So the project moving forward is quality. DR Horton is a quality builder. They are a Fortune 500 company, headquartered. Can you, do you know where the headquartered? I believe they're getting ready to open their headquarters right here. Absolutely right. So, you know, we're excited about this. And but more importantly, the design standards that this council worked very hard with staff, with the community to develop, is what is being presented. There is nothing less about this project that is before us. So it's actually, it's enhanced homes versus what is there already, meaning the surrounding homes that are already in the ground. So I'm excited about this project. I know my neighbors down there are and without I'd make the motion for support tonight. Thank you for your comments. Any other questions for you, Mr. Shepherd? I second Mr. Rivera's motion for approval. One question I wanted to ask the Planning and Zoning Commission had five stipulations I think in there and there are approvals. Are you agreeable to those five stipulations? We've had several conversations about several cases. I can't remember what. So you're okay with those five stipulations. We're okay with the stipulations as presented from the president. All right, I just wanted to be sure. So with... I've got to close the public hearing here first. Does anybody have any questions, any further questions from Mr. Cooper? Okay, then thank you. We're close to the public hearing. And then Mr. Rivera, Rivera you want to make your motion with the stipulations of P and Z and then we have a second to that from council member Shepherd and So please cast your votes Motion passes motion passes. Next we move to zoning case SUPO 4-03 R3. Texas Masonic Retirement Center 1501 West Division Street. And I'll call upon Ms. Topel. Does that skip one? Then let's go back. Zoning case PD 17-5 Trinity Cooper Business Park 7207 South Cooper Street. Ms. Topel. Mayor, we have the applicant Charles Clause and Consulting to present the case. Thank you, Mr. Mayor. Members of the City Council, City staff, I appreciate your time. Thought for a moment I had an approved case, didn't need to go any further. I don't know. That's all I'm sure. Mr. Mayor, this is a phase two of the Trinity Cooper business park that's currently located on South Cooper Street in the 7,000 block. It is a request for PD with limited CC and LI uses. The CC portion of this case will front Cooper Street, South Cooper Street. And the LI portion will be perpendicular to the CC portion. The LI uses in both phases, again run perpendicular to Cooper Street. These two phases will be connected, interterly connected because they have a cross-accesses but they have common parking. They have common uses and the facades will look almost identical. We have at the staff's request, we were requested to secure an access easement with the racetrack, the future racetrack, which is immediately south of this track. We did secure that access easement, so the only access into this property will be through phase one and through race track. Mr. Barton has agreed to limit the uses in both the CC and the LI portions of this track, and that's okay because Mr. Barton's property is, this is his consistent business plan. He primarily uses retail and office type of uses, so it's very consistent in both appearance and quality. So if you had a chance to look at this particular property, you would have seen those types of structures and I think at least I'm very pleased with the over proposing. We didn't prepare an architectural set of drawings for this case because we can show you some pictures. We think the pictures tell you the story of what's next door because what next door is exactly what we're going to build on this phase. As you may be aware, there's a high demand for LI type of uses. And I want to make sure you understood what the LI uses in this particular project are for. Therefor retail and therefor wholesale, therefor office type of uses. But in these particular instances, you will have a small warehouse space behind it. And those, that is very essential to these types of properties. It's a one or two-person type office where the limited storage. So that throws that into the L.I. zoning classification. So, in all honesty, this whole business part could be developed in C.S. zoning if it wasn't for a few of these nuances. So if you wouldn't, if you'd mind, let me just kind of go over some of these drawings with you. I'm going to skip back to the site plan. So to make sure you can orient you to the location, the white portion to the north is the existing business part. It's got two LI properties run in perpendicular again to the retail center which is located facing South Cooper Street. Our new track obviously is immediately joining it. You'll see the CC zoning track facing Cooper Street again. The all the landscaping is continuous. There's approximately 600 new plants and trees going in just to this portion of the development and then to this to the actually it's facing east or going east. That portion of the track is the LI and again perpendicular to the CC portion. You will notice a little bit different things in this track. First of all, there are some roll-up doors in the LI portion. Those roll-up doors though are in the rear of this track. So what you really see is office appearances with canopies over the doors. It looks like an office use and looks like a retail use because it is. It's a very attractive building, really nice colors. And you'll also notice there's a limited parking here and not limited parking, but very minimal cars in the parking lot. That's because these are the type of uses I hopefully have described to you. Heavenly landscape and it's almost 100% occupied. This is the retail portion that would be face in Cooper Street. As you notice, it is extensive brick, masonry and rock work and some, oops, sorry, and some stucco. When that being said, Mr. Mayor, I just want to conclude by saying that it may be of interest or may not be, but I want to make sure you understand the phase one was developed with straight zoning. So that to me is important because that shows the quality of development. Mr. Barton is going to bill. It's consistent with what we're doing on the south side of this. I hope you're pleased with it. We are pleased with it. And I respectfully request your favourable consideration. Be happy to answer any questions. Lots of call upon Council Member K. Partt. your favourable consideration. Be happy to answer any questions. Lots of call upon Council Member K. Part. Thank you, Mayor. Thank you, Mr. Clausson. Would you, when we visited, you talked about some of the uses that you've excluded. Can you briefly go over those with me again? Thank you for asking that, because I'm going to get a chance to address it. Yes, ma'am, we've excluded all the automobile related type of uses, all automobile sales. I don't know how to describe it any better, but we've eliminated anything offensive, in my opinion. And all we have left is a retail office service type of uses in that limited storage. So it's a very limited type of project. So when Mr. Barton's gone, he no longer owns the property. You can be assured that that property is going to remain as is, a very quality development. I hope that answers your question. All right, thank you so much. Any other questions from Mr. Clausson? Okay, thank you, Mr. Clausson. Mr. Peno, are there any speakers on this item? There we have two non-speakers here in support if you could just raise your hand when your name is called Bobby Barton and David Keel. Those are all the cards. Okay. Then I'll close the public hearing. Any discussion or motion. I've got a motion for approval from Council Member Walman and a second from Council Member K. Part. Please cast your votes. Motion passes. Mr. Barton, thank you for your investment here in our community. Really appreciate it and it's good to see David Kill on all of the zone right in the middle of this too. Thank you very much. Appreciate it. Next we'll move to Zoning case S U P O 4-03 R 3. Texas Masonic Retirement Center, 1501 West Division Street, Ms. Topel. Mayor, we have the applicant Brandon Burns with Bennett, Banner Partners, Architects and Planners, presenting this case for us. My name is Brandon Burns and with Bennett Banner Partners and Fort Worth, Texas. My address is 500 West 7th Street from Fort Worth. As a local architect, I just want to say what the crowd full of people in City Hall of the city of Arlington once they expand. I'll be glad to recommend an architecture firm. But for tonight, I will get into what we- Well, for your benefit in the audience, we have one under construction right now. So. I'm here tonight representing the Texas Masonic Retirement Center to seek approval for an existing, especially used permit, as a revision to a special used permit that was approved back in 2007 for a philanthropic institution to construct an additional independent senior living facility for them. Just a quick history of the facility, The original existing building was built in 1911 over 100 years ago. It was on a farm one mile outside the city of Arlington. Let's see how big the city has grown. It was established as an organization that provided refuge for widows, orphans, and masons at no cost to the residents. They were located adjacent to the Keystone Train Stop, which any mason was provided free passage from anywhere in the state of Texas to the facility. And there's only such facility in the state of Texas right now. And they have evolved over the hundred years to include all kinds of levels of services from independent living assisted living to full nursing care. Here's a picture of a recent building that was completed in 2008. And then on the right as the original building I built in 1911. They are mason's so they do what was as an architect working with them. They're kind of a dream client. They look at 50 year construction and 100 100 year constructions rather than 20 years or they're looking to build the best possible buildings they can have on the site to the last. So we are keeping our ego in check and trying to keep with the campus feel and tradition and make sure we use existing kind of bricks that they have on campus to try to blend into the entire feel of the overall campus. A quick idea of the site plan is their entire about 99 acres are boarded by fielders Samford Division and Davis. You'll see an orange on this site plan as the new building that's being added is kind of nestled in between existing buildings that are already on the site. and nestled in between existing buildings that are already on the site. And then here's a ground floor plan. We are connecting to an existing dining room that they have now and then the entire first level will also be some offices that they badly need. And then over the hundred years, as Mason's come through the facility, they leave behind all kinds of artifacts, so you can imagine that are related to Masonry. The cabinets that you see in the wide on the bottom will be a place where that will be displayed and it's open to the public. For anybody who comes to the history that has passed through that facility. Here's a quick sight plan with some views of there's really only about due to its location inside the complex. There's really only a couple of places that the new building can be seen from Sanford and Division. There are some before and after on the top and bottom of the new building complacent to the site. Like I mentioned before, it's all a basement construction. We've been working with staff for quite a while to make sure we comply with all the UDC guidelines. Everything's either brick, brick, precast, masonry, or there's a lot of glass on the building to offer as much natural light to the residents as possible. We try to do it in a responsible way without light. The glass is shaded. It has text as we try to keep the sun out of our buildings here. Again, we're just trying to blend into the campus that's already there. The UDC does have minimum requirements for apartments and they're kind of giving you an idea of what they are trying to do. A UDC minimum square foot is 525 square feet for a one-bedroom apartment. They are providing to the residents 814 square feet. A two-bedroom minimum is 725. They are providing 985 square feet to the residents. As I mentioned, I've been working with staff for quite a bit on this, but if there's any kind of other questions you may have, I'd be glad to answer them. on this, but if there's any kind of other questions you may have, I'd be glad to answer them. Mr. Parker. Thank you, Mayor. Yes, sir. If I'm not mistaken, this project has been going over for years. I mean, several years as a matter of fact. They built in 2008. They built that building. There was some issues with construction that went through that process lasted for a while. That building took a while to build. It was finished around 2008. They did a couple of remodels in 2010 and 2012, but they finished it out. And then they started speaking with us probably two years ago, an idea of adding another facility for independent living. And we've been working with them for, it's been close to about two years again and completed. We've been working with them as far as design. Okay, and I kind of want to ask you because I thought this had been going on for quite some time. How do you feel that the permit process and staff has treated you on this particular project? Staff has been great. So the process that has been taken a while has been on our side. It hasn't been on the city staff side. So they've been great. They've been responsible. Well, what I've heard was it wasn't, okay. But if you're saying that it was on your side, I totally give you all the blame possible for it. And thank you very much for the accolades for our staff. Thanks so much. The specific person I've been working with throughout the process has been great and responsive of getting answers back to us when we needed them. Miss Kaye Part. Thank you, Mayor. It's a curious question on my part. So the Eastern Star facility went away. So are those residents now a part of this facility? They are. So Eastern Star, I don't know a whole lot of other projects, so I don't want to speak out of the chair. I think Eastern Star was going to have a separate facility that included some offices and some rehabilitation areas. That agreement, I don't know what happened to it. It went away, so they ended up having apartments for those facilities already, or in addition to that. So those residents are there now. So the Eastern Star is still, those residents still, if there are some office and a real built notation clinic that I think that went away. Okay, and then one other question. Do you know at that facility, and particularly with this new one that you're proposing, do you provide recycling for those residents out there? I think that's what one of the things they're looking into. We have provided trash collection is an issue that they have, they have a valet collection to it. But we've set up in each of the four plans, which I don't have a copy of, on the resident's four plans at the end of the hallway, there is a trash facility, that they could provide recycling if the facility is a whole one. Okay, I was just wondering because some of them are independent living their single-family homes even. I didn't know how that worked out there. In this independent living it is more of an apartment setting. Yeah. And so each floor will have a trash collection. So if they can, if they can divvy it up, they can have the freedom to do so. Okay, great. Thank you. Any other questions? Thank you, Brandon. Thank you, Brandon. Thank you. Mr. Pino, are there any speakers on this item? Okay, then I'll close the public hearing. Any discussion or a motion? Okay, we have a motion for approval from Councilmember K. Paret and a second from Councilmember and 7102 Calendar Road, Ms. Topel. Mayor, we have the applicant Douglas Cooper with MMA to present the case. Thank you, Jensie. Mayor Williams, City Council members, Douglas Cooper Cooper, 200 D. Saberm Street, McCoskey, McKinnis Associates. Thank you again for letting me come to for you to present ZA17-1. Tidwell residential, another quick presentation that will be available for any questions. Our request this evening is to change the zoning on approximately four acres in South Arlington from residential estate and RS 15 to RS 72. We propose incorporate this property in the Twin Hills development located at the northwest corner of calendar road and west Harris road. In August of 2016, Mr. Tedwell contacted the developer of Twin Hills about the possibility of selling his property. Properties recently been on the market, however, Mr. Tidwell has discovered there are very few buyers who were in the market for a foreacre. Narrow tracked with a tear down house located between 150 feet utilities, with a high tension transmission line. Mr. Tidwell believes the redevelopment of potential of his long track will be extremely difficult. However, by combining his track with the Twin Hills development, we can create a more uniform and orderly subdivision. To wrap things up, Twin Hills will be another quality subdivision in South West Arlington. We believe the incorporation of Mr. Tidwell's property into the overall Twin Hills development allows for more cohesive neighborhood keeping with the city's long term vision for this area. I'd like to thank staff for their hard work over the past several months. Again, thank you for your time. I'm able to find questions. Miss Cape Art. Thank you, Mayor. Mr. Cooper, if you could go back to the, there you go. And so the tidal track that would be incorporated into the Twin Hills development, how many houses does that add to the Twin Hills development? With the addition of the four acres of Mr. Tidwell's property, there's approximately 14 additional homes. And how much open space is it also? And how much open space is it also? With the addition, we're able to pick up probably right under an anchor of additional open space. Yeah, there. That's where I was looking at. So with the addition of this four acres, what's really happened, at least what you're showing me, is that, yes, you've got some additional density, but what you have overall I think is more open space to the entire development than you had before. Is that a correct analogy? Yes, ma'am. And additionally, there's a long-term trail system plan on the city's master plan, which would believe come through this easement. And this additional acreage allows this cold asack to punch through. So at some point we could have some type of linkage from the northern edge of our neighborhood to a larger park system, trail system. Right, I think it's a win win. Thank you. Any other questions from Mr Cooper? Thank you, Mr Cooper. Thank you. Mr. Pino, are there any speakers on this item? Mayor we have one non-speaker here in support of Cliff McCoskey. Okay then I'll close the public hearing. Any other discussion or a motion? Okay we have a motion for approval from Councilmember Ferrar Mars and a second from Councilmember Womman, police catcher votes. Motion passes. Next, we move to municipal setting designation MSD17-1, 12700 and 1217, Calaway Cemetery Road, the former Shred Tech facility, Ms. Tobel. We have the applicants consultant, Dr. Kenneth Tram, from Morton Geosciences. Good evening. Thank you for the opportunity to present to Council. So if you could state your name and address. Sure. Thank you. Sorry, I was just jumping right in. Kenneth Tram, with Modern Geosciences, we're located in Colleyville, Texas. We'll say I've got my master's in PhD here at the University of Texas, Arlington. That buys me something. Anyway, I appreciate the opportunity. I'm here to answer any questions that you have before or during after. I've tried to bowl us down. I get into the weeds too much. So if you have anyone's in the weeds, let me know. Knowing that it was some new people coming into council, some staff thought it would be of interest to mention what an MSD is. For some of these may be your first opportunity to to vote on a municipal setting designation. In general, it describes as an economic development tool and that's its purpose here, but it complements getting closure of an environmental problem that's been a legacy element for quite a while. Originally passed in 2003 in the state of Texas, there's been 350 of them across Texas to date and there's been 16 of them here in Arlington. So as to where the property is it's on the very northern tip of the city of Arlington at 127121710 Calaway C Road, one of the notches you see in the piece of property actually is the Calaway Cemetery itself. It's approximately 50 acres. Today the primary tenants that are on this piece of property include a ready-mixed plan and several industrial uses, asphalt recycling facility, a mobile home refurbishing facility and construction management activities. The operations that are of interest for me as an environmental consultant looking at what are the issues and what need to be cleaned up or not really those per se, but really the historic operations that include a construction and demolition landfill, known as the Sego landfill, which was operated and closed in 1998. And then a second facility that kind of followed afterward that was known as Shredtech, where they also took construction and demolition waste, but focused primarily on the soil as part of that and the inert material. Then it composes about 28 acres on the southern parcel. This kind of large area that you see on the southern part of that, that's the Shredtech facility. It is to me, as with the landfill activity occurred right there. So while the Northern one was closed, the Southern one became a concern in 2003. There's been a few people who have approached the property owner on redevelopment options and what can go for, but there's always been an environmental stigma on this piece of property. In working with the state, there's been 30 borings and test pits done across the property for me to determine what was inside that film material. There were 10 wells placed on the property and around the property, and then we took surface samples because the Viridian development is immediately south of this. And a lot of our work has been with them and communicating with them because the end of the day the three development property probably needs to fit with what's going on in veridians. So some of their sampling is complimentary to ours as well. So from all that assessment, we actually don't have any sole impacts that would exceed what we call TURP PCLs today. We do have, as a residual halo of elevated lead that remains on the southern part of the property. That's primarily there because there's a certain amount of methane that's related to the material that was landfill in the property. You kind of get a halo that goes around it. What we do know is that we sampled the surface water that's communicating with it and it's not there. So it's really just underneath this footprint. So in working with the TCQ, we put forward several options that can get us from here to redevelopment, and that's how we got to the MSD. So with the MSD, we're looking at a 3D area, basically, that we'll cover in this case about 100 feet and really just put an ordinance that's on this property itself. So it matches the footprint of the property down to 100 feet and really just put an ordinance that's on this property itself. So it matches the footprint of the property down to 100 feet and just prohibit the ingestion of groundwater from within that very only on the piece of property itself. So the site, for it to address its final regulatory closures, it's really got two things it has to do. One of them is closure within the corrective action program, which uses the Texas risk reduction program, which is a set of rules that the MSD will help them move forward with. The second part is to address the MSW, right? The municipal sawdways that was placed there. And that will have a grading component where they actually can no longer have this big mountain that's there. They'll need to grade with nothing more than a one per four slope, so a 25% slope. So there's a future grading component that'll be worked out with whatever the future redevelopment plan is with Viridian. But for me, the first step in this journey will be to address the groundwater part that you saw. And to do that, that's what the MSD is for. As part of the MSD process, we look, and this is really beyond the MSD process, for any release that you find, we look for water wells within a half mile, and we look for potential receptors. In this case, there are no receptors using this shallow groundwater, and we know from the surface water that's not moving beyond the property itself. So there's not a potentially receptive, receptive, receptor that's threatened. So our next steps are to be right here. Request an AMSD ordinance. And then after that step, should we be fortunate enough to get the ordinance? We'll communicate and complete all the notifications and resolutions for the surrounding cities. All right. I went through a lot of stuff there. Hopefully you've got some questions. Any questions? Councilmember Parker. Up along that road road track there, there's that you shredded area that's up there. That is a huge pile of shingles, is it not? That's correct. I think that's part of the asphalt business. Yes, that was there. And you've tested the groundwater up in that area. Correct. Immediately downgrading of where the shingles are staged today. We don't have VOCs, TPH, metals. We don't have an exceedance in the groundwater. So I can say that part, yes. Okay, that's amazing because that thing is a mess. So anyway. I agree. Whatever can be done with that particular property, I readily have added. The quick move it to redevelop it. You'll more get people interested to take it away. I don't see how anybody can, it's legal to do what they do up there. Okay. I don't disagree with that. Thank you much. Yes, sir. Any other questions? Okay. Then any speakers, Miss Epina? Mayor, we do have one speaker tonight, Kim Feele. Who's here in opposition? Miss Feele? Kim Feele, 49 Elm Street. Please deny or at least table, Ms. D17 dashed one until study can be done to see how appropriately Arlington has been spending its 2013 EPA $400,000 federal grant monies on actual brown fields clean up versus handouts to environmental consultants, TeraCon and modern G.S. Sciences. Who paid for your consultation? The owner of the property. Okay. Thank you. the . . . . . . . . . . . . . . . . . . . . . in some of these MSDs, the one by my house, I believe the guy was deceased and the city paid for them. The requester of this particular MSD is now out of business. And MSD says you will forever forgive the correct remediation cleanup. That's what an MSD is. So when they move this, they're not remediating, they're moving and they're actually disturbing constituents. Please note that this particular of these two addresses belong to Mr. Clyde Goffrey. That the value of this land, and he's got the money to pay for a consultant, he's got the money to clean this up. It's under a million dollars. Near this is the actual asphalt company. And SRED tech has been in the business of waste management. And this is near the Veridian, so we need to be vigilant that this needs to be remediated. This area is also where the legend range resources, two pad sites of natural gas wells were that were plugged in abandoned. They failed city inspections. It's also the home to the Dino dig and the Barnett Shell's largest fault line, 18,000 feet deep. I pulled the Army Cor Corps of Engineers report to see if there was any mention of alleged buried jet fuel tanks that someone told me about. To this day, we don't know if they're down there. Did y'all have any fines of... If there was Frac San Mining, which from some of the Google Earth views show, that there's asphalt company, it looks like FracSan mining. There's Foculin and a Krillinmide contamination concerns, but he's saying there's lead and some other technical things that I haven't seen the actual report on. But lead is a very troubling thing, and the reason is, is our water can come to from the municipal source, and by the time it comes through soils, it can leach, PVC piping, or HDPE. And we use latrinchless digging, where we piggyback plastic pipes through the failed metal piping. So the water cannot be guaranteed that it leaves the plant and is potable when you're ready to drink it. And this is by the Viridian. So I do have a question. Can council ever recall one MSD that they actually said no to, that they actually held the owners responsible for their own correct remediation? And MSD says you're not going to clean this up, you're just going to develop it. Thank you. A fam would you like the opportunity to answer? Sure, there's a lot to unpack there. But in general, an MSD is no more than a potable ground water use restriction on a piece of property. It's saying within that box you will not drink this water. It is no more or less. The rest of the closure requires we do everything else according to the TCEQ which is who we're in front of to get closure and this is a tool that we brought up to them and they said that's a great idea. Councilmember Rivera. Thank youero. Councillor Romero. Thank you, Mayor. Actually, I was going to ask you to address what you just did. And as a fellow UTA graduate, whenever we get around to it, I'll make the motion. Or second, Charlie wants to make the motion to your... To why you're here. Thank you, sir. Okay. With that, make a move for approval. Well, goodness. Charlie, let that make a move for approval. Well, goodness. Charlie, it's any other questions first. Right. So you know other questions and I can close the public hearing. Council member Rivera. Move for approval. Okay, we have a motion for approval from Council member Rivera. And a second from Council member Wolff. Please cast your votes. Motion passes. Next we move to ordinance's final reading. And I will call upon Councilmember K. Parts. Mayor, I move to remove the item from the table. Okay, we have a motion to remove it from the table. Do we have a second? Okay, we have a police catcher votes. Motion passes to remove from the table. And this is the amendment to the health and sanitation chapter relative to smoking regulations. There has been a whole lot of research, public hearings, public input from both sides, and then we had quite a bit of discussion this afternoon and work session. And I'd now like to call upon councilmember for our Myers to go over what we talked about this afternoon. Thank you, Mayor. Actually, in light of all of the comments and our discussion in session this afternoon, I really would like to call upon Mr. Barber to come up and explain the changes that were made to the ordinance, if that would be appropriate. Yes, Mr. Barber, please go through what we discussed as far as amendments to the ordinance. Thank you, Mayor David Barber, Assistant City Attorney. For some to counsel's direction at this afternoon's work session, you have a substitute ordinance before you tonight. That has changed the ordinance that was passed on first reading to remove electronic smoking devices from being covered under the ordinance. So vaping will not be covered under the ordinance that's before you. Reduces the distance from 50 feet to 15 feet. Where smoking is going to be prohibited outside. The primary entrance of a bar nightclub sexually-oriented business, billured hall or bowling center. And the ordinance removes the exception for smoking in a private club at Globe Life Park and it also provides a definition for conveyance. I'm happy to answer any questions you might have. Council member for our Mars. Mr. Barber, I believe you brought also to our attention the fact that in the updated document that was provided to us just before we came out that there was in B9, any outdoor seating or serving of areas of eating style, should the bar should be struck as well? Yes, ma'am. the amendments tonight that came across that section. It seems to conflict with the intent expressed by council this afternoon. So if you would want to remove that pervasion, your motion should reflect that. The ordinance you had before you does not have that deletion since you didn't expressly tell me to remove it. I just want to let you know that that is there. Yes, go ahead. And Mr. Vover, one follow-up question. All the changes that have been made to this current ordinance will still, we will still, as a city, be recognized as a smoke-free city. That's my understanding, yes ma'am. Thank you very much. Thank you, Mayor. Any other questions from Mr. Borber? Councilmember Rivera. Just for clarification, again, Bingo then would be covered, meaning that they would be able to continue as they are today, is that correct? That's correct. Thank you. Any other questions? Okay. Thank you, Mr. Barber. Now, Miss Sopino, we will now allow speakers to come up on this item, but we wanted to be sure and present this new information to our audience here that we did work on this afternoon. Miss Appino. Thank you, Mayor. We have 14 speakers and 49 nonspeakers here in support, and. We have 14 speakers and 49 non-speakers here in support. And then we have 26 speakers and 33 non-speakers here in opposition. So our first speaker here in support is Steve Love. And following Mr. Love will be Judy Northrop, Victorian Nelson, K. Cam and Connie Kerr. And if folks could just line up and be prepared to speak, we would appreciate that. So Mr. Love. Mayor Williams, honorable members of the City Council. I'm Steve Love, 300 Dec or Drive, Irving, Texas. I'm President and CEO of the Dallas Fort Worth Hospital Council. And you were kind enough to let me speak for the third time before you so I'm not going to repeat myself. After the last council meeting, one of the things that I went back and looked at, the Centers for Disease Control looked at comprehensive smoke-free ordinances and cities. And they found that on average it led to a 15% decrease in hospitalization related to cardiovascular illnesses and a 16% in stroke hospitalization decrease. We get all the hospitals data that are members, and we have 90 member hospitals. And I said before, the hospitals here in Arlington are excellent hospitals. And Arlington is very blessed to have them. But in pulling their data, I went to 2015. There are over 1,000 people that had lung cancer related hospital visits here in Allington and they had 7,313 people that had had heart related visits. And when I go back to the cancer related along, 80% of lung cancer is tied to cigarette smoking. I looked at what the charges were for those services. It was approximately $380 million that were charged related to this. So on behalf of the hospitals, the benefits of a smoke-free city or improved public health health care savings as far as health care costs, increased productivity, a much stronger economy, and the people in Allington deserve to breathe smoke-free air. Thank you very much, and we hope you'll vote to support the swordmen's. Mayor Williams and City Council members my name is Judy Northup and I reside at 3112 Westador Drive 76015. I'm here tonight as a lifelong resident of Arlington, a graduate of Arlington High School in UTA. I'm a retired aerospace executive and a current business owner in Southeast, Arlington. I have passionately worked on the impact task for studying and supporting a smoke-free Arlington designation for two years. We believe it is vital to have a strong, strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong, and strong worked on the impact task for studying and supporting a smoke-free Arlington designation for two years. We believe it is vital to ensure that every member of our Arlington community can contribute as employees without sacrificing their health. I worked half of my corporate life in a smoking environment. I was also a less than half a pack day smoker for 20 years. I thought that not doing tube, that was not doing too bad when I was only smoking six-six a day. However, I'm smarter now and I know more and the evidence says that even though I was experiencing a smoking only six cigarettes a day, I was experiencing over a pack of cigarettes every day because of second hand smoke. So we can accept the risk as individual adults that we have our right or our freedom to smoke. But as a business owner, I do not ever want one of my employees put at risk for smoking in the workplace, knowing what I know now about the dangers of secondhand smoke. Last year I had my right upper loath of my lung removed, which they had been watching for several years. I was lucky because my lymphoma was totally within that sack of that lung that was removed. However, in my most latest follow-ups CT scan, we now have followed new growth and issues in my right middle low. growth and issues in my right middle low. So the watch starts again. So making this change and voting yes to a true completion of a smoking ordinance that we stepped up to several years ago is not necessarily going to help me or my generation. Maybe it won't help the current, but it's going to help future Arlington generation. And I urge you to vote yes to this comprehensive smoking ordinance. Thank you. Thank you. Victoria Nelson. Good evening. I'm Victoria Nelson and I live at 8021 shadow with Drive in North Richland Hills 76182. Good evening, Mayor Williams and members of the council. As a community member, I support a comprehensive smoke-free workplace ordinance. My husband works here in Arlington and he's here with me tonight, and my family regularly supports businesses here. I want to be clear, this ordinance isn't about the right to smoke. It's about the right of all employees to a safe workplace. I used to work in a bioscience research lab where we took necessary precautions to protect ourselves from some of the same carcinogens that are found in secondhand smoke. I believe all Arlington workers should be protected from similar dangers no matter where they work. I'm also here tonight representing the American Heart Association's State Advocacy team and speak on behalf of our 28,000 advocates statewide when I say we have your back. Our American Heart Association, Terrent County Board Chair, Dr. Strenivas Gudi-Metla, testified previously, but he couldn't be here tonight because he's helping a patient in surgery right now. So he shared a letter for me to read to you. Mayor Williams and members of the Arlington City Council on behalf of our board partners and nearly 1,000 volunteers who live in work in Arlington, I'm here to express our full support for the City of Arlington to pass a comprehensive smoke free ordinance that protects every Arlington worker from dangerous exposure to secondhand smoke. While I, Dr. Sweeney, is speaking to you tonight on behalf of the American Heart Association, he's also speaking as a cardiologist with Texas Health Resources. The impact of exposure to secondhand smoke is something he knows all too well. As the third leading preventable cause of death, exposure to secondhand smoke can increase in non-smokers risk of heart disease and lung cancer by 30%. Comprehensive smoke-free indoor workplace laws, or laws that protect every worker from this toxic exposure to secondhand smoke, have been proven to reduce the number of people affected by these diseases. They are associated with a rapid 15% decrease in heart attack hospitalizations and a 16% decrease for stroke. Simply put, comprehensive smoke-free ordinances save lives. And not only that, but study after study of cities that have passed these ordinances show no impact to business occurs as a result. Reports show that non-smokers are not only willing to continue to frequent their favorite establishments, but businesses have more productive employees and lower cleaning and operating costs. All of this for simply asking smokers to step outside. Thank you for your time and I encourage you to act soon to ensure no worker in Arlington ever has to sacrifice their health to earn a paycheck. Thank you. Thank you. Thank you. Okay, Cam. Good evening, Mayor and members of the council. My name is Kay Cam. I represent the American Cancer Society Cancer Action Network. The advocacy affiliate of what you all know is the American Cancer Society, and I'm at $8,900 Carpenter Freeway in Dallas. I was just thinking, this is actually the third ordinance I've worked on in your city since I started working for the American Cancer Society and ACS Can. For this particular ordinance, I'm relatively sure that you're looking forward to the fact that you will vote tonight and you won't have to see me for a while. And I'm not going to go through a litany of facts in the big years for you because we've really done that over the past several meetings. But I just wanted to remind you a few things. Science on second hand smoke is actually very clear. Tobacco has a negative effect not just on your heart, not just on your lungs, and not just on your respiratory system. But according to the US Surgeon General, it's just about every major organ of your body, including your pancreas, and who would have ever come up with that one when you're talking about second-hand smoke. But it's important for those of us who support comprehensive ordinances to just remind you, as Victoria just did, this is about indoor exposure to a very harmful and sometimes deadly substance. And in terms of cancer risk, which is what we represent, workers who are exposed to second-hand smoke are 20 to 30% more likely to develop cancer. So we're here again tonight to ask you to take the steps necessary to protect public health, workers and customers in Arlington from the indoor exposure to second hand smoke. And it's not about telling people they can't smoke. I mean, what I love to do that personally, sure. But that's not real, and I get that. It's not my place to tell you you can or you cannot smoke. All we're really asking is please step outside, have your cigarette outside, and then come back indoors so that we can all enjoy clean air inside of buildings. By voting tonight to adopt a comprehensive ordinance for this city, you not only join the ranks of 73 and yes it's 73 every week, every time we come back that number goes up. So we're up to 73 cities now, but you will reassert yourself as the progressive city that Arlington has been known to be when it comes to this very issue. I used to come to Arlington for entertainment long before I worked here a number of years ago, just because I knew I could come someplace and not have to breathe secondhand smoke, just because I found it offensive and it kind of made me sick. But you can take that step tonight. You can be sitting number 74, and you can show that you care about the health and safety of the people who work in your community and who live here. Thank you. Thank you. Connie Curl. Following Ms. Curl, we don't dare of it. Holly Hyde, Ruma Brown, Jasmine Ward and Laura Capick. My name is Connie Curl. I live at 5 503 Rome Court. I've been a resident of Arlington since 1981. Mayor Williams and council members this evening I'm here again on behalf of the Arlington Smuck Free Arlington Coalition to ask you to please pass the comprehensive Smuck Free ordinance for indoor workspaces in our city. As you all know, this has been a project, a passion for me, for a number of years. And in the past year, the community has really come together in force to express that they are ready for this ordinance to happen here in Arlington. We have 27 organizations that are a part of our Smuck Free Coalition and 1800, about 1800 supporters right now of a Smuck Free ordinance. Smuck Free indoor work spaces are not anything new. We now, as Kay said, are up to 73 cities. I think when we first started having conversations here, a few weeks ago, it was 68 or 69. Those smoke-free cities have not rolled up their sidewalks. They have not put, we are out of business signs on the doors. In fact, they are thriving along with the 25 states that are smoke-free across the country. While Arlington was on the cutting edge in the early 90s, when we first gave smoke-free the clean sailing into restaurants at that time. Now Arlington is behind. As the leadership of our city, you need to consider the importance of attracting and retaining a workforce that prioritizes health as we look forward to the economy of Arlington in five, 10, 15 years down the road. of Arlington in five, 10, 15 years down the road. You guys are our electorate and ladies, sorry, I used to you guys. You are our elected officials, our representatives. Arlington citizens look to you to ensure our security, our safety, our well-being and our health. At your vote a few weeks ago, you publicly expressed your support for this issue. The community stands behind you. Tonight I ask you to stick to your word, protect the public health of Arlington and vote to adopt this ordinance. A smoke-free Arlington is our future. Thank you. Donna Derivic. Okay. Holly Hyde. Hello Mayor Williams, Council members. Holly Hyde. 1305 Sherwood Drive, Nurse Practitioner with Central Park, Ear Nose Throat, in Arlington. It's me again, passionate as ever. I really want to express my full support for this ordinance. I see the dangers of first hand every day at work of second hand smoke. Just this week, I had two gentlemen in my office with lung cancer from second hand smoke. Neither one were smokers, but they lived with smokers. They worked with smokers. So this week, especially this ordinance has come into my mind. No Arlington workers should have to be subjected to second hand smoke or its adverse health consequences simply to earn a living. Over the past month you've heard all the statistics you've seen all of the data. There is no safe level of second-hand smoke exposure. 73 other cities in Texas have gone smoke-free, including Dallas. I can't believe we all at Dallas like get ahead of us. Dallas, Austin, San Antonio, let's join that great list. We can do this. We were the first to go in the restaurants with smoke-free and I for one thought that was fabulous. Let's do this again. Let's join this list. Let's make Arlington the great place that it continues to be and continue to be forward. Let's be forward thinking with this. So please, I urge you to take this critical step in protecting the health of every worker to ensure Arlington is a healthy place for all, not just those who I'm fortunate to work in healthcare facility, so we don't allow smoking. They have to go outside behind the dumpster because we don't want anyone of our patients to see that we might have employed someone who actually smokes. So please vote in support of this comprehensive smoke free ordinance with no exceptions. It's really important for us to do for the city of Arlington so we can move forward for myself, my children, my children's children. Okay, thank you. Thank you. Thank you. A room of brown. Good evening. My name is Ruma Brown. I am addresses 31 30 108 Heritage Lane Fort Worth, Texas. As a volunteer for the American Heart Association, I'm here to remind us all of the health effects of this ordinance. Each year, approximately 42,000 U.S US citizens die from exposure to second hand smoke. We need to stop this from happening in Arlington, Texas. Smoke free policies in public places and workplaces are associated with a reduction in heart disease and stroke. As someone who loves Arlington, Texas, and cares about the health of everyone, in Arlington Texas, I ask you to support and pass the Smoke Free Orders tonight. Thank you. Thank you. I'm going to speak. Hello Mayor Williams and members of the council. My name is Jasmine Ward. I reside in 1922. Cato Village Road, Arlington, Texas, 76001. I just wanted to make sure every time I come here I say I'm not going to speak. I'm not going to speak. I'm not going to speak. But okay, we have heard time and time again about the negative impacts of smoking on the lives of those who choose to smoke as well as those who are forced to enhance smoke from others. I just think about the fact that I turned down a job that I really, really wanted to do because of the requirement to go into night clubs and bars to do HIV testing and counseling. I just felt like I couldn't do it because not necessarily I had any type of objection to the job, but it was because I have severe asthma. Months later, I was talking to someone who actually worked at the place where I wanted to work and they told me that the young lady who took the job actually decided to quit because she got pregnant and she felt like she could no longer put herself at risk. As a mother or four I get it. I firmly believe that no one should have to sacrifice their health for a paycheck. The irony in all of this is that employers often go through, go to great lengths to create safe and healthful workplaces, but somehow, a known carcinogen, deadly carcinogen is justifiable based on the industry. I believe that health is a basic right for everyone. From the privilege to the disadvantaged, owners to the ores, employers and employees. We should do what's right and join the 73 other cities in Texas to adopt comprehensive smoke free workplace ordinance. Thank you. Thank you. Laura Capick, following this topic will be a Shell Morgan, Debra Rockmore, and David Fusco. Mayor Williams, council, my name is Laura Capick. I reside at 49.05 stage line. As a board member of M-PAC and also a citizen of Arlington, I wanted to come tonight and thank you for you all doing your due diligence and working with both sides of the community to solve this problem. There is not a person on this council that doesn't know what the right thing to do is tonight. And that is the past, the ordinance. There's not a person in this room or in the city that doesn't know the health effects of smoking. But that's not a decision that anybody can make for them. But that's not a decision that anybody can make for them. But this is something that not only impact brought forward, but the community. Impact has been around for 11 years, and there's not a person in this council and most community members that don't realize how hard this community group works for the betterment of Arlington. So I just wanted to come and thank you all for working so hard on this and to pass this ordinance tonight for the betterment of Arlington. Thank you. Thank you. Mayor Williams, Arlington City Council, Ashall Morgan, one in five, Decker Court, Irving, Texas. Given this is our fourth meeting in a row now that we've gotten to share it together, you guys all know that I'm here tonight representing the over 1700 supporters we have for Smokefree Arlington, as well as the American Heart Association. On behalf of all of these individuals, not only the 1700, I think we're nearing 150 folks that have showed up to counsel over the last month or so. On behalf of all of them, I'm here to express our enthusiastic support for you to take a final step tonight to pass a comprehensive ordinance that covers all indoor workplaces. Tonight is your opportunity to ensure that no person looking to contribute to the Arlington economy now or in the future ever has to sacrifice their health just to earn a paycheck. Over the last few meetings you've heard me talk about a multitude of points including health impact, economic trends, the real impacts like a hand smoke has had on my own father's part health. Tonight I want to take this time to remind you that this has nothing to do with infringing on the rights of business owners. Instead it has everything to do with creating a thriving business climate that prioritizes the personal right that you have that I have that all employees have to breathe safe smoke-free air while we build a life for ourselves and for our families. As you've heard me acknowledge before, if we truly believe that this is an issue for a business owner rights, I would urge you to also do away step for Arlington to join that list of 73 cities right here in Texas with a comprehensive smoke free ordinance. Please vote yes to protect every indoor workplace from the dangers of secondhand smoke. Thank you. Thank you. Deborah Rockmore. Good evening Mayor and Council. Excuse me, I didn't expect that I was going to speak tonight. My name is Deborah Rockmore and I live in Fort Worth, 7-612-3. I come here as a citizen of the state but also a public health, very passionate about public health. In the past, I have been part of, because I'm from Illinois, smoke-free Illinois. And I've been part of helping restaurants in the city go smoke-free. And even though we had other people who didn't want to go smoke-free, our restaurants later found out that they had more business. Their business did not fail because of going smoke free. I'm very passionate about public health and going smoke free. Not because I'm against smokers, I have many smokers in my family that I love dearly. I've helped people quit smoking in my work and also in my volunteer. And so in some of my experience with working with restaurants going smoke free, they have not lost business, they gained business, they gained families being able to enjoy those businesses and those restaurants more. So I encourage you to help us protect our other loved ones in being going for this ordinance. Thank you. Thank you. Thank you. David Fusco. Good evening, good evening, Mayor Williams and members of the City Council on David Fusco, 22-07 Canyon would drive. I've lived in the city for 46 years. I'm sure you had to jump through hoops and perform minor miracles to get not one, but two billion dollar sports stadiums built in the city, of course, one is coming up. Completing a smoking ban in all public places and workplaces is something which you should be able to do in your sleep after that. I know you can do it. I don't need to bring in studies and there are hundreds of thousands from other cities showing that smoke free air is good for business and for people. Arlington has already proven that smoke free air is good for people and for business. We've done it for years. So a few tobacco pusher mouthpieces are once again claiming that smoking is bad for business. What did you expect? Tobacco pusher's worldwide are a trillion dollar cartel. The pushers know that smoke free air is good for Arlington and other cities, but bad for them. Believe me, if smoke free air were good for the pushers, they would be bombarding you and droves to demand that you make every square inch of Arlington smoke free. I'm sure that not that many years ago, some people claim that if smoking was banned at city council meetings, nobody would show up anymore. Well, you know what that has improved to be true? That's just as unfounded as the naysayers you're hearing now from that minority. And you know where else smoking used to be allowed? The Arlington Public Library, unbelievably. And I know because I was there and I encountered it. Even into the 80s, can you imagine the damage toxic tobacco smokers doing not only to people, but to all the books, paintings, and all the valuables in the building. And I remember a few smokers then claiming and saying to me, if we ban smoking here, no one's going to come to the library anymore. That didn't prove to be true either. At the top of the meeting, I heard several people mention the infamous phrase, turn around, don't drown, which I wish everyone would obey. I think we all do. How about a new model for Arlington? Be good folk and please don't smoke. Thank you very much. Here are those are all our speakers in support. We have 51 non-speakers here in support. If you can read those out and as your name is called, if you could raise your hand. Kim Feele, Nikki Tucker, way son, Max Fulton, Ruby Villegas, Ty vet, Luzon, Tom Brockinbush, Darrell Ward, Sarah Harwood, Sheila George, Diana Rochen, Olga Kuros, Meredith O'Neill, Michelle Craig, Kate Lino, April Baker, Alyssa Petty, Kendall Riddell, Yao Peng, Sylvia Hernandez, Martha Kinneard, Nicole Brinkley, or Bingley, excuse me, Ashley Paramore, Beth Brockinbush, Martha Maddox, Carla Crow, Sandra S. Hector Pena, Asel de Salazar, Eleanor Rodriguez, Hunter Nelson, Susan Fesco, Latanya Oondoui Uduñi, Julian Roberson, Joy Brandon, Udu Nyi, Julian Roberson, Joy Brandon, Dr. R. Wilson, Thalia Schaefen, James Schaefen, Kendra Gaini, Chad Gaini, Courtney Gaini, Ashley Hickson, Amanda Cox, Marvin Sutton, Raquel Sutton, Carolyn Johnson Harris, Claudia Perkins, Kendra Jones, Samantha Bender, Belinda Washington, and Alyssa Simmons. Okay, so now we'll move to the speakers in opposition. We have 26 Mayr. Our first speaker is Ron Thorsten. Following Mr. Thorsten, I'll be Tracy Ripley, Tanya Mueller, Alana Thornton, and Rachel Reynolds. Good evening, Council and Mayor Ron Thorsten, 1200 West Harris veterans foreign wars of America and South Oregon. This cartel that's been mentioned is you know big tobacco I guess they just we've the tobacco help build this country so for people that don't know the history of this country I sadly I can't help you. I firmly reject all the numbers and all the, my refer to as tripe that comes out of some of these people's mouths that you just can't, you can't take that verbatim because the numbers are trumped up. When they talk about smoking red and deaths, there's lots of a whole list of these smoking red and deaths. If somebody fell five years ago and a friend that fell, hit her head. And she died of a stroke later on in Lincoln, Coleman died of a, that was smoking-related disease. And she fell and it's a blunt force from on to her head. So be careful when you try to believe these numbers that they throw out. As far as second hand smoke, I think that's a hoax that's right along with man making global warming. It's just something else that's been debunked so many times. That keeps saying it's damaging and you get a little whispers smoke and you're just going to die. It's unbelievable. And I just can't believe that people will keep putting out numbers like that. 73 cities, I think that's 73 people that have bowed down to this radical idea of them controlling businesses under the thumb of government. So I think that for every time that somebody comes up like that, he goes down and you find out there's a radical group in the backside. When people come up here and talk about progressivism, let me explain what progressivism is. It's a radical left wing ideology. That's what this is. And if you bow down to it, I don't know why it would. I don't know what the advantage of getting this tax free, I mean that tax free, the smoke free label. I don't know who's benefiting from that. These people are not, the business owners, the people are getting lose, you're getting lose revenue, the only people that win are the left wing radicals. And there's deep pockets on the other side of this. I just, I smell something really nasty on the other side of this. It's politics one on one. It has nothing to do with safety and sanitation or anything like that. It's mislabeled. This is all politics. I take an oath, I lifetime oath, I support and defend the Constitution. And I'm trying to defend the people of Arlington's Constitution right now, Constitution rights. This is disgusting. So I surrender the rest of my time to the citizens of Arlington. Any questions? Thank you. Thank you. Hello, my name is Tracy Ripley. I'm the assistant to Nick Alexander, the president and general council of click spillards. I graduated from the University of Texas and clicked as my first job. I have been with click for 22 years and I'm thankful to enjoy the benefits of health insurance, 401k and four weeks of paid vacation every year. 22 years and I'm thankful to enjoy the benefits of health insurance, 401K, and four weeks of paid vacation every year. I love my job and the people I work with. During my 22 years with CLICS, the company has offered a smoking cessation policy, where CLICS will pay for any program to help you stop smoking and you don't have to succeed to get paid. I am a smoker and Nick has nagged me for 22 years to take advantage of the program, but I never have. In the 22 years that the program has been available, only one employee out of 250 to 300 employees has taken advantage of it and in the end she failed. The experts say that smoking bands do not harm bars or restaurants. In my 22 years, I have seen clicks locations in Tipea, Arizona, Phoenix, Arizona, three in Dallas, Austin, El Paso, and Corpus Christi closed due to smoking bands. I would like to keep my job. Please vote against the proposed ban. Thank you. Tony Mueller. Tony Mueller. Hello. My name is Tony Mueller and I live at 6204 Tempest Drive in South Arlington. I also work for clicks billiards. I started with clicks in Tempest, Arizona in 1994. I started as a waitress working my way through college. With the company, I was offered promotional availability. I was trained to become an assistant manager. I've been offered healthcare for one case. She already said all the list goes on and on. The city of Tempe had a referendum to vote on a smoking bin, which passed. Less than a year later later we were closed. I was given the opportunity to come to Arlington where I have since gotten married, had three children, purchased a home, and have lived here. Over the course of the past 20 years and as long as I've been at speed spilliers on 360, we have done me alone seven charity golf tournaments. One of them, which raised approximately $10,000 for HISP, which happened to benefit a personal, my sister-in-law who had bone cancer. We work with our customers to help charity tournaments for their families, for when someone passes. Click says, been very good to me and they're like a family. I make a very decent living. I have a middle income. And the prospect of losing my job as a woman in my mid 40s with three children is terrifying to me. And as far as sending my employees out back to smoke by the dumpster, I was highly offended by that. Highly offended by that. I would never treat them as an inferior. Thank you very much. Thank you for your time. Thank you. Alana Thornton. Mayor, council members, my name's Alana Thornton. I live at 900 Fish Creek Drive. I'm not as versed as those that have come before me, but I will say this. I've lived in this city for almost 12 years now. I am the worst kind of smoker there is. I'm a two-pack a day ex smoker. I can't stand the smell of it. I can't stand to be around people who smoke. I can't stand to be around anyone who's been near someone who has smoked. But this is about choice and this is about business. I've lost my dad and I've lost my grandfather along cancer. Do I want to smoke? No. Do I want my children, my family to be exposed to it? No, I don't. If you're talking about an ordinance that includes bars, billiard halls, as non-smoking facilities, this is not an ordinance that I would support. I'm an adult. I have a choice. I choose not to frequent establishments that allow smoking. I choose not to allow my children in areas where people smoke. Healthcare facilities, grocery stores, there's no business for people to be smoking in those types of facilities. But when you're talking about an adult environment, I will not support an ordinance such as this. Bars will lose business. We lose those bars. We lose those billiard halls. We lose the entertainment district. I do like to shoot pull. Sure, I'll go in for a couple hours. As soon as I get home, I strip down, I take a shower, and I get rid of the smell. It's not going to kill me to spend a couple hours in those facilities. I'm not going to take my children in there. I will not support and I will encourage you until the ordinance is rewritten to exclude those facilities. You're not going to get the support of the residents of Arlington, the way that we want to have the support. Thank you for your time. Thank you. Thank you. Thank you. Rachel Reynolds. I'm going to go ahead and get the staff. Good evening. Can you hear me? Or do I need to change this? Okay. That better? Okay. A little bit more? Okay. That's okay. Good evening. My name is Rachel Reynolds. I live at 6617. Saddle Ridge Road in Arlington, 7601-6. This evening, everybody is talking about the businesses. Tonight, I 6617 Saddle Ridge Road in Arlington, 7601-6. This evening everybody's talking about the businesses. Tonight, I'm talking about the fines. These fines are egregious in the amounts that y'all have said. The paperwork that I have made up for y'all, the very start of it, paperwork that I have made up for y'all. The very start of it is that y'all are taking away our constitutional rights to not, and the excessive bill shall not be required, excessive fines imposed, nor cool and unusual punishments inflicted. That is the eighth amendment of the United States Constitution. Applause courtesy of former Deputy Attorney General Sally Yates. There is no principle underlying our criminal justice system more essential than that we must treat equally the wealthy and the poor. As former Attorney General Kennedy said in 1962, if justice is a price in the marketplace, individual liberty will be curtailed and respect for law diminished. There is William Blackstone has discussed the right to be protected against the imposition of excessive fines, explaining that when assessing fines courts must consider when the age, the education, the character of the offender, the repetition or otherwise of the offense, the time, the place, the company were in with wherein it was committed, and all of these and a thousand other incidences which may aggravate or extenuate the crime. In 1833, the country banned debtors' prisons. It was upheld in 1970 by the US Supreme Court and again in 1983. These fines when our citizens cannot afford them at $2,000 or $1,750, what happens to them? They have once put out and they end up in jail. You are making nothing more than a debtor's prison out of our citizens. The maps will tell you exactly whether smokers are majority of the income of these smokers and the races of these smokers. The majority of the workers and the races of these smokers. The majority of them that you are hurting will be the low income and the black and Hispanic communities. My very last thing is on the very last page, remember that these egregious fines will be levied against the disenfranchised, the low income, minorities and businesses that are allowed smoking in their establishments. We do not need our jails to become nothing more than debtors prisons. Please vote against this ban or at least table indefinitely or bring it to a public vote of the people. Because there are 85 businesses that allow smoking in Arlington. And 90% of those are on the east side. Thank you. Thank you. John Smith. John Smith. Following Mr. Smith is going to be Andy Pryor, Kevin Carney, Jacob Kordava, Robert Blankato, and Nick Alexander. Mayor, council members. Can y'all hear me okay? Last time I was here two weeks ago, I spoke about how I feel that this is trampling private property rights and business owners and deeply infringing on personal liberties of all into the citizens. I didn't really want to talk about my situation, by the way, John Smith, 501.010.0, springs dry of Arlington, Texas. I own rock, Oaks Springs Drive, Arlington, Texas, I own Rock and Roll Vapes, also in Arlington, Texas. Tonight I was going to distinguish my product from traditional cigarettes. It seems like y'all kinda distinguished it out a little bit for me, so that kinda changed what I had to say. I do wanna reiterate that on principle, I'm against an amendment like this. On principle, on the liberty principle, the personal property rights or private property rights principle, I'm against an amendment like this. I did want to clarify some things or ask you guys to clarify some things if I could. On page three, where you define smoke, it seems like we may potentially have some dubious language here that could be construed to also still include electronic cigarettes. On the definition of smoke, you use the word vapors. Also down at the bottom, tobacco product, you define, you also use the word tobacco substitute. Couldn't electronic cigarette be considered a tobacco substitute? There's no clarification of that in here. Also, under smoking, third paragraph from the bottom, it says combustion of any tobacco product. There's no clarification on what combustion means. Now we call in my industry, we call our products non-combustibles. And I accept that as an industry-wide-use term. And so I would assume that this would not be misconstrued, but I would like some kind of a clarification on that. Furthermore, I really feel on principle alone as an American, as someone that believes in liberty, as someone that believes in the rights of private property owners, that government does not have the right to step on the public. Thank you for your time. Andy Pryor. If I could clarify for just a moment and thank you for pointing out the tobacco substitute at the end of page three. I think that's a point while taken. But with that, the intent is for tobacco product. That's what it says. And so I've never heard vaping being referred to as a tobacco product. So now the state of Texas has not changed the tax code. They did put age restrictions on us and they did lump us in with that concerning tobacco products which everybody in my industry was in compliance with that before it was law. At least I hope they were. We certainly were. But they have not changed the tax code to make us buy a tobacco sales tax permit so they do not consider a tobacco product. Well the amendments that you were read this evening before the testimony began was intended to make clear that electronic smoking or vaping is not prohibited by this ward. I understand. And I appreciate you guys taking the time. I do appreciate you pointing out that one because the tobacco substitute I think there is room for interpretation there perhaps and I would recommend if this moves forward this evening that we also delete that language. Thank you so much. Thank you. Now Miss Spino. Andy Pryor. I'm going to go to the next meeting. Now, Ms. Spino. Andy prior. Evening Mayor Council. My name is Andy prior to the 720 McAe Street here in Arlington. Last time I shared a few personal stories. I think there's plenty of statistics and figures being thrown around tonight. I do want to point out and highlight one thing. We had a very contentious election cycle last year, and there's a lot of accusations thrown around about people coming in from outside of Arlington to influence Arlington. I think it's very interesting to note tonight that the pro-smoking ordinance side was almost exclusively not Arlington residents. There were a couple of Orlents and residents, but not very many. And what you'll notice tonight is the people coming to speak against this ordinance are exclusively Orlents and residents. The people who will be affected by this ordinance. It's the citizens of Orlents and they're gonna be affected by this. I do echo some of the other comments that have been made about the fines being excessive, completely excessive. I think typical average in other cities as for my I've heard has been in the $200 range, definitely under $500 and to have a possible find of up to $2,000 is just beyond the pale. We were talking about the tobacco substitute point, so I'm glad that's being considered now. we were talking about the tobacco substitute point. So I'm glad that's being considered now. Generally speaking, I think this is absolutely 100% a property rights and liberty issue. And it's frustrating to have to come back over and over again to talk about that. And hopefully this issue will be put to bed soon. I look forward to y'all's vote this evening. So thank you for your time. Thank you. Thank you. Kevin Carney. Good evening, Mr. Mayor and council members. My name is Kevin Carney. I'd like to thank you for the work you've done in the amendments to this document. There are improvements, however, I still feel as leaves must be desired, specifically with regards to smoking and bars. Banting smoking and bars creates an economical imbalance. As you know, our next door neighbors of Pantigo and Fort Worth still allow smoking in bars. And make no mistake, if someone wants to smoke in a bar, they will make the short drive and small businesses will suffer. Individual liberties will suffer and Arlington will suffer. John Stollstone, I thundered with the definitions there, and I'm glad you're looking at that. I think you need a definition for combustion. It's not defined anywhere in the document and I think that would clear up those definitions. Another thing I've noticed is this document defines condominium and it goes into specific detail, but I don't see it used anywhere else in the document. And I've only had a short period of time to review this document. So, you know, at the earliest I'd like to ask that this be tabled. So we can all kind of get a final draft and actually take some time sit down and read it. Instead of just having a handout at the beginning of the meeting. Thank you. There. It's separate. Were you able to read the proposed ordinance that was adopted in four weeks ago? I was able to read it and it's so adding a word here, moving a word here. I feel like it can create kind of a legal imbalance on occasion and that's why I really want more time to kind of go through with a fine too. But keep in mind that you've been provided with a red line to see it incorrect. I was provided with it's a red line. Is that what you were given? I was given, oh there's no red on it. There's strike throughs. Okay, it's no, okay. There's a little confusion on the definition of red line. Red line, it may not be red in color, but it's got the deletions and additions to it. Okay, I'll just, all right. Yeah, all right. That's what I was trying to get to. Yes, thank you. I'll do it. All right. That's what I was trying to get to. Yes. Thank you. Jacob Kordoba. Hello, council. My name is Jacob Kordoba. I live in 1908 Margaret Drive in Arlington, Texas. I'm an Air Force war veteran. Definitely not a tobacco pusher. I'm a medical cannabis pusher, definitely not a tobacco pusher. I'm a medical cannabis pusher, but I do not smoke tobacco. Thank you for having us here tonight and thank you for reconsidering the smoke band since last council meeting. It was definitely nice to hear from all the people who work in smoking facilities recently tonight. I however don't think this solves much for privately owned businesses. I doubt there are any business owners who allow smoking in their facility here tonight in favor of the ordinance. I would go as far as I say 95% of the people in here in favor of the ordinance do not go like smoking facilities, don't go. Don't give them your business. That's how the USA works. I personally don't smoke. I can choose to not go to a smoking facility. As I said, last council meeting people who smoke, no it's unhealthy and already do it. They have free will. 73 smoke free cities, there's got to be at least 300 cities in Texas that allow it. 900 apparently. And to bring the children into this conversation is somewhat kind of a joke. How many children do you see at Milo's or the House Bar or Rusty's? They are being used as a political pawn in this argument tonight. Also as I said last time, we do not mind and welcome gathering up enough signatures to add this as a ballot initiative. I would recommend this council that we let the people of Arlington decide the outcome of the smoke free city instead of a council of nine if that's going to be it. That's all I got. Thank you all very much. Applause Thank you. Robert Blancato. Hello Mayor. City Council. My name is Robert Abe Blancato. I go by the name of Bobby. I'd like to start off saying I am a non-smoker. Never have smoked and I'm 54 years old. I've been into smoking, established just my entire life. When I had grown up, my dad took me into bars, bowling alleys, and it hasn't affected me at all. Unless you want to say I was stunning in height. But that just parted my family, but not very tall. But what I'm here for is the small bit businesses. Now there are cities around here that will still have to smoking. What you're telling me that I can't go into places that I've been frequently see all my life because you nine want to take that opportunity away from me and make me go someplace else where I can't be with my friends and my relatives. I don't think that's right. It's not right at all. This is America and we have our rights. Most of all we have our freedom of choice. And to me that means more than a lot of things. We have other people here regulating people that smoke to go to a dumpster ridiculous. We are not trash, my friends who smoke are not trash, they are human beings too. And they have the right for that choice. Small businesses, they say will not hurt, be hurt. That is so wrong. Because people have strenuous work days, they like to get off work, have a drink and smoke a cigarette. My dad worked in the steel mills, very rough living. And when he got off work, that's what he wanted to do. Now, he's still alive, he's 85 years old, he has no lung problems, he has no heart problems. For people to say that, it's just them, they're their way of trying to say, since I don't smoke, nobody should smoke. Nobody has the right to put that belief on anybody. Let the citizens decide, and we shouldn't have to go outside just to smoke a cigarette, and then be fine for it. We're not millionaires. We don't have a lot of money. We're working class people. And I'd like to thank you all for your time. And please vote against four against. Thank you. Applause. Nick Alexander. Following Mr. Alexander will be George Paradise, John Bacon, Brandon S. Dusty Reed and Damien Sheer. Nick Alexander. I live at 3100 Monticello Avenue in Dallas, Texas, 75205. We have had significant support from at least three of the councilmembers here. And I think that entitles me to make some observations of what's been going on. If you look around the council member, you've got a PhD, you've got an attorney, you've got an investment banker, you've got an American airline pilot. That's okay, don't worry. Did I say civil engineer? And substantial number of those supported us. And therefore, I'd like to make some observations. and substantial number of those supported us. And therefore I'd like to make some observations. First of all, you hear the experts coming in, they say there's no impact on the businesses. Well, I gave every single council member graphs of what happened the year before and then the years after and the results, you heard my assistant say of all the locations. You know, Dallas went on the smokey, but all three of our locations closed. Another point I want to make is that the successful, is that the denizens of the bars and billions, the big, is that the denizens of the bars and billiards, room, billiards halls, plan their case and explain that they are smokers, that they are adults, that they like their jobs and they need their jobs. Most of the council members have never seen that brand of the constituents. No, because you are the elite. When these people came in from the dive bars, it was probably an experience for you. But did I see contempt? No. Did I see disdain? No. I don't think so. I think I saw compassion, at least among some of the members. I think that most of the council members understood that these night people are adults, not children, and they are making an honest living and jobs that they enjoy. I'm asking that simply, that this be tabled until the new council members come in and give them a crack at it. About 23 seconds to say, I can find it. Okay, the cherries that we have supported, the Red Cross, $14,197, fallen heroes fund, $8,732, victims outreach, 7,472, victims outreach again, 466,4,612, Down syndrome, parents, $8,887, Down syndrome, parents, 9,612, and those are real charities. Mr. Minimus, Senator, Mr. Shepherd has questioned you. Madam Miss Alexander, Miss Shepherd has questioned. Yes, Dr. Alexander, I just wanted to clarify something. When we spoke, was it yesterday? Yeah, it had to be because I've been here all day today. When we spoke yesterday, I thought I was under the impression that the proposal that you had made in previous emails regarding smoking being permitted outside of your pool hall and outside of 15 feet from the entrance was acceptable to you. I'm hearing something different from you now. So which is it? Well, the, the, and I appreciate that change and that mitigates it. It mitigates it. And the most recent example in Waco, when they passed it, and everybody has those financial statements. And I would like to have somebody challenge the other side on their saying that there's no impact. It's absolutely an impact. And so the difference is, with a patio, instead of, you can now eat out something and what happened is in Waco. And the reason I did that is because the other competition, there's only two left in Waco. And the other guys had lower sales and they just closed this week. And so now I can make it. But how about aren't we allowed to make profits other than just get by? We put $930,000 at that one location and we've only recouped half of that so far. And then we'll never recoup it. So what was the purpose of our conversation yesterday then? I guess I'm a little bit confused because when we talk on the phone, you tell me one thing, you get up here and you testify to something else. So I just like to understand. Well, our conversations are usually not face to face and open. But I think I'm explaining myself now. Yes I appreciate at least being able to survive and keep our employees but I would like to be able to have our money recoups also over a period of years. Okay thank you. Thank you. George Paradise. Good evening. My name is George Paradise. I'm in Cannell College. Mr. Mayor, council members. Once again I want to congratulate you all on your re-election. We thank you for that. We know that there's bigger and better things on for some other red mobs. First off, this is kind of different for me because you started out when you amended this ordinance today. I'm tiny falling more in line. I always knew that this was inevitable within our city. It's got to happen somewhere along the line and it will. So I want to compliment each and every one of you for your diligence and what you've done to try and get closer to the people in more in line with the 15 feet and things that need to be done. Vapers me and out, the bingo halls and the fraternal organizations that operate and do those things. So I'm my hats off to you guys. And I thank you for what you have done. It's important to know that I am also a smoker, but it's important to know that we are going to do things as different. And I believe that everybody in this room can adapt, improvise, and overcome. We can make it if we pull together and do the things that we need to do as one. And now how difficult it is as a leader being passed, district president for North Central Texas, we know that we're never gonna please everyone. So it's a good start somewhere, and I thank you all for what you have done. And on a personal note, this is a month where we honor our brothers and sisters and given their ultimate sacrifice in their lives for not only our city, but for our nation. And the only thing else was that you've been there in many others, we have a ceremony on Memorial Day. I invite each and every one of you and everyone in this room. Show up, starts at noon, and we put on a pretty good feed for everybody that shows up. So again, I thank you for the time, and I know you guys will make the right decisions. Thank you. Thank you. John Bacon. Yes. Hello. My name is John Bacon. I'm 72 or 9 forest wind, Arlington, Texas. I've been a resident of Arlington since I was five years old. I'm 42 this year. I'm a U.S. Army veteran, a UTA alum, and a former member that had to stay at the Arlington Night Shelter for years. So I picked myself up, put myself back on top, and now I'm an aerospace engineer. Thank you. Why legitimately I'm not for it or against it. I'm for common sense. The fact that I can come in here as a non-lawyer and find five ways to get out of every single one of these ordinances. Case in point. Affirmative defense is, it is affirmative defense from prosecution under 6B6 which is the bars in the t- excuse my language. The sex clubs. That the facilities of the extinguished of smoking materials were not located within 15 feet. For the- oh, other businesses it says it's affirmative defense for 50 feet. So every business in this city now has to have a butt can within 15 feet if they're a bar. Or 50 feet if they're not a bar. Who's going to enforce that? Are you going to walk to every business and give fines for up to $2,000 a day for not having a butt can. And I know the whole point of the butt can is to keep the city clean. I'm all for it, all for it. And I'm a smoker, and I don't even smoke in my own house because I have kids. And I commend you for the changes you've had made. You've made great changes. You've made changes during this meeting that are apparently going to happen. I just ask you to reference those two areas because you've written a law that has no meaning when you can't enforce any of it. Just like the dog turned in at the at the dog shelter. You want to you chap has an ordinance that I have to pay $50 if I go turn in a dog that's not that is mine. What's to say I don't say I found it. You can't enforce a law when there's no ordinance to enforce the law. There's no point in the ordinance if you cannot enforce the ordinance Thank you for your time Brandon S Hello, my name is Brandon Shakir. I live at 809 Burk Hill Trail, Arlington, Texas I am a manager and a bart at the car. Hello, my name is Brandon Shaker. I live at 809. I am a manager and a bartender for a bar here off division, which I'm not going to state, but I do represent the bars on division. I did say this last week about the ordinance about 50 feet away from the bars. These are all used car lots. I was wanting to address about, if someone goes into that car, are they trespassing? Or do they get a PI, say, because they only had two beers or so outside? I also want to bring up the fact of all the people that are for this and saying all the numbers and that they brought all the doctors and people for all these health-oriented ex-nates. I get it. I smoke, I choose a smoke, I choose a go-in- in a bar that smokes, I choose to work in a bar that has smoking. For them to say we have to have our employees healthy and we have to take care of them. I chose to be in there. I didn't say I don't want to be in there. I've been in bars I've been non-smoking, I've been them. I didn't make nearly enough money, nearly enough. I like the ones that have smoke, 90% of our bar has smoking in it. And they're the nicest people. They're not criminals. They don't have to go to a dumpster to go smoke. A $2,000 fine, that sounds like it's a criminal offense. For $2,000 for a cigarette. If you caught me with a sack of weed, for $2,000, that might be some different. But a cigarette, that's a little outrageous. I know you guys saying about health for the kids and this and that and everybody else said all the other ones have said it to none of these kids and stuff are going down to vision. I mean, I know division's not the safest street to walk down at night, but I don't see any of these people over here going on to visit street coming in or any of our bars as well We have a different crowd off a division and all these bars on division. It is a different crowd And it's a little rough to walk through But it's a great area. It's downtown Arlington and I'm not trying to change downtown Arlington I like the way it is. Thank you Dusty Reed. Mayor. Council. My name is Dusty Reed. I'm C- 7 years old. I've been traveling, been with click spears for 33 years. I'm the remaining man, the remaining supervisor. My wife does the cleaning, so we go to work at 3 in the morning, and we work till five the next day. In this time we worked the Dallas stores where they went smoking and they closed. I live in Garland and I drive to Arlington to be in a bar that smokes, not because of all the riff-rats that's going on. But it's where the money is. Our intention has been good. The people here has been good. The hospital has been good. I had a heart attack here in 2004 and 2005. I was a heavy smoker, but it wasn't smoke related. I had a heat stroke. Later, 2013, I got cancer right here. I'm a cancerist cover. It was not caused by smokey. I used to smoke three packs a day and it's still in regard to my smoking. Everything that's happened to me happened because of other things. And I don't think it's right that the bar, you guys, take out smoking out of the bars. We need them in there. People need their place to go. Non-smokers got their place to go. If we don't have smoking, then the people are going to go somewhere else, like five minutes up the road. We need the people here. We have league players that come from Dallas. When they quit the smoking there, the league players came here because they can play pool here. They represent Arlington when they go to Vegas every year, May, in the month of May. Yes, we all go to Vegas and they represent the clubs they play out of and everything else. So we will go somewhere else. I mean, that's the thing. League players go where they can smoke, and there's a lot of them that don't smoke. They come because they enjoy coming in there. They're 21, they say we can be in there. Thank you. Thank you. Thank you. Thank you. Damon Shear. Following Mr. Shear will be John Davis, Shawna Ryder, Pablo Freyis, Sean Carly and Robert Harris. Hi, excuse me. Damon Shear. I live at 311 Brian with a Y Avenue in Fort Worth, but I'm here representing the Sunshine Bar at 902 West Division Street. We are the closest bar to the city of Arlington, jail, not that we ever get in trouble or anything. I moved down here 14 years ago from the state of New York right before they went statewide with their smoking ban. And a few months later, I went back up and visited and I forgot about it. And the first thing I did when I got to a bar was light up because I was used to doing it down here. And you know the bartender looked at me like, are you crazy? You know it's been six months, nobody can smoke in here. And you know it's part of conversation. I went outside or whatever and I did my thing and I came back and it's part of conversation. And I talked to a bunch of bartenders while I was there for And they all basically said that if it hadn't been a statewide ban, they might or might not have their jobs anymore because if it hadn't been a statewide ban, then everybody would have just gone from my home town, my city of Brighton. They would have just gone over to this suburb here or this suburb here or here. We're, Arlington's basically a donut hole in a donut of towns that allow smoking in their bars. So who's to say that they just don't go here or here or here? Pentigo, HEB, Fort Worth, I'm pretty sure you can still smoke in bars in Grand Prairie. So there's that. I think it shouldn't be city to city. I think that let the state decide and let everybody do it all at once. So that way there's no business advantage for any other towns that would take away from you guys as revenue too, right? On a personal note, for my personal revenue, I heard that you're talking about allowing people to smoke in patios. I'm against the ban, but if you're going to do the ban, I would like to keep the ban on the patios because Sunshine is, if not the oldest, one of the oldest bars in Arlington, and when you all re-zoned for the, you can't have a bar or a liquor license within 500 feet of a residence, we got grandfathered in. We now can't make any permanent structural changes, blah, blah, blah, et cetera, or we would lose our liquor license. And from what I understand, that includes building a patio up back. So now I'm at a distinct disadvantage, business-wise, for all the bars that I'm surrounded by, Caves Lounge that I share a parking lot with, Tom Stoffel less than half a mile down the road for just to name a two that have patios that now I'm really gonna have a hard time because literally they can walk across the parking lot and go and smoke. So, and like I said last time I was here two weeks ago, at least 90% of my regulars are smokers. And yes, I might get some new business in, but I feel like I'm probably going to lose more because of those things that I just talked about. Any questions? I think I've done. Mr. Shepherd, if I could clarify one thing on that, you set out back. Outback, like we have a front door that faces division street and then we have a back door and and maybe a hundred feet from our back doors caves lounges so you can they could they could go across the part like not even across the parking lot they could go part way across the parking lot let me let me explain okay so there's no requirement that you have a patio in the first place to be able to smoke outside right you're outside they have to go 50 feet from the door there. No, it's 15 feet from the primary entrance. Right. So unless you use your back door as a primary entrance, people can go out back and smoke all they want. Okay, I thought I said 15 feet from the primary and 50 feet from all others. Okay, no, okay. Now I heard you say don't change it at all. Well, no, I prefer don't change it at all. But I'd still like to keep the patios in the band because even if people can go outside, my right outside the back door, I mean a nice patio that they can go and sit on and bring their drinks because, you know, TABC says you can't bring your drinks outside if there's not a patio to bring it out to. So it still gives me a disadvantage for them to be able to go and drink outside and sit down. I understand. I just wanted to be. Okay. I would only have 15 feet from the main door and 50 feet from all other industries. No, they can smoke out back. John Davis. Thank you. Thank you. Thank you. John Davis. Thank you. John Davis. Shanna Ryder. Oh, that's how you all. It just makes me nervous. I have to get up here so you'll just have to excuse me. Greetings, Mayor. My name is Shona Ryder. I opened a small business. They're around about sports bar in Arlington approximately eight years ago. I don't know if any of this looks familiar to you all, but it's a little smoke colored. Because it's been hanging on my wall since 2012, October 30th of 2012. The last time I was up here speaking against this ordinance that they tried to pass then. And at that time, we went out and got signatures and signatures and fought and we won. Big relief because I was like, oh my goodness, I just barely got open. Now I'm going to shut this, not going to be good. Okay. That was the first thing I kind when it is such with you all. We fought and we won. And as we do, at that point it got tabled and we hope it gets tabled tonight and we hope it gets tabled forever tonight. Not just another three years down the line, let's make a little change here and put it dot here and cross this D here. And let's bring it back up unless let's all go get more signatures to fight this. I think you're finding that it is, everyone knows that this is a business owner's right to decide what they're doing inside their doors as long as we're following the law. And we are, we're over the age of 21. If we smoke a cigarette, we smoke a cigarette, you know, we're not doing anything to hurt anyone. We're not doing anything to purposely give someone cancer. We're not discriminating against people and making them smoke at a dumpster, okay? You know, and we do appreciate your concern for our health. and smoke at a dumpster. Okay? You know, and we do appreciate your concern for our health. The tobacco companies, though, and the tobacco industry makes it very clear to each and every one of us, our risk. And it can be compared to driving in Arlington after a football game when they can T and T stadium just let out, or any kind of five o'clock traffic. You could get killed on 360. And you could get cancer if you inhale second hand smoke. It's a chance you take when you walk into and it's smoking establishment. It's a chance you take when you drive down 360. The city says it wants to be 100% smoke free. That's fine in public places or where we've got children. I understand that. Your God say, my nieces and nephews, I've protect them like there's no other. But if we're going to do that, let's make it fair across the board. And I mean, completely across the board. Not the Moose Lodge gets exempt because they've donated this. Not AT&T stadium, they get exempt because of this. Not the ranger stadium, they're exempt because of this. It needs to be completely across the board. And I think that you'll find once you put it completely across the board, you're gonna have a whole lot more supporters against this. The city says, we're trying to, this is health. The people say they want us to be healthy. Okay, well, I want you all to take a look around this room. The obesity in this room just alone, is that caused from smoking? Or is it caused from McDonald's? Thank you. Pablo Freyes. Pablo Freyes. Good evening. My name is Pablo Freyes. I'm at 2609 East Williamsburg Manor, 76014. Thank you all, obviously, for at least listening to what we have to say, both pro and pro. Thank you. Thank you. Thank you. Thank you. Good evening. My name is Pablo Freyes. I'm at 2609 East Williamsburg Manor, 76014. Thank y'all, obviously, for at least listening to what we have to say both pro and against. Interesting and entertaining nights, say the least. Quick question right off the bat before I forget asking about it. You mentioned Councilman Shepard about the 15 and 50 foot rule. Could you clarify a little on section 10.02, smoking prohibited public places? B, six and seven. Just for clarification. Let's say that again, Mr. Freos. Could you clarify, because There was something about it. It was only 15 feet from the primary door. And there's just some language in here with regarding 50 feet outside of interest in the operating windows or ventilation systems, so on and so forth. So what's the clarification I'm sorry. It looks like the gentleman here you're already clarified. So what one is for billiards in bars and the other one is for sexually oriented businesses. No, for billiards bars sexually businesses, and what was the other one? But what was bars, and I think that it's actually from a home? All right, thank you. Yeah. There really isn't too much to say obviously. There's been a lot of people before me, but this is definitely a property rights issue. I understand that people who don't like smoke want this to be passed. It's understandable. Everyone again knows that smoking is bad for you. But if we could take a second to just replace the smoking portion of this ordinance and change it, let's say sugar or vehicles. Because those account for about 25 to 45,000 deaths per year as well. When is enough? Enough. This is a legitimate question. This is based on the principles and fundamentals of this country, of liberty. And this is property rights. This isn't about smoking for me at all because I don't like smoking, I don't smoke. This is someone's livelihood when we're talking about these bar owners here, or billiards or bowling halls or whatever the case may be, this is liberty. This is what we stand for. This is the oath that you took to defend. As a gentleman over here, also indicated that he saw or to defend. This is basic common sense. This should easily be tabled forever. It should never have to be brought up again. Someone mentioned that there is no safe level of secondhand smoke. Well I would answer that there is no safe level of tyranny. So please, I say table this. Thank you. Thank you. Thank you. Sean Corley. Sean Corley. Robert Harris. Following Mr. Harris will be Craig Saunders, Jeff Pitts, Kason Corbett and Brian Raokind? Yes, Robert Harris, 4,0001, St. Matt and Cordorlington, Texas. I did a lot of questioning this week, and I decided to call professionals, not city council members, not local health people. I called people in Washington, DC. I called scientists. I called people that work as industrial hygienist who testifying court cases around the country on things just like this. You probably don't know anything about my background, but I actually reduced carcinogens in the oil and gas industry. And some of my equipment that I designed and developed, and it's one of the leading industries right now across the country. You don't know that about me. I don't brag about it. I don't tell people, but I'm an expert in this field. Okay, and I'll tell you that right now. I'm number one, not number two in this country when it comes to doing this. Now, I talked to them and I asked them, I said, you know, it just, you know, when you get this gut feeling, you know, it just doesn't feel right. Something's not right here. The information's not right. So I started talking to some of them. They kept bringing up this term. They were talking about zero probability science. I never heard the term before. It was a new term to me. It's different from normal science. Normal science that I was taught in school starts with a hypothesis and moves forward to a conclusion. Zero probability science draws a conclusion and works backwards and says how do we get there? It's used in such industries as avionics for nuclear power plants, for the space shuttle program and things of that nature, where you need zero errors. That's the idea of zero errors. Because it's very important in those situations. Now, there's a problem with this science being used to conform laws because in the ultimate conclusion of this, once you eliminate all the problems in society, the only thing that's left is the human being. That becomes the error under zero probability science being pushed as legislation in the law. This is what I got from professionals in the field, from professionals that testifying cases. I asked him, I said, well, how do we beat this thing? And I'm just being totally honest with you, how do we beat this thing? Because I don't think it's right. I think it's a civil liberties issue. And they said, you can't, you won't, you'll lose. I said, really? Why? They said because their science is sound. It's accurate. And I said, so you're telling me if I go to court, we're going to lose. And they said, no, it'll never see the inside of a courtroom. I said, why is that? They said because they would lose. If it went to the inside of a courtroom, went to a jury trial, it would never pass muster. I said, how can that be? You just told me their science was factual and accurate and sound. The reason for that is zero probability science is based on aggregated averages. When you go into a court of law, it's based on individuals and it's based on damages. They can't prove damages with zero probability science. Zero probability science is not a new ideology, by the way. I'll make this quick. It's been used to some of the darker times in history of mankind. It was used during World War II in Germany to condemn entire race of people on the potential. It was used in our own country to make people ride on the back of the bus because of potential. This is a law based on potential. It's not based on damages. It's not based on truth. It's based on potential. And I disagree with that. Thank you. Thank you. Thank you. Applause. Craig Sanders. Good evening, Mr. Mayor, Councilmembers. I'm Craig Sanders, a non-smoker residing at 4605 RM's gate court. Good to see you all again, spend what, three days. Most of what I had to say has already been stated, so I won't belabor those points. I would, however, like to dispel one of the myths heard today. I was surrounded by smokers during my developing years and it obviously hasn't studied my growth. I'm just coming before you today just to oppose these additional restrictions on businesses. I have plenty of choice. I've never had a problem finding a non-smoking establishment to eat or drink or to party in. And I think our laws are restrictive enough as it is and to take away the liberties of some of these people that enjoy smoking while they're having their drinks or while they're associating with their friends is a bit too restrictive. Thank you very much for your time. Applause Jeff Pits Mayor Counsel, my name is Jeff Pits. I live at 34 or 6 Leighton Drive. I work at Arlington. Mayor Counsel. My name is Jeff Pitt. I live at 34 or 6 Leighton Drive. I work at Arlington. I work at Rusty's Billiards at 31-51 South Cooper. We've been at that location for 31 years. I've worked for them for 23. Before I started working there, the owners had the initiative to start a non-smoking side. And it's a nice feature, but its main purpose is on the weekends to catch the overflow for people waiting on smoking tables. It can't support itself. It's the income it brings in is not that much to the bottom line. It's just not supporting. But at the business we've held wedding receptions, wakes, military send-offs, birthday parties and everything in between to show our customers how much they mean to us. And for them to have those events there, it shows us how much we mean to our customers and our families. I have several customers who have met their significant other there and have gone on to have had families and stuff. And when their kids come back in, it's nice to see that you know, two people met, have had kids and now their kids are allowed to come back in. Although it definitely makes you feel old real quick. We take pride in our long-term employment and our low turnover rate. The majority of our employees smoke and they smoke before they got two russes. They enjoy the fact that they have a job where they can smoke while they work. The r provide, you know, this is not a summer job for these people. We provide a 401K paid vacation, insurance. This is something that's at risk if this is, this passes. The mom and pop establishments are truly going to be the ones that are hurt from this. As the cost of doing business always is on the rise, it's more important to make profit, like it's been said to not. So, and like I've said before, if we thought we would be any more profitable going non-smoking, we would already do it. And at our place, we prove that non-smoking is not profitable. It's a nice feature, but it's just not where the money is. We have customers from Dallas, other league teams from Dallas that come over to our place to practice and stuff, even though they play out of bars and dyes, so they can smoke. I'm truly worried about myself and my employees. Rusty's providing me income for the mortgage payment of my house that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I think that the right now, I'll have their choices made up for them. Now they'll have to go outside. You know, that's all I have. You know, we don't even have a chance for this to be grandfathered. Or if we're really asking is if the state of Texas goes non-smoking, then everybody's back on the same play and feel. Like I said, right now people just go to another city. Thanks. Thank you. Thank you. Thank you. Kase and Corbett. Hey there. My name is Kase and Corbett. And though I'm only 26 years old, I'm proud to say that I've lived in Arlington, Texas, my whole life. I love it here. My friends live here. My family lives here. I'm a former employee of Jeff Pitt, so you just talk to and Damon's here. I visit his establishment once a week. I love it there. And partly it's because I get to smoke there. If you already heard people come up and say that this is supposed to be an issue that's about civil liberties, and that's true, but I really want to dive into that for a second. Everyone in America, young and old, is well aware of the risks of smoking. Smokers do it anyway. It's our choice. We know we might get cancer. We don't care. Building on top of that, we aren't going to you saying we demand to smoke in schools. We're not going to you saying we demand to be able to smoke in this building or any other public building whatsoever. We're just asking that you leave what we have alone. Nobody has a problem with the restaurants. None of us do. And frankly, if you're complaining about the fact that you want to go have a drink without any smoke, well then head on down to Sherlock's. They don't take smoking there and I'm sure they'll be happy to take your money. Furthermore, the other argument I've heard is that they want to provide a safe place for someone to work. When is personal responsibility coming to this? Because I guarantee you for effect that when you go to a bar where they do smoking and you apply there, you aren't suddenly unaware of the fact that they're smoking allowed in there. The only reason that I see as valid is for the label, which I consider kind of selfish. Because in reality that label isn't worth a dime to me, or either of my friends who's bread you're stealing off their table with this ordinance. Restaurants didn't lose business from not smoking because they cater to hungry people. Everyone's hungry. Bars cater to smokers. It's a fact is why we go there And if you don't like it, it's your right not to leave. Please do not enforce on us when we're not trying to take away anything from you. That's all I have to say. Thank you. Thank you. Thank you. Thank you. Thank you. Thanks, thank you. Brian, is it Rao kind or Rao kind? I'm sorry, I'm mispronouncing. Brian, I have in sharp. Here he is. Okay, Brian. After Brian will be worn norad. I don't want to follow that guy. All right. Hi, my name is Brian Raffkin. 6901. We're in the shores court. I have lived in the city since I was six years old. And I have nothing to respect for you guys in the council. And you know what? Actually, I really like all these amendments. Unlike the majority of the speakers that have been speaking in favor of this ordinance, I am actually an Arlington resident that frequents the bars that are going to be affected by this. And so I just wanted to give a little drop my two cents. To me, this is an issue about public health because I mean, especially as 90's kids, we grew up with cartoon bees wrapping about like the dangers of second hand smoke. And I mean, everybody knows it, but once again, we choose to do it anyway. To me this is about the rights of property holders and personal accountability because if you own an establishment, you should have the right to decide whether you want that establishment to allow smoking or not. In the same way that people have the right not to go there if they do not want to be subjected to second hand smoke. One thing that I don't understand why no one has suggested is, we're not just required that people put a sign on the front that says this is a smoking establishment. So you don't have to be at risk to second hand smoke at all. You could just read it at the front, go home, and that's it. Because I mean, there's been a lot of talk about how this will not affect businesses, but I was actually on the UTA student congress when the tobacco ban was initially put into play. First off, no one's enforcing that over there, by the way. But second off, how many bars have we seen on campus that have come and gone and just failed in an hour gone. And I mean, we can come up with all sorts of reasons as to why that happened. But if you ask anyone why they're no longer going there, it's like, oh, well, you couldn't spoke there. So, I just went somewhere else. And with Pantico and DWG right over there, it's kind of the same kind of situation. And yeah, I don't know. I think that's pretty much it. I don't know, I've been here for a while. Yeah, Mr. Shepard. Did you just say that bars at UTA closed when the smoking ban went into effect? Yeah, I mean, digs like all sorts of places on college UTA. Like they just can't keep things open over there. That was on the UTA campus. Yeah, that was part of college town UTA, which was an agreement between UTA and the city of Arlington. Okay, all right. Yes. Wait, I feel like there's a, okay, no, that's probably it. Okay, bye guys. Thank you. Thank you. Warren Norrid. Good evening. Council Mayor and City of Aronson. I'm Lauren Norrid, 28, 03, Zimphendale Lane and Southside. First of all, I do want to say I appreciate the opportunity for us to have this community discussion. So many of the things have happened in the city. They come and go and they pass without any opportunity to talk. And I applaud that difference in past things. I also have Sam and non-smoker, although when I was working my way through UTA, I always worked the smoking sections because the centers did better. Absolutely. At one day to point, you can't take away. Everybody knows that. Down the street from us here, there's big signs that says, big letters, dream city. I have lived my life dreaming of things in this city, and I have had the opportunity to do some of those. All these people want to do is seek their dreams. That's it. They're not asking for anything. And every law that you pass, every ordinance that you pass, takes us further or closer to being the dream city for everybody. I would suggest to you that rather than working on these little things that make property values lower and do not increase the freedom of people to seek their dreams, that you ought to be looking at why did this business fail and how can we reduce regulations or lighten the burden so that they're more likely to succeed? And I would say that I haven't heard this out of any of you guys, but I've heard a lot of people talk in terms of, it's very paternalistic, generally speaking, the people who are going to be affected by this are a different economic class than the people that are sitting here. And they make less money and they're not living in the same world. And it's okay to just interfere with their lives because you know it's better for them. And I suggest you that's not the right way. I know none of you want them to lose their jobs. What you want is to pass a sloth, if everybody goes smoke-free, and it doesn't affect anybody. That's what you want. You're not gonna get that. You don't get to choose the secondary impacts of these things. The slogan of Arlington is not, we pass economic regulations that are mostly neutral. That's not it. That's not what you seek to do. And you don't have to do that. And I've seen that the council has said we appreciate the work that charitable organizations do. We talk about the first and second minute in a state a lot. The most primary fundamental liberty you have is a right to earn a living. That's it. There's nothing more fundamental. So just let people do that. I try to go faster. Talk about the smoke-free city destination. I'm appalled by this. 60-some other cities that do this. Since when are we about being like everybody else. What is that about? There are 40 other states plus that have income tax. Should taxes have it like everybody else. They have a city that has master's and we like them. Everybody else. That's silly. It's insulting to think we should seek the accolades of lesser entities. Lastly, this City Council often acts to assist certain businesses that are favored and the rest of the cities businesses do not get that favoritism. If you could at least say if you put in the new equipment maybe we give you a rebate on your property tax from City of Aronson to do this work. Some appreciation for the people who are putting in inventory, putting in signs, creating jobs without any help, and you slap them with a $5 or $10,000 equipment tax. Give them a break. Do something for them a little bit. That would be helpful. Anyway, I'll just encourage you to reconsider the pro-regulation approach to making the dream city and reducing regulation to making the dream city and reducing regulation to make the dream city better. Thank you. Thank you. Mayor, last speaker is Dr. Philip Huang, who's not, he didn't sign up and support our opposition. Good evening, Mayor and Council. Thank you for the opportunity to speak with you. I'm Dr. Phil Wong. I'm the Health Authority and Medical Director with City of Austin. And so I'm here really as a resource to share some of our experiences that we've had in Austin and some of the things that we've done. And first, first and foremost, this issue is a health issue. And as a physician and issue is a health issue. And as a physician and as a public health. Please let him speak. Excuse me, go ahead. Thank you. As a physician, as a public health official, I can tell you, those numbers are not phony numbers, as someone said. I bet every one of you knows someone who has been affected by whether primary smoking and also you can imagine second hand smoke. And I do what I do to try to address and help smokers and non smokers. I'll tell you, I really sympathize with all of the testimony that you've heard. And I'll tell you every single ordinance, everything curing and all those cities that you've seen had exactly the same arguments brought forward to them. Because I've been to a lot of these hearings too. And exactly the same arguments are made. But it is bottom line a health issue. And I believe that all populations should get the same protections from second hand smoke and not just the white collar settings and things. And so I think it's really important. And I firmly believe, and I think the data show, you know, your decisions on these can make, can really save lives, can help people. And again, I would argue with the person who said that smokers don't care or wanna keep smoking. You know, 70% of smokers want to quit. 59% have tried to quit in the last year. You look at New Year's resolutions for a smoker, the number one thing is to try to quit. And some of these things, you know, what's amazing about these ordinances that we've seen is that they're actually even popular among smokers, because smokers say they can help them cut back. And again, we hear it, and it's amazing. You wouldn't expect that that has been the experience. And so all these other communities that you've heard, you know, it's the major cities of the San Francisco, San Diego, Washington, D.C., Dallas, Houston, Austin. And I'll tell you, in Austin, people are still accomplishing their dreams. And so the other thing, you know, I wanna talk a little about in terms of the economic effects. And I've done some of the studies that look at the adverse economic impact. And there isn't. And you have to really look at these. And we try to look at objective data. And we've looked at comptroller sales data. You have to look at period of time before and after these ordinances go into effect. You control for underlying economic trends. You know, sort of do a fraction over total retail sales and things. And time after time, these ordinances, they have not had any adverse impact. And it makes perfect sense because I actually ran, there's been some surveys even in Fort Worth, Arlington, MSA. There was a survey, if there were total ban on smoking bars and music clubs, would you go to bars and music clubs, more or less would it make no difference? Nineteen said, percent said they go out more often. Only nine percent said less often. And 70 percent said no difference. So it's 89 percent that said it would either make no difference or they'd go out more often. And currently the smoking rates, one of the last thing, in your community are between 10, 15 percent. That means like 85 percent of the adults in your community are non-smoking. This is why you don't see these adverse economic impacts. You know you've got four times the population that are non-smokers that actually appreciate this. And living in Austin, I'll tell you, you literally two weeks ago, someone just said to me, I forget how good we have it in Austin until I go to some other city, and you forget that it still happens. And so I hope, again, if there's anything we can do to help you, we're happy to do that. Thank you. Thank you. Thank you. Thank you. That's all the speakers. Okay. Do we have any, any in opposition that we're not speakers? If 34. Okay. Do you want to read this? Richard Sparry. Dory O'Brien. William Busby. Jason Caswell. Theresa Rushing, Kelly Cannon, Gary Rice Jr., Karen Boisden, Stephanie Valdez, Ani De Leon, Justin McLaughlin, David Putnam, Heather Gilbert, Dakota Loop, Ryan Snyder, Kurt Wadsworth, Lisa Keane, Alex Poris, Chris Story, Chris Merchant, Caitlin Anderson, Adrian Hinyosa, Lindsey Gabriel, T. Patterson, Doug Bolden, Donna Brewer, Dorothy Renau, a remote, Matt Belmont, Robert Pesente, Patricia McGill, Tina McAulay, Ricardo Artega, and Jessica Good. So no other cards, no other speakers. No other cards. Okay. Then from there, we'll ask for any comments from the council and we'll close public hearing. Mr. Parker. Well, we've had about three sessions of this where we've set down and listened to both sides and it was an interesting debate. I must admit, I'm not a smoker, okay? And my definition of misery, there's only one thing worse than being locked up in a cockpit with a smoker, 12 hours, going from JFK to Cairo, and that's the return trip, which is 14 hours. So the bottom line, it's a pretty bad existence when you have to experience that. I believe, I firmly believe, this is me and probably only me, that this particular issue is a property rights issue and it should be cited by the individual who's made the investment in the property. And anytime that a government regulates the opportunity for that business to either succeed or fail, I think we're making a decision that probably shouldn't be made. Because that individual has made the financial investment that we are regulating. And I think that that's improper. So I think that you vote with your feet, okay? If you don't want to frequent an establishment, then don't go. I think that you can move to another establishment. I believe that my colleagues have done a wonderful job in trying to negotiate and reach a compromise within this particular document. And they have done a terrific job in trying to reach middle ground where everybody can be pleased at some point. But it isn't going to please that business owner who is going to be in some way restricted for his success. And so although I think that this particular ordinance has possibilities, I personally won't be able to support this evening. Thank you. Thank you, Mayor. Like Mr. Parker, I've struggled with this ordinance from the very beginning. In fact, some of the first things I said at the very beginning, I don't think we should be legislating what business owners can and can't do in their establishment. Having said that, and contrary to what's been said this evening by some of the opponents, I've received hundreds and hundreds and hundreds and hundreds of emails from Arlington citizens who have been very vocal in their support of this smoke-free ordinance. So as a result of that, you've had your chance to announce my time. Thank you very much. I appreciate that. As a result of that, I have investigated what it means to be, quote, unquote, smoke-free. And it's quite a bit less than what we started with and it's probably more than what many of you that are in opposition would tolerate. That being said, I am going to reluctantly support the proposed ordinance tonight with the amendments that have been read and another amendment we'll talk about in a second. But that's what representative government is all about. We get input from both sides. Now those of you that are on the pro side, you didn't hear from the opposition until tonight. Those of you that are on the opposing side, you didn't hear from the opposition until tonight. Those of you that are on the opposing side, you didn't hear from the proponents until tonight or whenever it was that you came down here. Everybody on this council has been hearing from all of you for the last at least two months, perhaps three. And so it's our responsibility as elected officials to try to take the input that we receive from the citizens that elect us and do the best we can with the sausage that we're asked to make. And that's exactly what we're making tonight is sausage. None of you are going to leave here happy this evening. To smoke free people are not going to be happy about some of the areas where you can't smoke. The people that don't want any ordinances all, you're not going to be happy because we've passed an ordinance perhaps. So I do know this. There have been, I spoke to at least four bar owners, two of which I know personally. Miss Capehart I think is spoke to any number more. And I wish that there is a bar owner in here this evening that I thought was going to testify, and express his support for what we mentioned. And I'm disappointed that that didn't happen because I would have hoped that would have changed some of the minds. But the bar owners that we spoke to, we didn't speak to all of them, but the ones that we spoke to, and we didn't speak to all of them, but the ones that we spoke to seemed generally supportive of what the amendments were this evening. As of yesterday afternoon, when I spoke to Mr. Alexander, I thought he too was supportive of it. So it's interesting in these areas how things seemed to shift and change with the wind. But all that being said, I'm disappointed about the visual conversation that's being had amongst citizens. I struggle with the fact that we've lost civility. It seems like at times. And we can't have a civil discussion or discord about things. And leave the arena agreeing to disagree in those areas where we can't find agreement. There's only been one other time that I've been up here for nine years that I've seen anything this mean spirited at times. And it's disappointing to me. It really, really is. But with that being said, I'll let the other members say what they need to say. Council member Rivera. Thank you, Mayor. Wow. You know, this discussion topic has really been around for a lot of years. I've been on this council now for a little over 12 and like a week 12 years. You know coming into this the last several weeks listening as both council member Shepherd and parker have said from very passionate people on both sides. And it's not easy to be in any of these chairs with the decision that we're going to be making here soon. It became pretty evident to me early on that just internally what I felt is that there was a movement that was pretty strong that was asking for this to happen. And so from a consensus building standpoint, I wanted to look at what could be done so that there were some people that were going to be happy with this upcoming vote in terms of either a setback or the carve out for Bingo, just a variety of things to try to figure out a way where we can try to get along. In listening to tonight's discussion and I a little bit, I worked out legs yesterday and some of my legs were a little sore, but I was paying attention in listening. It comes down to this and I don't smoke. I don't like smoking at all. Years ago whenever I would go out here in the city, I would go to Sherlock's with friends and it really annoyed me that I would have to go home and then take my clothes off in the garage and then go inside to take a shower and get the smoke off me. But yet, I still went there with my friends knowing that there was going to be smoke there at Sherlock's. And I'm glad that they made that decision to remove smoking from their bar. Listening to folks here tonight, I again was listening to everyone, both foreign against. But hearing from those that are there to talk about their livelihood, about their small little bar, those are places that I've never been to. Probably will never go. And I make a choice as to where I decide that I want to spend time with my friends and family. No offense to those that frequent those places, it's just a place that I don't go. And in talking to a lot of the folks that have been on the yes side and are on the yes side, those are questions that I ask. Do you ever go there? No, is generally the response. Do you ever plan on going there even if it is smoke-free? And the answer is no. For me, I just have a hard time, in my opinion, forcing a small little entity to conform to what everyone else may want that has a different view or opinion of that. I do get that we're in a city. I get that we're a city of laws and rules and you have a lot of things that you have to do in order to be a good citizen. You have to know your yard and obey code enforcement and obey traffic lights and just a variety of other things. The fact that is that Arlington is a great city. We have for the first time a triple A bond rating. We are the American Dream City. We have all sorts of new commerce coming here daily. And they're coming here. Commerce is free flowing. Money is coming into Arlington. There's three types of communities that you can be. You can be a city that sends your money out. You can be a city that just kind of circulates money within or bring money into your community. And that's who we are. We're a city that brings money in. And we're working, I think, pretty well with the bars in place. I don't think they're harming anyone. I don't think it's harming our community as a whole. Again, we're talking about a legal establishment that has a license not only from the state to sell alcohol, but also a license from the city to get a certificate of occupancy. They conform to all the legal rules that are established and law abiding citizens, frequent these places just as all the other locations across Arlington. So with that, I am grateful for the concessions that this council has made and what is being presented, but overall it's something that I cannot support. Councilmember K. Pant. Thank you, Mayor. Appreciate everyone's comments and we heard you and as Mr. Shepherd has already indicated, we went back and reconsidered where we could make changes and the art of compromise is everybody kind of walks away a little bit unhappy. But I do have one question, Mayor, maybe staff can clarify for me. We heard tonight there were references and I was scanning this with regard to vapor or tobacco substitute. I did see that in the ordinance. So do we need to, Mr. Sheppard goes finger it, do we need to before I make a motion, do we need to exclude that in some way? Are the motion itself, if we say that should be extracted? Is that sufficient enough, Mr. Sheppard? In consulting with our city attorney as briefly as we were able to do, I think she raised a good point about why tobacco substitute is in there. However, I think if we make it clear that we're talking about non-electronic tobacco substitutes, I think that we satisfied the electronic cigarette prohibition that we're trying to get at. And Mr. Leece and I did not get into a lengthy discussion about what is and what isn't electronic and non-electronic and everything else tobacco substitute. But I feel confident with the tape this evening as well as the addition of non-electronic tobacco substitute that the intent of what we're trying to do is clear. Okay with that mayor I'll make a motion I moved to approve the ordinance that has been placed before us this evening with the added revision to delete subsection 10.02 b9. Okay, we have a motion from Councilmember K-PART with the addition of non-electronic to you. Yes, I'm sorry, with the addition of non electronic. Yes. Here we have a motion from Councilmember K. Pardt. Do we have a second? Here we have a motion from Councilmember K. Pardt and a second from Councilmember Motion passes. Thank you for your time tonight and all the input that was given from the people. Okay, we'll give it just a minute. and I'm Next we'll move to the ballpark complex project and I'll call upon Mr. Trae Yeilverton City Manager. Mayor council there's two items on your agenda for this evening to begin implementation relative to the ballpark complex actually three items. You earlier tonight abandoned the Nolan Ryan right way, which is going to be immediately adjacent to Texas live leading up to the ballpark. So item 2A or 132A is a lease that would take the abandoned property into the lot A lease to allow the ballpark project to assimilate those properties. And then secondly, item 132 be a very important document in the cascade of documents that we're going to be putting together over the next couple of months is the non-relocation agreement with the ball team and the city. It commits the team to staying and playing their games here through 2054. It also provides a one-ten-year option or two five-year options. However, it may be done at the time. It also requires the one 10 year option or two five year options, however it may be done at the time. It also requires the team to maintain their corporate executive offices in Arlington and various other miscellaneous pieces. It's the key first document as we work over the months ahead to make the project come to life and we would ask your approval on these items this evening. Any questions from Mr. Yeilverton? Okay, then I'll ask Mr. Pino if there are any speakers on this side. No speakers, Mayor. Okay, then I'll call for a motion. Okay, we have a motion for approval from council member glass be a second from council member k part police catch your votes motion passes. Next we'll go to announcements miss subpoena thank you mayor i'd like to remind our residents at Arlington city council evening meetings or re broadcast on Sundays at 6 p.m. and on Wednesday and Saturday mornings at 6.30. Were they not for boom? All right. evening meetings are rebroadcast on Sundays at 6 p.m. and on Wednesday and Saturday mornings at 6.30 a.m. Councils afternoon work sessions are rebroadcast on Sundays at 1 p.m. Wednesdays at 1.30 p.m. and on Saturdays at 6 p.m. You can also watch meetings online anytime at www.arlingtontx.gov. Okay, any other announcements? Okay, we'll move to citizen participation. Call upon Mr. Zach Maxwell. Good evening or night almost I think we can qualify for night now. Zach Maxwell 2449 South Graham Drive. Excuse me. I'm here today because I want to invite you to a very special event that I have organized alongside with UTA's Institute of Public Transportation Engineers. On May 25th, the Arlington Voice will host the Arlington Public Transportation Forum. And this is going to be at UTA at the Lone Star Theatre. I'm super thrilled to say that Mayor Jeff Williams has agreed to participate in our panel discussion on this very important topic. We also have UTA professor Dr. Sionek Artakani who has 30 years of experience, Mark Jokel, who I'm sure you all are familiar with, and then Buddy Saunders, who brings an oppositional perspective into the conversation. It's going to be an hour and a half discussion. I have some tickets with me right now, but I also gave some tickets to the mayor earlier this week. And so if you get one of those tickets from either of us, they'll guarantee you get in the door. I would recommend that you do that because we have actually over booked for the event, which I think is great. It shows a tremendous interest. We're expecting 450 people to be there. So it's Thursday, May 25th, from 6.30 to 8. That's technically when the discussion will start. We're gonna open the doors at 6. So if you wanna arrive there early, there's parking information on the back. So you know where to park. And it's an important conversation. I mean, obviously y'all are going to be making some pretty major decisions on this in the coming months. And so I would hope that you would be interested in this event because this is going to be a big engagement event with the community. It's going to be getting them involved in the conversations that are taking place, not just here, but at the North Central Texas Council of Governments as well. And I think that's important. That's always been important to me anyway. So that said, again, I have some tickets. Mayor has some tickets as well. And I'm hoping that all of y'all will be there. Thank you. Thank you, Mr. Maxwell. Important topic there and got some great panelists and look forward to that opportunity. All right, now our next one is Mr. Pablo Freys. I just wanted to thank Mr. Parker, obviously, for your stance and Mr. Rivera, also on your stance. I want to remind the council and mayor that it's really not about the actual substance or what we were talking about, the smoking ordinance itself. It's about liberty. And we have to understand that we have to really focus on that. Every decision that we make needs to be made around our constitutional rights, our state constitution rights. Please remember that always. I know Mr. Rivera, you're on your way out. I appreciate everything you've done. Mr. Parker, you're on your way out too. But for the remaining council, women and men and Mr. Mayor, please have a moral compass that includes the liberties of our residents. I find it extremely important. So I would please just ask again, use that when moon making decisions. Thank you. Thank you Mr. Friess. I share in plan glad that I serve with people that know the constitution very well and public health is a part of that. And definitely morality is a very high standard that this council strives to all the time. a very high standard that this council strives to all the time. And I really appreciate that standard and what we did. And we listened to the people tonight and moved forward. And we've reached some great compromises tonight in which our city is going to continue to flourish. Also, we always want to take into account listening to each one of our citizens. Thank you very much. With that, we stand adjourned.